Nov 17, 2015 3 min read

Washington County visiting Senior Judge William Nalitz tapped his knuckles against his desk. He made the common good-luck gesture as he explained how he’s fortunate, able and willing to serve as judge at age 71.

The former Greene County president judge now presides over civil cases in Washington to help with the workload in the absence of an elected or appointed judge to fill the vacancy left by the resignation of former President Judge Debbie O’ Dell Seneca. That vacancy won’t be filled until 2018, meaning judges like Nalitz will be leaned on to help carry the caseload of a six-judge courthouse with only five sitting judges.

But after the state Senate voted Monday, Pennsylvania voters will decide next April in the primary election if judges can work until age 75 in official retention, or if they should be forced to retire at age 70, as currently required by the state constitution. Even if the ballot initiative fails, judges like Nalitz can still take up judicial work with a senior judge appointment.

“Senior judges are only allowed to work 10 days a month. But I’m ready to serve as long as needed,” Nalitz said.

Nalitz said there are some matters, however, that should be left to sitting judges, such as custody cases.

“I had cases in Greene County where I followed a kid from the time he was born until he was 18. For something like that, it’s better for a judge to be able to follow a family or a child,” Nalitz said.

The elephant in the room is the idea that judges might not be able to maintain judicial temperament or apply the law properly if the mental infirmities that sometimes accompany old age encroach. But that’s contrasted with the experience they often bring after serving so long.

”Anyone who’s been on the job this long has a lot of knowledge and understanding, and it’s kind of a shame to ditch all that at an arbitrary date,” Nalitz said, “because I wasn’t ready to retire at 70 last year on December 31. I’m willing to serve as long as they need me here.”

President Judge Katherine B. Emery said she sees multiple sides of the age argument.

“The older you are, there’s a greater wealth of experience and knowledge, and I think that helps the judicial system overall. And the other side is it’s nice to get change. In large counties, there’s always a new judge coming. In Washington, smaller area, we don’t have fresh faces. I think it’s healthy to have to new faces,” Emery said.

Emery said she won’t put herself up for retention in 10 years when she’ll be approaching 69, regardless of whether the law is changed, but she doesn’t see the need to mandate an age bump.

Former Washington County Judge John Bell, 79, said he retired from the bench at age 59, but then served as a senior judge until he was 77.

“Don’t fix something that doesn’t need fixed. But at some point, age does take over. Some people have seen problems crop up at 65 – concentrating, memory – those things. I’ve seen judges fall asleep on the bench. It’s unfortunate, but we’re human beings,” Bell said.

The move to raise the age has failed in other states. It failed in Arizona in 2012; Louisiana in 1995 and 2014; Hawaii in 2006 and 2014; New York in 2013; and Ohio in 2011, according to Bill Raftery of the National Center for State Courts.