The House Appropriations and Budget Judiciary Subcommittee approved a bill Thursday that places an age restriction on some Oklahoma judges.
State Rep. Chris Kannady, R-Oklahoma City, calls his bill the "lesser of evils." If passed into law, his bill would have some judges retire at age 75. It would apply to those on the criminal and civil appeals courts, as well as the Oklahoma Supreme Court, The Journal Record’s Dale Denwalt reports:
“If the Legislature is in the mood to do judicial reform, I wanted to put an option out there that was less aggressive than some of the other options,” said Kannady, R-Oklahoma City. “This is one that I’m sure judges and lawyers around the state aren’t excited about, but I can guarantee they’re not as excited about some of the other possibilities.” In an ideal legislative session, he said, neither would be on the table. “In the summer when I saw (judicial elections) coming about, I was trying to find ways to find the lesser of evils,” he said.
Kannady said he'd rather not support any so-called judicial reforms, but argued that his is better than having justices campaign for office every six years. Retired Court of Criminal Appeals judge Charles Johnson stepped down in 2014 at the age of 84, and told Denwalt he left the court a better judge than when he started:
“As long as our mind is working and our reasoning is working, we’re competent to render good decisions,” Johnson said. “I can understand the reasoning, but I’m not sure turnover per se makes it better.” Supreme Court Chief Justice John Reif also questioned the need for a retirement age. Speaking for himself and not on behalf of the court, Reif said he wants the requirements for a judiciary to attract the best people. “I think this would discourage some of our better and brighter lawyers from leaving private practice and coming to the bench,” he said. “I think it’s a solution looking for a problem. That’s not a problem, but I don’t make the policy. The Legislature makes the policy.”
Another measure winding its way through the House of Representatives would have judges campaign for statewide office, a move that opponents say could introduce corruption into the judicial process.Lower court judges are already elected.
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