The Louisiana Supreme Court’s reaffirmation of the state constitution’s requirement that judges retire once they reach age 70 has effectively ended re-election hopes for several veteran justices.
The high court’s ruling was handed down July 21 in an opinion involving challenges to the mandatory judicial retirement age by Baton Rouge District Judge Janice Clark and a New Orleans magistrate judge, Harry Cantrell. The court last week rejected a request that it reconsider its decision upholding the age requirement.
Judge Clark argued that the age mandate conflicted with other parts of the state constitution, including the provision saying no one can be denied equal protection under the laws, the prohibition against restraints on free speech and limits on one branch of government exercising powers belonging to another branch.
“We find no merit to these assertions,” the court said in a 5-2 decision. “... A judge who attains age 70 during their term of office cannot be a candidate for judicial office because that judge cannot serve another term.”
The part of the constitution allowing judges who turn 70 to finish out their current terms does cause some inequities since some judges may serve longer than others based on when a judge’s birthday falls, the court stated.
“However, despite these inequities, the provision has a rational basis in a legitimate state interest: avoidance of the substantial expense of special elections and pro tempore judicial appointments that would otherwise be necessary every time a judge reaches age 70,” the justices said.
The court’s actions have led Judge Clark and a First Circuit Court of Appeal judge, Toni Higginbotham, to announce they are ending their plans to seek re-election.
“My position about the mandatory retirement age for judges has always been the same,” Higginbotham, 74, said in an email to the Louisiana Record. “I would like to see it eliminated for personal reasons and because I feel it is age discrimination.”
She has followed the law for nearly a quarter-century as a family court judge and an appeals court judge, Higginbotham said, so she will respect the state Supreme Court’s final decision.
The judge delivered documentation to the Secretary of State’s Office on Thursday withdrawing from her re-election bid.
“Although I am sad and disappointed that my service as an elected judge must come to an end based on age, I accept the Supreme Court decision,” Higginbotham said, adding that it’s possible that voters may reconsider the age issue in the future.