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Smart Voter
State of Ohio November 8, 2011 Election
Issue 1
to Increase the Maximum Age At Which A Person May Be Elected Or Appointed Judge, to Eliminate the Authority of the General Assembly to Establish Courts of Conciliation, and to Eliminate the Authority of the Governor to Appoint A Supreme Court Commission
State of Ohio
Proposed Constitutional Amendment - Majority Approval Required

Fail: 1,273,536 / 37.97% Yes votes ...... 2,080,207 / 62.03% No votes

See Also: Index of all Issues
Information shown below: Impartial Analysis | Arguments |

PROPOSED BY JOINT RESOLUTION OF THE GENERAL ASSEMBLY

TO AMEND SECTION 6 OF ARTICLE IV AND TO REPEAL SECTIONS 19 AND 22 OF ARTICLE IV OF THE CONSTITUTION OF THE STATE OF OHIO

This proposed amendment would:
1.Increase the maximum age for assuming elected or appointed judicial office from seventy to seventy-five.
2.Eliminate the General Assembly's authority to establish courts of conciliation.
3.Eliminate the Governor's authority to appoint members to a Supreme Court Commission.

If approved, the proposed amendment will take effect immediately.

A "YES" vote means approval of the amendment to Section 6 and the repeal of Sections 19 and 22. A "NO" vote means disapproval of the amendment to Section 6 and the repeal of Sections 19 and 22.

SHALL THE AMENDMENT BE APPROVED?
YES
NO

Impartial Analysis from League of Women Voters of Ohio
League Explanation of Issue 1: Currently a candidate for judge is not eligible to run or be appointed if the candidate will be 70 years old or older when assuming the office. The proposed change would prohibit a candidate for judge from being elected or appointed if that candidate exceeds the age of 75 years. This would allow a judge to assume office at age 75 and serve out a six year term, meaning that a judge could potentially serve until age 81. Currently Ohio is one of 20 states with an age of retirement of 70 years.

Eighteen states have no age limit. Four have a retirement age of 72, seven have a retirement age of 75, and one has a retirement age of 90.

The amendment would eliminate the Supreme Court Commission (established in 1875) and Courts of Conciliation (established in 1851). Neither has ever been utilized.

   Official Information

The State of Ohio

Secretary of State Ballot Board Reports for Issue 1 Nonpartisan Information

League of Women Voters

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Arguments For Issue 1 Arguments Against Issue 1
1. In 2011 people live longer and are mentally sound longer than was the case in 1968, when the current age limit was adopted.

2. Experienced, knowledgeable judges should be permitted to run for office. Voters should determine if a candidate for judge is able to serve.

3. If a judge is unable to perform judicial duties because of age or any other reason, the Ohio Supreme Court can discipline or remove the judge. In addition, judges are subject to impeachment proceedings in the Ohio General Assembly.

1. Having a higher age limit effectively creates a more entrenched judiciary.

2. The current system works and there is no compelling reason to change it.

3. Extending the retirement age will burden the courts with some judges whose best years are behind them.

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Created: January 20, 2012 12:04 PST
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