Why Did Nine Judges Suddenly Challenge Mandatory Retirement Age?

Pennsylvania's judiciary is a mess. We have the  Kids For Cash scandal, in which two Luzerne County judges accepted kickbacks for sending children to privately-run detention facilities. More recently, Justice Joan Orie Melvin was convicted of political corruption. She has finally stepped down. But now another Justice, Seamus McCaffrey, is in hot water, or at least he should be. He not only employs his wife as his chief legal aide, but has allowed her to accept $821,000 in "referral" fees to connect clients with law firms that just happen to appear in front of her hubbie. There is even some hint that McCaffery's wife is involved in Philadelphia's ticket-fixing scandal.

Given this recent history, you'd think our judges would want to be above scrutiny. But instead, it certainly appears they are engaged in a conspiracy to lengthen their terms beyond the mandatory retirement age of 70.

There's no such thing a a constitutional right to be a judge. The law on this is settled, on both the federal and state level. Yet for some reason, a group of judges has suddenly decided, out of the blue, to challenge the mandatory retirement. And amazingly, the state Supremes have already granted "extraordinary relief" and assumed jurisdiction, with a decision expected sometime this Summer.

What gives?

The answer to this is very clear, and is contained in Northampton County DA John Morganelli's Op-Ed below, which is currently being picked up by newspapers throughout the state.

Here's the lowdown. Chief Justice Ron Castille, who incidentally hates to be criticized, is seeking retention this year, but turns 70 next year. Why would he run for retention if he knows he can only serve one year? In fact, no less than four Supremes will top out at 70 in the next five years. They want to keep their jobs. So various judges have reportedly been approached at judicial conferences, where it has been suggested or hinted that they might want to file suit to invalidate the retirement age.

And that's exactly what is happening. Altogether, nine judges have come out of the woodwork to suddenly challenge this law. I could see one or two. But nine? That's too many to be a coincidence.

Let's look at these judges. Four of them - John W. Herron, Sandra Mazer Moss, Joseph D. O’Keefe and Benjamin Lerner - just happen to be from Philly, where Castille was DA. Two of them, John Driscoll and former Bucks DA Alan Rubenstein, are Castille buds. Judge Tilson is from nearby Montgomery County. The only two jurists with no real ties to Castille are Northampton County's Leonard Zito and Fayette County's Gerald Solomon.

Though the Supremes have a direct pecuniary interest in this matter, they also get to decide. Doctrine of necessity, they'll say. If  they don't decide, nobody can.

This is a real insult to all the people out there throughout the state who are running for judge and spending all kinds of money.

John Morganelli, who is after all a prosecutor and can smell bullshit a mile away, can smell what the Ron is cookin'. Here is what he has to say.