I went to my second Bob Dylan concert tonight. Dylan, 71, put on a good show. A good show–but not a great show. By the end of the night, it seemed that most of the wind was out of his sails. I left the show asking myself, “How do you know when it’s time to quit?” I think this is a tough question for anyone who loves what they do and really hard for anyone who is great at what they do.
The same question could be asked about lawyers and judges. Six Pennsylvania judges have taken the question to the State’s supreme court, where they’ve filed a lawsuit alleging their constitutional rights are being violated by a provision in the State constitution that mandates the retirement of all state-court judges before they turn 71.
A similar provision in Missouri was upheld by the U.S. Supreme Court in 1990 but the PA judges hope that changes in the way the Court interprets the 14th Amendment’s Equal Protection Clause and what science says about the effects of aging. Currently, 33 states and the District of Columbia impose age restrictions on judges.