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94 U. Cin. L. Rev. 1 (2025-2026)

handle is hein.journals/ucinlr94 and id is 1 raw text is: IN OHIO, How OLD IS Too OLD TO BE A JUDGE? Patrick Francis Fischeri ABSTRACT People are getting older, and so is our judiciary. This Article examines various questions that accompany an aging judiciary: as jurists get older, can they still keep up with the job's demands? How is the public's confidence affected when they see increasingly older judges? Are there practical or constitutional considerations with an aging judiciary? In response to these concerns, many states have imposed mandatory retirement ages. But is this the best way to handle these concerns? This Article begins with a brief discussion of the history of age limitations on the judiciary and some of the concerns that have accompanied this occasionally sensitive topic. Then, turning its focus to Ohio, this Article analyzes the results of a survey sent to Ohio lawyers. Considering the history of this topic and the survey results by Ohio lawyers, this Article concludes with a modest Ohio-specific proposal that would allow judges to serve past the current Ohio constitutional age limit of seventy while more adequately addressing the public's main concern with an aging judiciary cognitive ability. I. INTRODUCTION In American society, we have tied many rights and privileges-the rights to vote, drink, marry, and practice law-to age. Usually, these age restrictions are imposed on the youngest members of society, to protect our most vulnerable populations and ensure a minimum level of maturity and responsibility for individuals who are participating in such activities. However, similar age restrictions have also been imposed on our older members of society in relation to certain activities that may require high T Justice, Supreme Court of Ohio (2017-present); Judge, First District Court of Appeals of Ohio (2010- 2016). I would like to thank my executive assistant, Christine Hahn, my judicial law clerks, Kylie Conley, Jenna Foos, and Stephan Laboy, and a law student extern in my chambers, Andrew AJ Miller, for their help in finalizing this Article. I also wish to thank Lisa McPherson of the Cincinnati Bar Association and Mary Augsburger and Maggie Ostrowski of the Ohio State Bar Association, and their employees for help with the survey discussed herein. The results of the survey can be viewed at the following link: https:/docs.google.com/document/d/1 VfjThMrgvBISFqldTKqpKkLlVAr7JsG2uTKzExR4ixc/edit?tab =t.0. 1