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Should judges be allowed on bench until age 75?

Pennsylvania state lawmakers advanced a resolution to delay until November a public vote on whether to let judges continue to serve for five additional years, until they turn 75.

The House Judiciary Committee voted Tuesday 16 to 11 for a resolution to postpone the ballot question on a constitutional amendment until the Nov. 8 general election.The Pennsylvania Constitution currently requires the state's roughly 1,000 judges, district judges and justices to retire by the end of the year they turn 70.Opponents say the change will waste money used to advertise the measure and print primary ballots.The legislation is moving about two weeks after the state Supreme Court declined a request by Senate Republican leaders to alter wording they consider unnecessary and confusing.The referendum issue calling for a "yes" or "no" vote was initially to appear on the primary election ballots in Pennsylvania on April 26.Referendum questionA simple majority vote in both chambers of the Pennsylvania Legislature during two successive legislative sessions was required to refer this amendment to the ballot.During the 2013-14 legislative session, the Legislature approved the amendment, then titled House Bill 79, for the first time.On June 28, 2013, the House of Representatives approved the measure by a 157-44 vote. On Oct. 15, 2013, the Senate followed suit, voting 44-6 in favor of the amendment.The amendment was brought up for a second time during the 2015-16 session as House Bill 90.On Feb. 10, 2015, the House approved the amendment for a second time by a vote of 154-44. The bill was given second consideration but did not proceed to the 2015 ballot. However, it was given third consideration on Nov. 16, 2015, and the Senate approved the measure by a 36-to-13 vote, referring it to the 2016 ballot.Effect of the voteIf the referendum passes at the end of the year, the retirement age would apply to approximately 1,000 judges in Pennsylvania.The change would affect the troubled Pennsylvania State Employees' Retirement System in that judicial pensions would be higher for those with an additional five years of service.State employees currently receive defined-benefit pensions based on salary, years in office and a judge's own contributions, something disappearing in the private sector, where 401(k) plans built on a mix of contributions from employees and employers are common.Then, too, judicial salaries, established by state law, offer healthy salaries to the judges.In 2016, Carbon County's three judges - Roger N. Nanovic, Stephen Serfass and Joseph J. Matika - will be paid $177,342 each, and its four magisterial district judges - Casimir Kosciolek, William Kissner, Joseph Homanko and the position vacated by the retirement of Edward Lewis - will each collect $88,290.In the system of the Administrative Offices of the Pennsylvania Courts, retired judges take the role of so-called senior or part-time judges and can earn daily compensation of $532 per day for accepting fill-in assignments administered by the AOPC, but only until they reach the age of 78.One report by the Citizens' Voice in Wilkes-Barre, based on its findings under a Right to Know request, revealed the state paid senior judges $11 million ($4 million in per diem payments and $7 million in pension payments) in a recent year, the number which is obviously currently higher.Carbon judgesThere are currently two retired Carbon County judges - John P. Lavelle and Richard W. Webb - both who held the position of president judge before the title went to Nanovic.Lavelle retired in 2002 after havingturning 70 on Feb. 18, 2001. He is now 85.Webb retired at the end of 2005 at the age of 60. He is now 71.Before them, Judge Albert H. Heimbach served the court from 1960-78, having turned 70 on Sept. 18, 1977, and his predecessor, Judge James C. McCready, oversaw the court from 1940-60, reaching his 70th birthday on Feb. 13, 1959.Nanovic was elected to the bench in November 2001 and began his service in 2002.After 10 years, the voters cast an affirmative vote in November 2011 to retain him for 10 additional years, and he will, presumably, be subject to a second retention vote in 2021. He will not turn 70 until Aug. 13, 2024.Serfass began his tenure in 2010 and will be subject to a retention vote in November 2019, and, presumably, in 2029. He will turn 70 on Oct. 14, 2039.Matika was elected in November 2011, began a 10-year term in 2012 and will be subject to retention votes in 2021 and 2031. He will turn 70 on April 5, 2032.

A judge's gavel sits on a book. A referendum item that was to be put on the upcoming primary election ballot asking if judges' retirement age should be moved back from 70 to 75 has been delayed until the general election. PHOTO BY METROGRAPHICS