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MRS. BOTHE: I was going to go off in an
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entirely different area which concerns me, perhaps more
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3
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than any other members of the Committee. At our last
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4
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meeting we discussed the question of compulsory retire-
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5
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ment. Under the present law, the judges have to retire
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6
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at the age of 70. They call it constitutional retire-
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ment, and some of them seem very chipper when they say
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it.
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9
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THE CHAIRMAN: Constitutional senility.
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10
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MRS. BOTHE: Senility, they do not seem that
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senile to me. This Committee has tentatively, at least,
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agreed that we could perpetuate that restriction with
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perhaps the ability for the chief judge to bring men
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out of retirement for limited purposes. What is your
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view on that subject?
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MR. WINTERS: Well, I would very strongly
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endorse that very thing. I think it is important to
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have a fixed retirement ege and there are many judges
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when they reach that age, they ought to retire, but
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some are like Holmes and Brandeis, whose ability con-
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tinues unblemished for a long time thereafter and it is
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