Judge Marullo plans to swear in despite a vote upholding age limit

Judge Marullo plans to swear in despite a vote upholding age limit

Orleans Criminal Court Judge Frank Marullo, age 74, says he fully intends to serve another six-year term.

That is in spite of a vote Tuesday that upholds the age limit of 70 for judges in Louisiana.

But, the courts may have more to say.

Marullo has been a judge since 1974, when Richard Nixon was president, and he says after winning 51 percent of the vote Tuesday, he plans to serve until he's 80.

"I'm kinda shocked that he's going to sit there and say he's going to fight this and stay on anyway," said Graham Bosworth, who came in third in the race.

Marullo says he's not fighting anything - the voters have spoken. But those same voters on Tuesday upheld the age restriction for judges across the state.

"I can certainly imagine one of his opponents will file something ... because the previous rulings said we're allowing you to run Judge Marullo, but we're not going to talk about whether you can serve because they left that open," said FOX 8 legal analyst Joseph Raspanti.

Bosworth isn't planning on filing a challenge to Marullo's re-election, but he's confident if a challenge isn't filed, the state Supreme Court may take action to remove Marullo under the State Constitution of 1921, which says no judge can serve past the age of 75 - an age Marullo will reach on Dec. 31.

"If for some reason they say he can't serve, it's razoo, and there will be people in that election who weren't in the previous election," said Raspanti.

Judge Marullo didn't want to go on camera, but he told me he's fully confident that he will serve another term. He says no one stood in his way when he qualified and ran, and he fully expects to be sworn in in the next 30 days.

" Judge Marullo has not lost a step, Raspanti said. He's the same guy I knew as an assistant district attorney 30 years ago."

But his political opponents believe it's only a matter of time, before time catches up with Marullo, who is the longest-serving judge in Louisiana.

"I think there will be a special election because you have an individual who can no longer serve," said Bosworth.

And Bosworth says if there is a special election, he will likely run again.

The state Supreme Court's judiciary commission doesn't confirm any investigations and wouldn't say if it is looking into the Marullo matter. If it does, it will present findings to the seven justices of the court for a vote to determine whether Marullo remains seated.

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