John McCain may be qualified to be president of the United States, but he wouldn't cut it as a state judge. At 71, he's too old.

McCain is an example of our evolving society: We are living longer, more actively and in better health than ever.

That's one reason the current mandatory retirement age of 70 for Hawai'i state judges is arbitrary and outmoded.

Here's another: It wastes the talents of some of the bench's most educated and experienced legal minds. We've lost such respected judges as James Burns, the Intermediate Court of Appeals chief judge who retired last year even though he was able, and willing, to continue his service.

Senate Bill 3202 proposes to amend the state Constitution to raise the mandatory retirement age from 70 to 80.

This proposal does one thing well: It establishes a more sensible retirement age.

But the bill has serious flaws that must be addressed before going to voters in November.

Critics say it's a blatant attempt by Democrats to restrict Gov. Linda Lingle's ability to appoint judges before she leaves office in 2010 — specifically, Chief Justice Ronald Moon, who turns 70 the same year. It's the same charge leveled in 2006, when Democrats attempted to lift the age limit altogether.

Voters soundly rejected that measure, and unless a sensible compromise is reached on the current bill, they would be justified in voting no again.

The compromise is this: Apply the law to future judges, not current ones. Lingle would be allowed to exercise the rights of her office on the terms of which she was elected. Judges who accepted their positions under current rules would need to abide by them.

And as the demographics of the judiciary gradually shift, public policymakers should examine other options for older judges, such as a senior-judge system with lighter caseloads and more reliable methods of judicial review and accountability.

The Constitution should not be casually amended for short-term political gain, but for long-term benefits: In this case, a wiser and, yes, older Judiciary that matches the tenor of our time.