The Boston Globe from Boston, Massachusetts • 22

221 THE BOSTON Ol.ORK SATURDAY, SEPTEMBER 26. 1987 Judges mull test of retirement law TV notes Ch. 44 expands weekend schedule spot in town you can still get live coverage of the Bork confirmation hearings. The Boston University-based station will continue to air the National Public Radio coverage at least next Monday and Tuesday at 10 a.m. Theater of the mind, better known to aficionados as theatrical radio, may be making a comeback, at least in numbers of stations which are including old-time two-dimensional drama on their schedule.

WGBH-FM. WBUR-FM and WEEI-AM, which have been at it regularly, now share their radio theater audience with Natick's WTTP-AM. Heritage Radio Theater, with host Tom Heathwood, is featuring a nightly menu of top programs, like the Lux Radio Theater, the Chicago Theater of the Air. and such classic goodies as "Dragnet," "The Whistler." "Escape." with the great voice of a young William Conrad," "The Shadow" and "Gunsmoke," most of which are replayed on Sunday evenings. WFCC-FM, the Cape's newest station, will air a series of Cape Cod-based dramas next month, a series which has been heard around the nation, but not in the Boston area.

'I favor the testing because there is a lot involved. No one likes to be told they are no longer fruitful or Judge Benjamin Apkin JUDGES Continued from Page 17 "I favor the testing because there is a lot involved." he said. "No bne.likes to be told they are no longer fruitful or necessary." According to the National Center for State Courts, in Williamsburg, federal law has been amended to remove reference to a maximum age for employment. The law appears to apply to all judges who are not elected and will have its most profound impact in nine states including Massachusetts, Connecticut, New Hampshire and Vermont and the District of Columbia, the center said. In Massachusetts, all judges are appointed.

'Already, attorneys general in Maryland and South Carolina have written opinions concluding that appointed Judges in their states are no longer required to retire because of their age. And the Equal Employment Opportunity Commission this year sided with two Virginia Judges who refused to retire at age 70, saying the state law requiring retirement at 70 should not apply to appointees. If the Massachusetts group of judges agrees to test the state provision, it must decide whether to proceed in state court, federal court or before the EEOC. Feeney, who said he is leaning toward retirement at age 70 net year regardless of the test's outcome, said the Judges might ask the Supreme Judicial Court to decide the issue. Review called for In general, federal law supersedes state law, even state constitutional provisions.

But some lawyers say the test's success is not a foregone conclusion, especially If the federal statute does not explicitly list judges. "Nothing is automatic when It comes to preemption of the state constitution and where Congress has not spoken explicitly," said Patricia Boies, deputy legal counsel to Gov. Dukakis. But If the Massachusetts retirement provision Is struck down, some lawyers say the state should revamp its system that appoints judges for life. Richard Zorza, an appellate attorney in the state public defender's office, said a 20-year appointment may be appropriate, with a thorough review before a judge is reappointed.

Although the appointment of Judges tends to ensure an independent judiciary, 20 years on the bench is probably enough, even if that leaves the judge well below age 70, he said. "Even people ap- Forrest Sawyer resigns CBS News By John Carmody Washington Post Forrest Sawyer, unhappy with his progress at CBS News and mulling some attractive offers from outside the network, has resigned, effective immediately. Since January, he and Faith Daniels have co-anchored the "CBS Early Morning News" from 6 to 7:30 a.m. In addition. Sawyer has anchored the Sunday edition of "CBS Evening News" every other weekend.

Sources Thursday said Sawyer received a substantial settlement on his contract, which had about one year to run. "The grind had begun to get to him," Art Kaminsky, Sawyer's agent, said Thursday. "He's re san ran cts co OPERA By Robert A. McLean Globe Staff WGBX-TV (Channel 44), Boston's UHF public TV outlet and sister station to WGBH-TV (Channel 2), Is expanding its weekend air time, first phase of a year-long weekly programming beef-up, whose start has been scheduled to coincide with Channel 44's 20th on-alr anniversary. Nine hours have been added to Channel 44's Saturday schedule, and nine hours to Sunday's.

Programming that began at 5 p.m. now runs from 8 a.m. to 1 1 p.m. The additional programming -marking yesterday's 20th anniversary observance is mainly re-broadcasts of the week's Channel 2 fare, plus Ivy League football, according to broadcast director Dan Everett. The cast of "Kids America," the only live, daily radio show produced especially for kids, 6-to-12 -and heard In Boston week nights at 7 p.m.

on WBUR-FM will stage a simulated show at the Stone Zoo in Stoneham today at 1 p.m. Host Kathy O'Connell will be Joined by the Duke of Words and by lmprovisational songstress Susan Dias. Metro Boston kids who normally telephone the nightly show are invited to the zoo bash to interact with the "Kids America" cast members. WBUR. incidentally, is the only WEATHER Some sun, 7 p.m., National Weather Service Boston area: Partly sunny, highs 65-70 (18-21 C), winds west 10 to 20 m.p.h.

Tonight, mostly clear, lows 45-50 (7-10 C). Tomorrow, mostly sunny, highs in mid-60s (18-19 C). Massachusetts, Rhode Island, Connecticut: Partly sunny, highs 65 to 70. Tonight, mostly clear, lows in 40s. Tomorrow, mostly sunny, highs in 60s.

Cape Cod and lalanda: Partly sunny, highs 65 to 70, winds west 10 to 20 m.p.h. Tonight, mostly clear, lows near 50. Tomorrow, mostly sunny, highs In mid-60s. Massachusetta coastal marine forecast: Winds west 10 to 20 knots veering northwest 10 to 15 knots tonight. Seas 2 to 4 feet except 1 to 3 feet In Buzzards Bay and Cape Cod Bay and less than 2 feet In Boston Harbor.

Maine, Now Hampshire: Showers likely north, partly sunny with chance of showers south, highs in 50s north to low 60s south. Tonight, mostly clear, lows In 30s to low 40s. Tomorrow, mostly sunny, highs near 50 north to near 60 south. Vermont: Variable clouds and sunshine, chance of showers north, highs In 60s. Tonight, clear, lows In 30s with scattered frost.

Tomorrow, sunny, pleasant, highs 60 to 65. EXTENDED FORECASTS FRONTS: THE half of rain the 60s Coast Plains; Southwest; rest of highs in upper 60s EDT, forecast and highs for Saturday, September 26. Terence. II General Director Sir John 1 1 a Music Director RADIO BROADCAST SEASON Today at Modest Mussorgsky's KHOVANSHCHINA with Helga Dernesch, Matti Salminen, Timothy Noble, Gwynne Howell and William Lewis; Gerd Albrecht conducts. Be sure to listen today and every Saturday at the same time for ten of the greatest performances chosen from San Francisco Opera's last four seasons.

'Ib receive a tree ltrouuVat (iukle write llniadiaM (iuiJr. San rraiuico Optra. Mil Van Avenue. San KranciMO. A ')4ltl2 WCRB 102.5FM pointed young become jaded long before retirement age," said Zorza.

Judges over 70 "You can always go back to practicing law," said Ernest Wln-sor of the Massachusetts Law Reform Institute. "There's no question you can always find a niche for yourself as former judge. If he's been a good Judge, he'll be reappointed." Despite the mandatory retirement provision in the state constitution, there is a select group of judges who have stayed on the bench long after reaching 70. Under 1978 legislation that set up a recall system, about 20 Judges are serving beyond the retirement age. The recall system has Its share of critics, who argue that the legislation was an end run around the state constitution, but court officials say those Judges are necessary to ease the burden of the system's heavy caseload.

Under recall, judges are certified for two-year periods, with their performances subject to review every 90 days. The decision to approve judges who submit their names for recall is ultimately that of Edward F. Hennessey, chief Justice of the Supreme Judicial Court, and other state chief Judges, who draw on the advice of a committee representing lawyers from around the state. Hennessey, incidentally, turns 70 in 1989. nn 11 IVs nnn tsT- 70 70 A nnnfcfc JLfL Cok) Statonaty ceived Inquiries from syndicated programs, other networks and even PBS over the past months, and he finally decided he had better things to do elsewhere." Sawyer reportedly wanted more prime-time exposure, which Howard Stringer, president of CBS News, was unable to guarantee at this time.

Sawyer's departure comes at a time when the future of the morning lineup on CBS is way up in the air. Rumors persist that in re sponse to affiliate pressure, thf network will jettison "The Morn ing Program" in its current torn no later than the end of the year or at least replace Mariette Hart ley and perhaps Rolland Smith the low-rated show's cohosts. 1967 Aocw-Weatnor. inc MINIATURE' ALMANAC Saturday, Sept. 26, 1917 (Dayllghl Saving Time) Sunrise 6 36 Moonnse 10:23 am Sunset 6:35 Moon set 6:04 pm Length of day 11 59 Day of year 269 AM PM HIGH TIDE 1:48 1:58 Hgt ol tide 9 5' 10 LOW TIDE 7:51 8:19 Hgt.

of low tide 0.2' MOON'S PHASES First Ouarter Sept. 30, 6:40 am Full Moon Oct. 7. 1213 am Last Quarter Oct. 14, 2:06 pm New Moon Oct.

22, 1:29 pm CLIMATE DATA I a. Frlstf. taplsassr 1987 I0ST0K TEMPERATURES Dirss High yesterday 63 Low 53 Mean 58 Departure from normal -4 Departure this month 8 Departure this year -339 I0ST0N DEGREE-DAY DATA Degree-day units 7 Total this month 45 Total tor season 71 Total corres. date last year 119 30-yr. normal, corres.

date 59 OSTON PRECIPITATIOK laches Total 24 hours, ending 8 pm 0 Total this month to date 7.03 Departure from normal 4 16 Total this year 36 88 Departure Irom normal 5.58 UROMETER AT SEA LEVEL at 2 pm 29 80 In. 10091 mbs. at 8 pm 29.87 in. 1012.5 tubs. 8 p.m.

relative humidity 39 YESTERDAY'S SUNSHINE INDEX 568 79 ot possible. Boston record temps tor September 26 art 95 In 1681 and 34 In 1879. HIGH TIDE A.M. P.M. Old Orchard, Me 1:39 1 49 Hampton Beach, N.H 1:50 2 00 Plum Island 1:48 1:58 Ipswich 1:46 1:56 Gloucester 1:45 1:55 BOSTON AREA 1:48 1:58 Scltuate 1:43 1:53 Plymouth 1:53 2:03 Cap Cod Canal (E) 147 157 Cape Cod Canal (W) 11:38 11:48 Falmouth 1:30 1:40 Hyannls Port 2 49 2 59 Chatham 2:18 228 Wellfleet 2 00 2:10 Ptovincelown 2:02 2:12 Nantucket Harbor 2:53 3:03 Oak Bluffs 2:18 2:28 New Bedford 10:31 10:41 Newport, R.I 10:18 10:28 "nJ LULILIUU CJU NATIONAL FORECAST: There will be widely scattered showers and thunderstorms over the southern the Rockies and the southern high Plains, scattered thunderstorms over southern Florida and a few showers over upstate New York.

Highs will be in across the Great Lakes, New York state, Pennsylvania, New Jersey, and from the northern Pacific into western Montana; around 90 over the southern In the 90s to around 100 across the desert and in the 70s or 80s across most of the the country. ROT II 111. nnnn nnnn full 11 II I fill I .11 II I I xA I I Massachusetts, Rhode Island, Connecticut: Fair Monday, chance of showers Tuesday, fair Wednesday. Highs In 70s Monday and Tuesday, 60s Wednesday. Lows in 40s Monday and Wednesday, 50s Tuesday.

Some 30 degree lows in interior valleys Monday. Maine, New Hampshire: Chance of showers late Monday, fair Tuesday, chance of showers Wednesday. Highs In upper 50s and 60s, lows In 40s. Vermont: Dry Monday, highs in 60s, lows in 40s. Scattered showers Tuesday and Wednesday, highs 55 to 60, lows in 40s.

WEATHER RADIO The National Weather Service broadcasts 24-hour weather Information on 162.475 mHz at Boston and 162.55 mHz at Hyannls and Worcester. AIR QUALITY Today's pollution forecast: Unavailable. MT. WASHINGTON 6 p.m. Weather: Fog, snow show-rt; wind: 57 m.p.h.; temperature: 20; maximum: 27; minimum: 19; precipitation: .27 depth: 1,5 In.

EXTENDED FORECASTS The National Weather Service forecasts below normal temperatures for New England Thursday, October 1, through Monday, October 6. Precipitation will be greater than normal In Maine, New Hampshire and Massachusetts and near normal In Vermont, Connecticut and Rhode Island. FOREIGN CITIES Weather and temps yesterday Local temp. City Weather Time Aberdeen ptly cidy noon 52 1 1 Amsterdam clear 1pm 58 14 Ankara clear 2pm 76 24 Athens clear 2pm 81 27 Auckland cleat noon 54 12 Bering clear 8pm 61 16 Berlin thundrsttms 1pm 56 13 Bonn ptly ckjy 1pm 62 17 Brussels clear 1pm 60 15 Cairo clear 2pm 87 30 Casablanca cloudy noon 77 25 Copenhagen ptly cldy 1pm 52 11 Dakar cam noon 76 25 Dublin cloudy noon 53 12 Geneva ram 1pm 60 15 Helsinki ram 2pm 47 8 Hong Kong cloudy 8pm 81 27 Jerusalem clear 3pm 77 25 Karachi clear 5pm 93 34 Lisbon plly cldy noon 72 22 London ptly ckty noon 60 15 Madrid cloudy 1 1am 65 19 Malta cleat 1pm 89 32 Manila plly cldy 8pm 85 30 Moscow cloudy 3pm 63 17 Nairobi ptly cldy 3pm 81 77 Nassau plly cldy 7am 79 26 New Delhi clear 6pm 99 37 Nice clear 1pm 77 75 Oslo clear 1pm 54 12 Pans cloudy 1pm 60 15 Pretoria clear 2pm 78 76 Riyadh clear 3pm 106 41 Rome cleat 1pm 82 78 Seoul plly cldy 9pm 55 13 Softs plly cldy 2pm 84 29 Stockholm cloudy 1pm 52 11 Sydney plly cldy 10pm 70 21 Taipei cloudy 8pm 78 25 Tokyo cloudy 9pm 78 25 Tunis plly cldy 1pm 92 33 Vienna plly cldy 1pm 67 19 Warsaw plly ckjy 1pm 60 15 PAN AMERICA Weather and tempi yesterday Local temp. City Weather Time Buenos Aires cloudy 9am 58 14 Caracas cloudy 8am 73 23 Havana cleat 7am 76 24 Lima cloudy 7am 63 17 Mexico City cloudy 6am 58 14 Rio de Janeiro rain 9am 67 20 CANADA Report it noon yesterday, Temp City Weather Calgary clear 68 20 Edmonton cleat 68 19 Montreal ptly cldy 60 15 Ottawa cleat 58 14 Regina Cleat 65 18 Toronto clear 16 Vancouvet cloudy 6H 18 Winnipeg cleat 61 16 US CITIES Weather and temperatures lor today and Sunday Tee'ay tuUf Clt Frttl.

Mill frwl. Hill Albany ptcldy 65 sunny 65 Albuquerque ptcldy 80 lair 81 Anchorage shwrs 52 shwrs 51 Ashevllle sunny 76 sunny 78 Atlanta sunny 80 ptcldy 81 Atlantic City sunny 69 sunny 72 Austin ptcldy 88 cloudy 87 Baltimore sunny 74 sunny 76 Birmingham sunny 83 sunny 85 Bismarck sunny 75 ptcldy 68 Boise ptcldy 73 sunny 72 Buffalo ptcldy 65 ptcldy 68 Chaiistn.SC sunny 83 sunny 84 Charlstn.WV sunny 76 sunny 80 Charlotte sunny 78 sunny 82 Cheyenne ptcldy 77 cloudy 64 Chicago sunny 76 sunny 80 Cincinnati sunny 76 sunny 78 Cleveland sunny 67 sunny 71 Clumbia.SC sunny 83 sunny 84 DallsFtWrth sunny 90 ptcldy 69 Denver sunny 84 ptcldy 78 Des Moines sunny 79 sunny 60 Detroit fair 69 sunny 73 El Paso ptcldy 87 ptcldy 87 OrndRapds fair 69 Sunny 72 Great Falls windy 66 ptcldy 60 Green Bay sunny 68 ptcldy 71 Greensboro sunny 75 sunny 80 Honolulu cloudy 88 cloudy 68 Houston ptcldy 88 cloudy 88 Indianapolis sunny 79 sunny 80 Jackson sunny 88 ptcldy 65 Jacksonville sunny 86 sunny 85 Kansas City sunny 87 ptcldy 87 Las Vegas sunny 91 fair 88 Little Rock ptcldy 85 ptcldy 84 Los Angeles ptcldy 78 ptcldy 78 Louisville sunny 80 sunny 81 Memphis sunny 86 ptcldy 88 Miami Beach lurms 87 tstrms 87 Milwaukee sunny 70 ptcldy 73 MpisStPeul sunny 74 ptcldy 78 Nashville sunny 84 lair 64 New Orleans sunny 85 ptcldy 85 New York sunny 69 ptcldy 71 Norfolk Sunny 75 Sunny 79 OklhmaClty ptcldy 88 fair 88 Omaha sunny 83 sunny 80 Orlando sunny 88 sunny 67 Philadelphia sunny 69 sunny 73 Phoenm sunny 96 sunny 96 Pittsburgh sunny 69 sunny 72 Ponnnd.Or ptcldy 70 sunny 73 Raleigh sunny 76 sunny 82 Rapid City sunny 85 Cloudy 70 Richmond sunny 77 sunny 81 Sacramento sunny 85 sunny 87 SaltLakeClty ptcldy 80 cloudy 70 SanFrancsco lair 68 sunny 70 San Juan ptcldy 90 ptcldy 90 Seattle ptcldy 63 ptcldy 67 Spokane ptcldy 64 fair 82 Tmp'StPet sunny 69 sunny 67 Topeka sunny 86 ptcldy 84 Tucson lair 93 fair 93 Tulsa ptcldy 69 ptcldy 89 Washington sunny 78 sunny 79 "The Adams' Chronicles," one of television's most dramatic historical series, returns to PBS this fall. This powerful saga traces the growth of our nation through the eyes of one of America's most remarkable families. Through their unique strength and sense of courage, many of our country's greatest hopes and dreams arc born. "The Adams' Chronicles" beautifully captures our spirit of determination.

But more than that, it a story that captures the heart "THE ADAMS' CHRONICLES" TIME III: SATURDAY, II AM OR SUNDAY AT 5PM Oil WGBII2 hinileilb) AIM (I Andrew Mellon hmnil.illim and Yillonal I mlimnieni lor the llumanltlei.