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Thursday, November 15, 2012

Courts - "Pennsylvania Judges Sue over Mandatory Retirement Provision"

Joe Palazzolo of the WSJ Law Blog reported yesterday that begins:

Six Pennsylvania judges are suing to invalidate a state constitutional provision that requires them to retire at age 70.

Standing in their way is a 1990 decision by the U.S. Supreme Court, Gregory v. Ashcroft, that upheld a similar mandatory retirement requirement in Missouri. But the judges and their lawyers are hoping that advances in medicine, new research on aging and evolving law on the 14th Amendment’s Equal Protection Clause will help them sustain their challenge.

The challenge could have national implications. Thirty-three states and the District of Columbia enforce age limits for at least some of their judges, according to the National Center for State Courts.

What about Indiana? The Indiana General Assembly abolished all remaining mandatory age caps for trial court judges in 2011.

With respect to Supreme Court justices and Court of Appeals judges, Article 7, section 11 of the Indiana Constitution includes this provision:

Every such justice or judge shall retire at the age specified by statute in effect at the commencement of his current term.
The age currently specified by statute (IC 33-38-13-8) is seventy-five:
(a) Every justice of the supreme court and judge of the court of appeals shall retire at seventy-five (75) years of age.
(b) Notwithstanding subsection (a), the supreme court may authorize retired justices and judges to perform temporary judicial duties in any state court.
For ILB background entries, start here.

Posted by Marcia Oddi on November 15, 2012 10:04 AM
Posted to Courts in general