U.S. Appeals Court backs Pa. judge retirement mandate
- ️Wed Apr 30 2014
A federal appeals court Tuesday refused to strike down Pennsylvania's law that requires judges in the state to retire at age 70.
The 3rd U.S. Circuit Court of Appeals took that stance in affirming an order U.S. Middle District Judge John E. Jones III handed down in September, dismissing a lawsuit several judges filed in a bid to void the retirement rule.
The judges claimed the 46-year-old mandate violated their equal protection rights under the U.S. Constitution.
In dismissing their lawsuit, Jones rejected the judges' rights violation argument. He noted that the retirement cutoff was approved by voters during a statewide referendum in 1968 and is set in an amendment to Pennsylvania's constitution.
Jones' ruling came three months after the state Supreme Court also upheld the judge retirement rule.
In refusing to overturn Jones' decision, the 3rd Circuit judges cited a 1991 U.S. Supreme Court decision that upheld a similar judicial retirement law in Missouri. That decision remains the controlling ruling on the issue, they found.
If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.