Judge Gerald R. Solomon and Judge Arthur Tilson claim the provision – which sets the retirement age at 70 – violates their equal protection and due-process rights under the U.S. Constitution, the Herald-Standard reports.
Solomon, who is 70 years old, is opting to continue working as a senior judge, but he will not receive benefits like full-time judges.
The mandatory retirement age of judges varies throughout the United States. In November, a group of Pennsylvania judges also filed a lawsuit against the state regarding a mandatory retirement provision of state law (see “Pa. Judges Sue to Stop Mandatory Retirement”). That suit has also been transferred to federal court.