Pa. Judges Sue to Stop Mandatory Retirement

November 15, 2012 ( – A group of Pennsylvania judges is suing the state regarding a mandatory retirement provision of state law.

According to the complaint, Article V, Section 16 of the Pennsylvania Constitution mandates that all Pennsylvania justices and judges retire at the end of the calendar year in which they turn seventy years old. The judges contend that this mandatory retirement provision violates their rights under the Equal Protection and Due Process clauses of the Fourteenth Amendment to the United States Constitution and under Article I of the Pennsylvania Constitution. 

The lawsuit asks the court to nullify and declare invalid the mandatory retirement provision and permanently enjoin the defendants named in the case from enforcing the provision. 

The complaint can be viewed here.