A third lawsuit has been filed by judges challenging Pennsylvania’s mandatory requirement that they retire in the year in which they turn 70.
The lawsuit will pursue two new angles from the other two lawsuits: one, that the mandatory retirement of judges curtails voters of their right to vote for judicial candidates for their choice, and, two, that it is irrational that, under a 2001 constitutional amendment that allows judges to serve as commissioned judges until the end of the year in which they turn 70, some judges can serve longer than others as commissioned judges depending upon when their birthdays fall on the calendar.
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