Apr 30, 2014 By The 2 min read

A federal appeals court Tuesday upheld a ruling that dismissed a challenge to the mandatory retirement age for Pennsylvania’s judges.

Fayette County Senior Judge Gerald R. Solomon was one of four state judges who challenged the provision that jurists must step down at age 70. The four claimed in federal court that it is unconstitutional to continue the practice. In the September opinion tossing out the suit, the federal court judge noted that the means to resolving the mandatory retirement issue lie in the hands of the voters rather than the judiciary.

Solomon, Northampton County Judge Leonard Zito and Philadelphia County Senior Judge Benjamin Lerner and Judge John Herron appealed the ruling to the 3rd Circuit Court.

In a four-page opinion issued Tuesday, the appellate judges found that the lower court’s ruling was correct. U.S. District Judge John E. Jones III, in his initial opinion dismissing the filing, noted that there was irony in the fact that federal judges are appointed for life, and Pennsylvania judges must abide by the state’s set retirement age. Solomon was forced to step down as president judge in the county last year after he turned 70. He would have had five years left on his 10-year retention. He opted to stay on as a senior judge, receiving $522 for each day he works, but does not receive benefits.

Full-time judges receive $169,541 annually, plus benefits.

Two sets of judges filed argued the mandatory retirement issue in state and federal court last year. Last summer, the state Supreme Court dismissed the state court suit about retirement.