Judge files amended suit against forced retirement
An attorney for Fayette County Senior Judge Gerald R. Solomon has filed an amended civil suit challenging a provision in Pennsylvania that forces judges to retire at 70.
The move comes as his co-plaintiff in the case withdrew his stake in the suit.
Montgomery County Judge Arthur Tilson voluntarily dismissed his portion of the suit on Saturday.
The same day, attorney William T. Hangley of Philadelphia, who represents both Solomon and Tilson, filed an amended suit on Solomon’s behalf regarding the provision.
Hangley said Monday that the withdrawal and refiling were conducted after the state Attorney General’s office moved the suit to federal court.
Hangley explained that the initial suit argued on both state and federal law.
He said that in an effort to make sure both sets of laws are examined, Tilson withdrew his suit at the federal level and Hangley will file a state-only civil suit in Pennsylvania on his behalf in the coming days.
Additionally, Hangley said that he then filed an amended suit on behalf of Solomon at the federal level that pertains only to federal laws and regulations.
The suit claims that forcing a judge to retire violates their equal protection and due-process rights under the U.S. Constitution. Because the suit makes claims under the 14th Amendment, Chief Deputy Attorney General Gregory R. Neuhauser transferred the case into the state’s middle district federal court.
The federal courts do not have a mandatory retirement age for judges.
Neuhauser represents Gov. Tom Corbett and state Secretary of State Carol T. Aichele, who are named as defendants in the suit. The filing also named as defendants state Treasurer Rob McCord and state Court Administrator Zygmont A. Pines.
Solomon was forced to step down as president judge in the county last year after he reached the mandatory retirement age.
He opted to stay on with the county as a senior judge and will receive a $522 for each day he works, but will receive no benefits.
Full-time judges receive $169,541 annually, plus benefits.
First elected in 1987, Solomon was twice retained for the 10-year judicial term, in 1997 and 2007.
Hangley argued in the suit that voters elected Solomon to office, and he should be able to remain there.
There are 33 states and the District of Columbia that have mandatory retirement ages for judges.
The ages range from 70 to 90.
Vermont is the only state that allows its judges to become nonagenarians before forcing retirement.
Some states allow the judges who are forced to retire at a specific age to serve out the balance of their term before the provision takes effect.
Six other judges across the state are co-plaintiffs in a separate lawsuit making the same type of claims about mandatory retirement age.
That suit also has been transferred into the federal court system. Three of those judges have also filed a similar notice that they would not proceed with the suit in federal court.