TribLIVE

| State


 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

Age discrimination lawsuits filed by judges moved to federal court

Daily Photo Galleries

Friday, Dec. 28, 2012, 12:01 a.m.
 

Two civil lawsuits in which eight county judges are contesting a mandate that forces them to retire at age 70 have been moved to federal court.

Westmoreland County Judge John Driscoll is one of six plaintiffs in one of the suits, while Fayette County President Judge Gerald R. Solomon is one of two plaintiffs in the other. The two lawsuits, filed in Commonwealth Court in November, name Gov. Tom Corbett as one of four defendants.

Driscoll and Solomon must retire at the end of the year because of a state mandate that forces judges into retirement when they reach age 70. They and the other judges contend the mandatory retirement provision, which went into effect in 1969, is age discrimination that violates their constitutional rights.

On Wednesday, Corbett and one of the other defendants, state secretary Carol T. Aichele, filed notice removing the two lawsuits from Commonwealth Court to U.S. District Court for the Middle of Pennsylvania.

In a removal petition, Attorney General Linda L. Kelly said the cases should be in federal court because they assert 14th Amendment claims of equal protection and due process.

The other two defendants in the lawsuit are Treasurer Robert McCord and court administrator Zygmont A. Pines.

 

 
 


Show commenting policy

Most-Read Pennsylvania

  1. Pennsylvania working to correct upgrade to welfare benefit applications
  2. Observers mixed on grid backup amid carbon rules, natural gas uncertainty
  3. Corbett, Wolf rush to counter flurry of attack ads
  4. 2 charged with murder in fatal Philly carjacking
  5. Home sellers are able to remain mum about violent crimes committed there
  6. Construction of $500M power plant in South Huntingdon stalled
  7. Upper St. Clair family’s efforts pay off as governor signs Down syndrome education bill
  8. Pennsylvania liquor licenses are considered ‘better than gold’
  9. Armed doctor’s actions in Philly shooting reinvigorates debate on gun-carry
Subscribe today! Click here for our subscription offers.