Increasingly there is debate among the states as to what should be the mandatory retirement age of judges. Many states have statutory requirements but some have an age set by the state constitution. Pennsylvania is one such state and until the people amend their constitution it appears that 70 will remain as the mandatory retirement age.

The Pennsylvania Supreme Court has upheld a state constitutional amendment that requires judges in the state to retire at age 70. According to the Patriot News, “Even if it might not entirely reflect the realities of today’s society, the retirement mandate was properly added to the state constitution by the voters 45 years ago, the state Supreme Court concluded in a unanimous ruling.” The article explains, “The judges who challenged the retirement mandate, and who argued their case before the Supreme Court during a hearing in May, contended that the law represented age discrimination and violated their fundamental rights guaranteed under the state constitution. The retirement cutoff is based on a fallacy that after age 70, judges become less mentally and physically capable and more prone to debilities like dementia, the judges challenging the law claimed.”