Post by Logan on Jun 28, 2016 19:18:45 GMT -6
The state law that requires judges seeking a new term once they hit the age of 70 to forfeit their retirement benefits is not discriminatory or unconstitutional, according to the state's highest court.
On Thursday, the Arkansas Supreme Court affirmed a lower court ruling that upheld a decades-old law that strips judges of their vested retirement benefits if they elect to serve another term at age 70 or older.
In a 5-2 ruling, Justice Courtney Goodson wrote for the majority that Thursday's decision is consistent with rulings in other states as well as by the U.S. Supreme Court that rejected challenges to various retirement laws and caps.
"[State attorneys] assert, and we agree, that the laws advance the State's interest in protecting and maintaining the integrity of the judiciary," Goodson wrote. "As stated by the [U.S.] Supreme Court, 'it is an unfortunate fact of life that physical and mental capacity sometimes diminish with age.' ... Thus, it is not irrational for the State to promote retirement at an advanced age in order to attain the highest possible standards for the judiciary."
Read more: www.arkansasonline.com/news/2016/jun/24/law-inducing-judges-to-quit-at-70-uphel/?f=news-politics
On Thursday, the Arkansas Supreme Court affirmed a lower court ruling that upheld a decades-old law that strips judges of their vested retirement benefits if they elect to serve another term at age 70 or older.
In a 5-2 ruling, Justice Courtney Goodson wrote for the majority that Thursday's decision is consistent with rulings in other states as well as by the U.S. Supreme Court that rejected challenges to various retirement laws and caps.
"[State attorneys] assert, and we agree, that the laws advance the State's interest in protecting and maintaining the integrity of the judiciary," Goodson wrote. "As stated by the [U.S.] Supreme Court, 'it is an unfortunate fact of life that physical and mental capacity sometimes diminish with age.' ... Thus, it is not irrational for the State to promote retirement at an advanced age in order to attain the highest possible standards for the judiciary."
Read more: www.arkansasonline.com/news/2016/jun/24/law-inducing-judges-to-quit-at-70-uphel/?f=news-politics