Rittenband v. Cory

Opinion

KLINE, P. J.

This case presents a constitutional challenge to the use of age as a proxy for judicial competence.

Plaintiffs, who are California judges suing on behalf of themselves and all other judges similarly situated, 1 appeal from a judgment upholding the constitutionality of article 3.6 of the Judges’ Retirement Law (Gov. Code, §§ 75075-75079), 2 which encourages judges to retire at or before age 70 by providing reduced retirement benefits to judges choosing to retire after age 70 and to their surviving spouses.

Plaintiffs challenge the statute on equal protection grounds,…