September 22, 2011
Theory Of Evolution
The Maryland Court of Appeals has held that circuit court judge who was appointed and then elected to office must retire at 70, even if the term of election extends beyond his seventieth birthday. The judge had sued in federal court, claiming an equal protection violation.
The court found that the provision at issue mandated retirement at the set age regardless of the results of election. According to the court, the convention that adopted the retirement provision "argued that the age limit ensured timely adoption of modernization in judicial administration, in trial techniques, or in evolution of the law itself because it required older sitting judges to step aside for younger men. " And women, too, I would add.
BNET had this coverage.
Disclosure: the judge was my first boss and mentor at the Federal Public Defender. A hell of a lawyer. (Mike Frisch)
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