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Northampton County Judge Leonard Zito joins lawsuit protesting mandatory retirement age

Published On: Nov 15 2012 09:32:51 AM EST

A Northampton County judge is one of six to file a lawsuit protesting the state's mandatory retirement age of 70.

Judge Leonard N.  Zito of Northampton County joins judges from Philadelphia and Westmoreland counties John Driscoll, John W. Herron, Benjamin Lerner, Sandra Mazer Moss and Joseph D. O'Keefe in the suit.

The judges filed the legal challenge Wednesday in Commonwealth Court in Harrisburg.


They argue the retirement age in the state constitution violates their rights to equal protection and due process of law.

The defendants are Gov. Tom Corbett, his secretary of state Carol Aichele, state Treasurer Rob McCord and Zygmont Pines, the state court administrator. Their offices all said they had not seen the lawsuit or declined comment.

The lawsuit says the six judges are all veteran jurists in good physical and mental health and can perform their job duties.