A state law that penalizes Arkansas circuit judges who choose to hold office past age 70 violates the state constitution, a Union County circuit judge argues in a lawsuit filed Monday that seeks to overturn the 50-year-old statute.
Judge Michael Landers turned 69 last month and wants to run for re-election next year.
But under a "forfeiture provision" of the judicial retirement system, for Landers to seek another six-year term, he would have to give up both the benefits he's earned and the payments he's made into the system during his 10 1/2 years on the 13th Judicial Circuit bench, his attorney, Gerry Schulze, said.
Circuit judges are vested in their retirement in eight years and are eligible for full retirement benefits after 25 years of service, with the potential to receive up to 80 percent of their salaries.
The provision was adopted in 1965, and judges have complained about the restriction for years.
They have repeatedly and unsuccessfully lobbied the General Assembly to remove it. A legislative panel endorsed modifying the provision to give judges about two more years of service before being affected by the penalty, but the resulting proposal did not pass.
Landers' suit against the Arkansas Judicial Retirement System is the first legal challenge to the system, which is codified under Arkansas Code 24-8-201.
Whatever reason the provision was adopted, a 70-year retirement benchmark has long been unnecessary, the attorney said.
"I'm a little surprised no one has challenged it before," Schultze said. "Seventy today is not what it was 20 years ago."
A victory for Landers has the potential to affect judicial races statewide.
Three of the state's seven Supreme Court justices must consider the retirement penalty if they seek another term.
Chief Justice Jim Hannah, elected in 2004, turned 70 in December, and Justice Paul Danielson, elected in 2006, turned 70 in June. Elected in 2012, Justice Jo Hart is 71, meaning the penalty would affect her if she wins a second term.
Landers and Schultze argue that the retirement system is illegal because it adds a requirement to run for a judgeship that is not found in Amendment 80 of the Arkansas Constitution.
"The Legislature is basically making an end run around the constitution by creating a huge financial disadvantage in running for judge," Schultze said. "It's time for the constitution to be enforced."
The General Assembly cannot add nor take away from those qualifications, Schultze said.
But the forfeiture provision effectively deprives Landers of his right to run for election, even though he meets all of the age, experience and residency qualifications under the constitution, the suit says.
By forcing Landers to give up his pension in order to exercise his constitutional right to run for judge again, the law effectively modifies the constitutional qualifications, according to the lawsuit.
The benefits restriction is also illegal because there's no good reason for a penalty that allows a judge to continue to serve past the age of 70 but only if willing to forfeit pension rights, according to the suit.
Depending on how it's interpreted, the law could be read to allow a judge to be elected for the first time at age 70 or older without having to give up the pension, according to the suit.
The suit, filed in Pulaski County Circuit Court, was assigned to Judge Chris Piazza, who turns 70 in two years.
A Section on 07/07/2015