Driscoll v. Corbett

69 A.3d 197, 620 Pa. 494
Supreme Court of Pennsylvania·Decided June 17, 2013·Published·Cited by 25 cases

Opinions

OPINION

Justice SAYLOR.

Challenging an express constitutional command and attendant judicial precedent, Petitioners seek to nullify the mandatory retirement provision of the Pennsylvania Constitution applicable to judicial officers.

I.

By way of background, in 1967-68, a limited constitutional convention was convened with the approval of Pennsylvania voters. Its purpose was to consider certain proposed changes to the state charter, including changes to Article V, which pertains to the judiciary. The proposed revisions that emerged from the various committees and subcommittees were subject to public hearings and provided to the full convention for debate and amendment. They were adopted by the convention in March 1968, and ratified by the electorate of Pennsylvania on April 23,1968.

Article V of the Pennsylvania Constitution was completely rewritten and, as such, effectively replaced Article V of the Constitution of 1874. One feature of the new Article V was a mandate that Pennsylvania jurists retire at a specific age. In particular, Section 16(b), as adopted in 1968, stated: “Justices, judges and justices of the peace shall be retired upon attaining the age of seventy years.” Pa. Const, art. V, § 16(b) (1968). This language was amended in 2001 to specify that retirement must occur on December 31st of the year the jurist turns 70. See Pa. Const, art. V, § 16(b) (2001). After retirement, former jurists may, if they choose — and subject to necessity and approval, see Pa.R.J.A. 701 — be assigned to serve as senior judges, see Pa. Const, art. V, § 16(c); 42 Pa.C.S. § 4121, for which they are compensated on a per diem basis. See 204 Pa.Code § 211.2(h).

Approximately twenty years after the 1967-68 constitutional convention, several judges challenged the validity of Section 16(b)’s age-based retirement mandate on federal and state constitutional grounds. The challenges, which were resolved in Gondelman v. Commonwealth, 520 Pa. 451, 554 A.2d 896 (1989), were unsuccessful on both grounds. Two years later, the United States Supreme Court rejected a similar challenge to a mandatory retirement provision of the Missouri Constitution, pursued under federal constitutional principles. See Gregory v. Ashcroft, 501 U.S. 452, 111 S.Ct. 2395, 115 L.Ed.2d 410 (1991).

This year, several groups of Pennsylvania jurists have sought to renew the attack on Article V, Section 16(b) via multiple legal actions commenced in both federal and state courts. In the two proceedings which are the subject of this opinion, the judges lodged complaints in the Commonwealth Court, relating that they were elected, and then retained, to ten-year judicial terms, and that the named Commonwealth officials’ enforcement of Section 16(b) would require them to retire against their will prior to the expiration of those terms.1

[201] Petitioners raised a single cause of action under the state charter, contending that: Article I protects the fundamental rights of all Pennsylvania citizens; to the extent any other part of the Pennsylvania Constitution is inconsistent with Article I, such provision is invalid; and the Commonwealth would transgress Petitioners’ rights guaranteed by Article I by forcing them to retire in compliance with Article V, Section 16(b). Although their contentions are in direct conflict with Gondel-man, Petitioners alleged that Gondelman “should no longer obtain” in view of: societal and demographic changes that have taken place in recent years, such as an increase in longevity and a decline in cognitive impairment among older individuals, see Driscoll Complaint at ¶¶ 58-62; Tilson Complaint • at ¶¶ 56-62; and budgetary concerns that could be ameliorated by allowing judges to delay retirement, thereby decreasing payouts from the state’s pension system, see Driscoll Complaint at ¶ 63; Tilson Complaint at ¶ 63. Accordingly, Petitioners sought relief in the form of a declaration that Section 16(b)’s retirement mandate is null and unenforceable, as well as a permanent injunction restraining the named Commonwealth officials from enforcing it.

Soon after they initiated the legal proceedings in the Commonwealth Court, Petitioners submitted applications for extraordinary relief to this Court, asking us to assume plenary jurisdiction over the matters. See 42 Pa.C.S. § 726. We granted these applications, assumed jurisdiction, and directed the parties to brief the legal issue of whether Article V, Section 16 of the Pennsylvania Constitution violates Petitioners’ rights under Article I of the Pennsylvania Constitution.2 The parties have now briefed the issue and presented oral argument.3

In their arguments, Petitioners first address the threshold issue of whether a constitutional amendment that was duly enacted by the people of Pennsylvania can be held invalid as contrary to the Pennsylvania Constitution’s Declaration of Rights — that is, Article I of the state charter. Referencing early cases, learned treatises, and the Declaration of Independence (as well as state-level declarations from the late 18th Century), they develop that certain rights are inherent to mankind and pre-existed the organic document. Petitioners state, therefore, that Article I does not bestow these inherent rights on Pennsylvania citizens, but rather, acknowledges their existence and paramountcy and provides for their continued protection, even against a vote of the majority. Petitioners note, in this respect, that Section 1 of the Declaration of Rights is entitled “Inherent rights of mankind,” and provides:

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are [202] those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Pa. Const, art. I, § 1, quoted in Brief for Petitioners at 18. They additionally observe that Section 25 of the Declaration, titled “Reservation of powers in people,” states:

To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.

Pa. Const, art. I, § 25, quoted in Brief for Petitioners at 18-19 (emphasis added by Petitioners). Since the rights listed in Article I are “forever ... inviolate,” the argument goes, a constitutional amendment that violates them is not constitutionally valid.

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Driscoll v. Corbett, 69 A.3d 197, 620 Pa. 494 (Pa. 2013).

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