STATE EX REL. GRAVES v. BROWN

No. 69-217.

18 Ohio St. 2d 61 (1969)

THE STATE, EX REL. GRAVES, v. BROWN, SECY. OF STATE, ET AL.

Supreme Court of Ohio.

Decided April 30, 1969.


Attorney(s) appearing for the Case

Mr. Harvey O. Mierke, Jr., and Mr. Frederick J. Payne, for relator.

Mr. Paul W. Brown, attorney general, and Mr. Robert D. Zitko, Mr. John T. Corrigan, prosecuting attorney, Mr. A. M. Braun and Mr. John L. Dowling, for respondents.

Messrs. Saker, Yannon & Sferrella and Mr. Theodore R. Saker, for intervenor-respondent.


Per Curiam.

Section 6 (C) of Article IV of the Ohio Constitution, adopted by the voters on May 7, 1968, provides in part:

"No person shall be elected or appointed to any judicial office if on or before the day when he shall assume the office and enter upon the discharge of his duties he shall have attained the age of seventy years."

Section (E) of the schedule of the foregoing amendment states:

"(E) Any judge who is holding office on...

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