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GONDELMAN v. COM.

520 Pa. 451 (1989)

554 A.2d 896

Harold GONDELMAN, on his own behalf and on behalf of all others similarly situated, Leon Katz, Robert A. Wright, John F. Rauhauser, Jr., and James F. Clarke, Appellants/Petitioners at Nos. 49 and 97 Appellees at No. 98, v. COMMONWEALTH of Pennsylvania, Appellee/Respondent at Nos. 49 and 97 Appellant at No. 98.

Supreme Court of Pennsylvania.

Decided March 1, 1989.

Reargument Denied April 18, 1989.

Attorney(s) appearing for the Case

Daniel P. Mazo, Henry T. Reath, Philadelphia, for Gondelman, et al.

Harold Gondelman, Pittsburgh, in pro per.

Robert W. Munley, Scranton, for amicus curiae Pennsylvania Trial Lawyers Ass'n.

Gregory R. Neuhauser, John G. Knorr, III, Philadelphia, for Com.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION

NIX, Chief Justice.

Article V, section 16(b) of the Pennsylvania Constitution provides in part that "Justices, judges and justices of the peace shall be retired upon attaining the age of seventy years." Pa. Const. art. V, § 16(b).1 The instant appeals present us with a question which, at first glance, seems rhetorical: whether the foregoing provision in our state constitution is itself constitutional.

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