A Commonwealth Court judge has rejected an appeal to revisit the issue of the wording in a question on November's ballot question where voters are being asked to approve whether to raise the retirement age of state judges to 75 years.
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President Judge Mary Hannah Leavitt dismissed the appeal from two former state Supreme Court justices — Ronald D. Castille and Stephen Zappala Sr. — along with Philadelphia lawyer Richard A. Sprague, who sued arguing the new wording did not fully inform voters that the existing age of retirement is 70 years.
Leavitt said previous court action on the claims filed by the petitioners bars them from litigating the case again on Commonwealth Court.
On Sept. 2, the state Supreme Court deadlocked in a 3-3 decision, which effectively left in place the state Legislature's new wording for the referendum.
The present suit was brought by the same petitioners, raised the same issues and asserted the exact same cause of action on whether the ballot was constitutionally defective, Leavitt wrote.
The fight originated over last-minute changes made by the Republican-controlled legislature earlier this year which resulted in delaying the ballot question until November instead of having it appear on primary ballot last May. The two former judges and Sprague contended that Republican senators made the change against the backdrop of an email scandal involving pornographic, racist, and offensive messages that had ensnared two other former members of the Supreme Court — and at a time when public confidence in the state's judiciary was shaken.
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