Lawsuit challenges state's ban on judges over 70

LANSING (AP) — A Michigan Court of Appeals judge is challenging the state constitution’s ban on judges over age 70 seeking re-election.

The Lansing State Journal reports Judge Peter O’Connell will be ineligible to seek re-election when his term expires in January 2019. Because of that, the 67-year-old filed paperwork to have his name appear as an incumbent on this year’s ballot, seeking re-election in 2016 instead of in 2018.

The secretary of state’s office, however, says another judge up for re-election is considered the incumbent. It’s not commenting on the pending litigation.

O’Connell sued last Friday in the Court of Claims. He says the case is about age discrimination.

In the 2014 election, the state Supreme Court says 24 Michigan judges were unable to seek re-election due to the age restriction.