State says judge’s suit over age should be thrown out

LITTLE ROCK — The Arkansas attorney general’s office contends that a Union County circuit judge has no grounds to sue over judicial retirement statutes and says his lawsuit should be thrown out.

Under a 50- year- old law, state judges who are elected to office at age 70 or older lose the state retirement benefits they accrued while on the bench. Judge Michael Landers, who just turned 69, sued the Arkansas Judicial Retirement System last month, claiming the law violates his constitutional rights, the Arkansas Democrat- Gazette reported.

Landers said he wants to run again for his position next year, and if he’s re- elected, he would have to forfeit his retirement benefits. He has been a circuit judge for more than 10 1/ 2 years.

The attorney general’s office, which represents the retirement system in the case, said the provision in question doesn’t affect Landers because he isn’t 70 and hasn’t won another term in office.

Assistant Attorney General Colin Jorgensen wrote in a Monday court filing that Landers would have to win that next term to sue.

“The allegations in Judge Landers’ complaint make it clear that his claim is contingent upon the happening of hypothetical future events, and there is no actual prejudice to his position today, but merely the speculative possibility of prejudice to his position in the future,” Jorgensen said.

Judges are required to pay in 5 percent to 6 percent of their salaries to the retirement program. The state contributes an amount equal to 12 percent of the annual judicial payroll to the program.

Jorgensen said that if Landers did win another term, the money he put into the retirement program would be refunded so he wouldn’t have lost whatever he put in. He disputes that the retirement restrictions prevent anyone from running for office.

No hearing has been scheduled, but Landers will get an opportunity to present a written response.