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SCHWARTZ v. JUDICIAL RETIREMENT SYSTEM OF N.J.

Civ. No. 83-3735.

584 F.Supp. 711 (1984)

Louis SCHWARTZ, Individually, and for Persons similarly situated, Plaintiffs, v. JUDICIAL RETIREMENT SYSTEM OF NEW JERSEY; Division of Pensions of the Department of the Treasury; State House Commission; Supreme Court of the State of New Jersey; individually, Honorable Chief Justice Robert N. Wilentz; Honorable Justice Robert L. Clifford; Honorable Justice Sidney M. Schreiber, Honorable Justice Stewart G. Pollock; Honorable Justice Daniel J. O'Hern; Honorable Justice Marie L. Garibaldi, Defendants.

United States District Court, D. New Jersey.

April 12, 1984.

Attorney(s) appearing for the Case

Louis Schwartz, Fiorello, Moraff & Foster, P.A., Totowa, N.J., for plaintiffs.

Irwin I. Kimmelman, Atty. Gen. of N.J., Michael R. Clancy, Andrea M. Silkowitz, Deputy Attys. Gen., Trenton, N.J., for defendants.

OPINION

LACEY, District Judge.

INTRODUCTION

In this action plaintiff contests the constitutional validity of N.J.S.A. 43:6A-13(a) (West Supp.1983-84) and an administrative directive of the New Jersey Supreme Court. Both rules forbid retired state judges receiving pensions from engaging in certain forms of private law practice. Plaintiff claims that the rules are arbitrary and irrational, and hence in violation of the equal protection clause of...

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