An 83-year-old Oklahoma Supreme Court judge has filed an age discrimination suit, claiming he was denied a promotion to chief justice because of his advanced age. According to the lawsuit, Justice Marian P. Opala "enjoys good health and has sound mental acuity and a commitment to the duties and responsibility of a Supreme Court."

Until last year, the chief justice position rotated every two years among justices who had served at least six years. Judge Opala would have been next in line. But a change to the ruling in November 2004 permitted current Chief Justice Joseph M. Watt to serve a second consecutive term.

As a result of the change, the suit claims, Opala was "deprived of the opportunity to earn additional income and to achieve the prestige of the position of chief justice." The chief justice for the Oklahoma Supreme Court earns an additional $3000US a year.