People v. Najera

[933]

Opinion

ASHBY, J.

By jury trial appellant was found guilty of first degree burglary. He appeals from the judgment (order granting probation) contending (1) that the trial judge had no jurisdiction and (2) that error was committed by the court and the prosecutor as to rulings and comments upon locating defense witnesses. Neither contention has merit.

This trial was heard by Municipal Court Judge Michael B. Rutberg, sitting by assignment by the Chief Justice of California and Chairperson of the Judicial Council. The assignment was pursuant to an order dated August 30, 1977, by the Chief Justice and Chairperson of the Judicial Council as follows: “The Honorable Judges of the Alhambra, Antelope, Beverly Hills, Burbank, Citrus, Compton, Culver, Downey, East Los Angeles, Glendale, Inglewood, Long Beach, Los Angeles, Los Cerritos, Malibu, Newhall, Pasadena, Pomona, Rio Hondo, Santa Anita, Santa Monica, South Bay, Southeast and Whittier Municipal Court Districts are hereby assigned as judges of the Superior Court of Los Angeles County from September 1, 1977 to December 31, 1977, and until they have completed and disposed of all causes and matters heard by them.”

Appellant contends the Chief Justice and Chairperson of the Judicial Council does not have authority to make a “blanket” assignment of all the judges of the municipal court, and may only assign individual judges by name. This contention lacks merit.

Article VI, section 6 of the California Constitution provides: “The Chief Justice shall seek to expedite judicial business and to equalize the work of judges. The Chief Justice may provide for the assignment of any judge to another court but only with the judge’s consent if the court is of lower jurisdiction.” In addition, article VI, section 15, provides: “A judge eligible for municipal court service may be assigned by the Chief Justice to serve on any court.”

The forerunner of article VI, section 6, was flexibly construed to effectuate its purposes to expedite judicial business and equalize the work of judges.

(People

v.

Ferguson,