Call v. Peterson

GIBSON, C. J. Petitioners, judges of the Municipal Court of the City of Los Angeles whose terms of office expire June 30, 1951, seek a writ of mandate to compel respondent city clerk to take the necessary steps for the election of judges to that court at the city election to be held in 1951 pursuant to the Municipal Court Act of 1925. (2 Deering’s Gen. Laws, Act 5238.) That act provides that the election laws of the city in which a municipal court is established shall be applicable to the judges of that court.

Under the Los Angeles city charter the primary election will be held on the first Tuesday in April, and the general municipal election on the last Tuesday in May, 1951. The charter requires nominating petitions to be filed at least 45 days before the primary election, and a city ordinance provides that, as a condition to the issuance of nominating petitions, a candidate shall file with the city clerk, on a form prepared and furnished by the clerk, a signed declaration of intention to become a candidate. Respondent has refused to prepare and furnish these forms, claiming that by virtue of the amendment of section 11 of article VI of the Constitution in November, 1950, and the enactment of the Municipal and Justice Court Act of 1949 (1 Deering’s Gen. Laws, Act 1880), petitioners are to be continued in office until their successors have been elected at the general state election to be held in 1952.

Section 11 of article VI as amended in 1950 establishes a new system of municipal and justice courts in this state. It provides, however, that each existing court shall continue to function as presently organized until the first selection and qualification of the judge or judges of the new court by which it is superseded, and that judges of municipal courts heretofore established pursuant to general law shall continue in office during the terms for which they were elected or appointed and until their successors are elected and qualify.

Supplementary legislation required to put the system into operation was enacted in 1949 and was validated and made effective by the 1950 amendment. (1 Deering’s Gen. Laws, Act 1880.) This legislation provides in some instances for the automatic succession of incumbent judges as the method for the first selection of judges of the new courts, and in those [601]instances the new system will begin to function on January 1, 1952. (Act 1880, §§ 2, 3.) Where automatic succession does not occur, the existing courts will continue to function until the judges of the new courts are elected at the general state election in 1952 and qualify for office. (Act 1880, § 2.) The primary is included in the general state election, and a judge may, of course, be elected at the primary. (See Cal. Const., art. II, §§2½, 2¾; art. VI, §6; Elec. Code, §§ 950, 951; Deering’s Gen. Laws, Act 1880, § 8.)