Campbell v. Hite

McCOMB, J. Petitioners ask this court for a writ of mandate to require Benjamin S. Hite, as Registrar of Voters of the County of Los Angeles (hereinafter referred to as “respondent”), to accept their declarations of intention to become candidates for election at the forthcoming primary and general elections of 1962 to the offices of judge of the Municipal Court for the Los Angeles Judicial District in Los Angeles County, California, which said offices are presently occupied by petitioners and designated as follows:

Office No. 13 Alan G. Campbell

Office No. 14 Joseph G. Gorman

Office No. 15 Maurice T. Leader

Office No. 16 Mario L. Clineo

Office No. 17 Harry V. Peetris

Facts

(1) Lucius P. Green was elected to the office of judge of the Municipal Court for the Los Angeles Judicial District in 1956 for a term beginning the first Monday in January 1957 and ending the first Monday in January 1963. Judge Green retired March 15, 1961. Laurence J. Rittenband was [486]appointed by the Governor for the unexpired term of his elected predecessor and took office on April 21, 1961. Judge Rittenband relinquished the office March 1, 1962, by reason of an appointment to the superior court. Petitioner Alan G. Campbell was appointed by the Governor for the unexpired term of his elected predecessor and took office on March 1, 1962.

(2) James H. Pope was elected to the office of judge of the Municipal Court for the Los Angeles Judicial District in 1956 for a term beginning the first Monday in January 1957 and ending the first Monday in January 1963. Judge Pope retired December 31, 1960. Frank J. Mackin was appointed by the Governor for the unexpired term of his elected predecessor and took office on January 4, 1961. Judge Mackin relinquished the office October 24, 1961, by reason of an appointment to the superior court. Petitioner Joseph G. Gorman was appointed by the Governor for the unexpired term of his elected predecessor and took office on November 29, 1961.

(3) Evelle J. Younger was elected to the office of judge of the Municipal Court for the Los Angeles Judicial District in 1956 for a term beginning the first Monday in January 1957 and ending the first Monday in January 1963. Judge Younger relinquished the office January 5, 1959, pursuant to his election to the superior court in 1958. William H. Rosenthal was appointed by the Governor for the unexpired term of his elected predecessor and took office January 24, 1959. Judge Rosenthal relinquished the office November 16, 1961, by reason of an appointment to the superior court. Petitioner Maurice T. Leader was appointed by the Governor for the unexpired term of his elected predecessor and took office December 27, 1961.