Stewart v. Bird

Opinion

REYNOSO, J. Is a former justice court judge not eligible for retirement benefits, nonetheless eligible for assignment to any court as a “retired” judge? Such a judge, we conclude, is not “retired” and thus not eligible. Plaintiff Coleman E. Stewart appeals from a judgment entered on the pleadings on his complaint for declaratory relief against defendants Rose Elizabeth Bird, as Chairperson of the Judicial Council [217]of the State of California, and the Judicial Council of the State of California; the trial court determined that he is not available for assignment to duty as a retired judge.

I

In his complaint for declaratory relief plaintiff alleges that he is a retired judge of the Lincoln Judicial District Court, having retired at the end of his term of office on December 31, 1976, and that he is a duly licensed attorney at law. In December 1976 plaintiff notified the director of the courts for the State of California and the acting secretary of the Judicial Council, that he would be available for assignment as a retired judge. Plaintiff was informed that there was a constitutional restriction against the assignment of justice court judges who are not participating in the Judges’ Retirement Fund. Plaintiff sought a declaration that he is eligible for assignment to the courts of the State of California.

After defendants answered the complaint, plaintiff moved for judgment on the pleadings. A stipulation was entered into which provided: (1) Plaintiff is not a member of any retirement system or plan, membership in which is based upon his service as a judge of the Lincoln Judicial District, County of Placer; and (2) plaintiff is not now receiving, nor has he ever received, any retirement benefits or payments of any kind as a result of his service as judge of the Lincoln Judicial District.

The trial court denied the motion for judgment on the pleadings and granted judgment to defendants holding that plaintiff is not entitled to serve as a judge under assignment by the Chief Justice of the Supreme Court. Plaintiff appeals.

II

Plaintiff contends that he is eligible under the Constitution of the State of California and applicable statutes to be assigned to any court in the state. Plaintiff’s contention arises from his self-designation as a retired judge of a justice court. That self-designation is incorrect.