Geiler v. Commission on Judicial Performance

Opinion

KINGSLEY, J. Petitioner appeals from a judgment denying his petition for a writ of mandate. We affirm.

From December 30, 1966, until October 25, 1973, petitioner was a judge of the Municipal Court of the Los Angeles Judicial District. On the latter date, he was removed from office for “ ‘wilful misconduct in office’ ” and “ ‘conduct prejudicial to the administration of justice that brings the judicial office into disrepute.’” (Geiler v. Commission on Judicial Qualifications (1973) 10 Cal.3d 270, 276 [110 Cal.Rptr. 201, 515 P.2d 1].) On June 24, 1980, he submitted to respondent commission an application for a disability retirement, purportedly under section 75060 of the Government Code. The application was summarily denied without a hearing. He then instituted the present petition for a writ of mandate, to secure an allowance of the retirement pension. After a hearing, the petition was denied. He has appealed. We affirm.

The record before us reflects two possible grounds for the denial: (1) laches; (2) ineligibility under the statute for the pension sought. The commission gave no reason for the denial; the trial court denied the petition on the second ground. Consequently, we do not here consider the laches ground although it would seem to have some merit, although arguably that ground, if relied on, might well have required a hearing. We decide the [367]case before us on the ground expressly relied on by the trial court—ineligibility for the pension sought.

Section 75060 of the Government Code reads as follows:

“(a) Any judge who is unable to discharge efficiently the duties of his office by reason of mental or physical disability that is or is likely to become permanent may, with his consent and with the approval of the Chief Justice or Acting Chief Justice and the Commission on Judicial Qualifications, be retired from office. The consent of the judge shall be made on a written application to the Commission on Judicial Qualifications. The retirement shall be effective upon approval by the designated officers, except as provided in subdivision (b) of this section. A certificate evidencing such approval shall be filed with the Secretary of State. Upon the filing of the certificate, a successor shall be appointed to fill the vacancy.

“(b) Any judge who dies after executing an application evidencing his consent that has been received in the office of the commission and before the approval of both of the designated officers has been obtained shall be deemed to have retired on the date of his death if the designated officers, prior to the filling of the vacancy created by such judge’s death, file with the Secretary of State their certificate of approval.