California Government Code

§ 75062

GOV § 75062Title 8 · Ch. 11 · Art. 3

Statute text

A judge who applies for disability retirement and against whom there is pending a criminal charge of the commission of, or who has been convicted of, a felony under California or federal law (allegedly committed or committed while holding judicial office), prior to the approval of the application:

(a)Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.

(b)Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.

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Legislative history

Added by Stats. 1988, Ch. 993, Sec. 5.