California Government Code

§ 75562

GOV § 75562 Effective Sep 27, 1994Title 8 · Ch. 11.5 · Art. 4

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. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.