COUNTY OF NEVADA v. MacMILLEN (1974)

Supreme Court of California,In Bank.

COUNTY OF NEVADA et al., Petitioners, v. The SUPERIOR COURT OF NEVADA COUNTY, Respondent; Ronald W. MacMILLEN, as District Attorney etc., et al., Real Party in Interest.

Sac. 8003.

Decided: January 18, 1974

Leo J. Todd, County Counsel, and Brian A. Bishop, Deputy County Counsel, Grass Valley, for petitioners. No appearance for respondent. Evelle J. Younger, Atty. Gen., Iver E. Skjeie, Asst. Atty. Gen., Clayton P. Roche, Richard D. Martland and Floyd D. Shimomura, Deputy Attys. Gen., Ronald L. MacMillen, Dist. Atty., and John Darlington, Asst. Dist. Atty., for real parties in interest.

BY THE COURT.

In this mandate proceeding it appears that respondent Nevada County Superior Court refused to exercise its jurisdiction in the case of County of Nevada et al. v. MacMillen, No. 18893, challenging the validity of the Governmental Conflict of Interest Act (Stats.1973, ch. 1166; Gov.Code, ss 3600—3760) on the ground that ‘at least all non-retired Superior Court Judges are disqualified from hearing or proceeding in this cause.’ We conclude that such judges are not so disqualified. (See Goodspeed v. Great Western P. Co. (1937), 19 Cal.App.2d 435, 444, 65 P.2d 1342; 1 Witkin, Cal. Procedure (2d ed. 1970) Courts, s 65, p. 344.) It is therefore ordered that respondent court proceed to hear and determine case No. 18893 pending before it. In all other respects the petition is denied. The petition to intervene and answer is also denied.

This order is final forthwith.

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