California Court of Appeal

The trial court erred in ruling against plaintiff-judge, concluding that, his constitutionally declared ineligibility for other public office or public employment extends for his full 12-year calendar term, without regard to whether he resigns or retires from his judicial office before that 12-year period ends, where: 1) Section 17 of the California Constitution prohibits only "a judge of a court of record" from engaging in specified conduct and renders only such a judge "ineligible" for non-judicial public employment or public office "during the term for which the judge was selected"; and 2) because Section 17 applies only to sitting judges and not to persons who have resigned or retired from a judicial office, it does not prohibit such persons from holding other public office or engaging in other public employment, without regard to whether any time remains in the judicial "term" for which that person had been previously selected.

Appellate Information

• Decided 06/27/2014
• Published 06/27/2014

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel