WILLENS v. COMMISSION ON JUDICIAL QUALIFICATIONS

Docket No. Sac. 7979.

10 Cal.3d 451 (1973)

516 P.2d 1

110 Cal. Rptr. 713

MAXWELL M. WILLENS, Plaintiff and Respondent, v. COMMISSION ON JUDICIAL QUALIFICATIONS et al., Defendants and Appellants.

Supreme Court of California. In Bank.

December 3, 1973.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, N. Eugene Hill and William J. Power, Deputy Attorneys General, for Defendants and Appellants.

Buchalter, Nemer, Fields & Savitch, Benjamin E. King, Earl P. Willens and Arthur G. Spence for Plaintiff and Respondent.


OPINION

BURKE, J.

In this case we review applicable constitutional and statutory provisions to determine under what circumstances a judge, formally charged with a criminal offense, may apply for and receive disability retirement benefits. (1) We conclude that the filing of criminal charges against a judge does not suspend his right to receive a disability retirement, if the requisite disability is shown. We also conclude...

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