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UNGER v. SUPERIOR COURT

Docket No. S.F. 24659.

37 Cal.3d 612 (1984)

692 P.2d 238

209 Cal. Rptr. 474

SAMUEL UNGER et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; REPUBLICAN PARTY OF CALIFORNIA et al., Real Parties in Interest.

Supreme Court of California.

December 27, 1984.

Attorney(s) appearing for the Case

COUNSEL

Lynn S. Carman and George Beavin for Petitioners.

No appearance for Respondent.

John A. Slezak for Real Parties in Interest.

Arlo Hale Smith as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

MOSK, J.

Under California law, a vacancy in the office of a justice of the Supreme Court is filled by appointment of the Governor. Thereafter, at a general election in which the appointee runs unopposed, the voter is asked whether the Governor's appointment should be confirmed. (Cal. Const., art. VI, § 16.) Section 6 of article II (hereinafter section 6) provides, "Judicial...

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