Brown

The Governor and the Controller petition for a writ of mandate to compel the respondent superior court to vacate its order to show cause and its temporary restraining order enjoining the petitioners from implementing 1981 legislation that created 18 new Court of Appeal judgeships. (Stats. 1981, ch. 959; Gov. Code, §§ 69100-69102, 69104-69106.) The primary issue is whether two members (a majority) of the Commission on Judicial Appointments (hereinafter the Commission) can lawfully confirm the appointment of a person to a Court of Appeal, in a newly created appellate district, in the absence of a presiding justice of that court. (See Cal. Const., art. VI, § 7.) In light of established rules for construction of provisions in the Constitution (see Mosk v. Superior Court (1979) 25 Cal.3d 474, 495 [ 159 Cal.Rptr. 494 , 601 P.2d 1030 ], and cases cited therein; see also Serrano v. Priest (1971) 5 Cal.3d 584, 596 [ 96 Cal.Rptr. 601 , 487 P.2d 1241 ]; Stanton v. Panish (1980) 28 Cal.3d 107, 115 [ 167 Cal.Rptr. 584 , 615 P.2d 1372 ]), we conclude that two members of the Commission can lawfully confirm such appointment if they agree. We therefore order the issuance of a peremptory…