Alex

Background

The petitioner-appellant John M. Alex is a judge of the Municipal Court for the Citrus Judicial District of Los Angeles County. His salary is paid by respondent County of Los Angeles. On or about March 20, 1970, appellant declared his intention and filed his candidacy for the office of United States Congressman, 24th Congressional District of California.

The judge was required by the County of Los Angeles, pursuant to article VI, section 17 of the California Constitution, to take a leave of absence without pay at the time of his declaration of candidacy. The judge requested permission from the Judicial Council to sit pro tempofe during his period of candidacy. The request was denied. He (the judge) was not elected to Congress and returned to his judicial duties on June 3, 1970. He thereafter demanded from the County of Los Angeles back payment of his salary for the period March 20, 1970, to June 3, 1970. This demand was refused.

Pleadings

Petitioner-appellant John M. Alex (hereinafter Judge Alex) filed a complaint on December 1, 1971, for declaratory relief and a petition for writ of mandate in the Superior Court of Los Angeles County alleging facts as…