Lungren

The Constitution of California decrees that “A

judge of a court of record may not practice law and during the term for which the judge was selected is ineligible for public employment or public office other than judicial employment or judicial office, . . .” (Cal. Const., art. VI, § 17.) In this original proceeding on petition for writ of mandate we are called upon to determine whether this provision applies to a person who was appointed to fill a vacancy in the office of superior court judge, and who was thereafter elected to a full term as superior court judge, but resigned before the commencement of his elective term. Under these circumstances we conclude that the former judge has never entered upon a term and that the constitutional disqualification therefore does not apply in his case. Consequently, the petitioner, M. David Stirling, a former appointed judge, is eligible for the public office of chief deputy attorney general of California.

Facts

The facts are straightforward and undisputed. In 1988 William K. Morgan was elected to the office of judge of the Superior Court of Sacramento County for a six-year term to commence in January 1989 and expire in January…