Rosasco

This appeal challenges the sustaining of a demurrer without leave to amend to a petition for writ of mandate seeking to compel the Commission on Judicial Performance (the Commission) to open an investigation under article VI, section 18 of the California Constitution into allegations against a former superior court judge who retired in January 1993. Appellant Richard J. Rosasco, petitioner below, contends the trial court erred in construing the relevant constitutional provision, adopted as Proposition 190 in an election by the voters of the State of California effective March 1, 1995, as not applying retroactively to authorize the Commission to investigate any judge who retired prior to that effective date. We conclude as a matter of law that the applicable constitutional provision does not apply to judges who retired before its effective date. We therefore affirm.

I. Factual and Procedural Background

The underlying dispute giving rise to this proceeding concerns allegations of malpractice, fraud and violation of fiduciary duty in the preparation of testamentary instruments for and representation of different members of appellant’s family between 1949 and 1967 by…