Gilbert v. John Chiang, as State Controller, etc.

Article VI, section 17 of the California Constitution (Section 17) states, in pertinent part: “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 . . . .”

Arthur Gilbert is the Presiding Justice of the Second Appellate District, Division Six. He filed this action to obtain a determination that Section 17 would not render him ineligible for other public office or public employment if he resigned from his judicial office before the completion of his current 12-year term. He argued a judge’s term in office necessarily ends when that judge resigns or retires. Therefore, Section 17 would not prohibit him from pursuing other public office or public employment following his retirement, no matter when such retirement occurred. Gilbert filed his action against the State Controller (Controller), who is the enforcer of this provision. It is the Controller’s position no salary or benefits will be paid to a former judge or justice for a new public office or other public employment, before the expiration of the judge’s term. The…