Edler

Petition for writ of prohibition.

The object of this proceeding is to establish the validity of section 170b of the Code of Civil Procedure, which went into effect August 14, 1931, as against the claim that it is in conflict with section la of article VI of the Constitution. This code section reads as follows: “No justice of the peace, police court judge, or judge of any other inferior court now existing or which may hereafter be provided by law shall sit or act as a judge in any municipal or superior court or court of higher jurisdiction on the trial or hearing of any cause or question.”

The issue before us arises out of the fact that petitioner has violated a traffic ordinance of the city of Los Angeles; has been arrested therefor and has been brought to trial in the municipal court of that city and respondent, as acting judge thereof, is about to impose judgment upon him. Petitioner objects to this proceeding because respondent is not a regular incumbent of the municipal bench in said city, but holds the office only of police judge of the city of Monterey Park in the county of Los Angeles. Respondent judge, however, has been regularly commissioned by an existing order of…