Phelps

William H. Phelps, a justice court judge in Shasta County, seeks a writ of mandate to compel respondent Shasta County Clerk to stay all proceedings relating to a June 8, 1976, election for the office of judge in each of three Shasta County justice court districts created by county ordinance 445-10 to become effective January 3, 1977. We conclude that because each such district will, on January 3, be a new district within the meaning of Government Code section 71080, subdivision (a), the initial judges must be appointed by the board of supervisors. (See § 71180.3.) 1 We accordingly order that the writ issue.

*510 On January 5, 1976, the Shasta County Board of Supervisors adopted the ordinance reducing the number of justice court judicial districts in that county from eight to four. (See Cal. Const., art. VI, § 5; § 71040; In re Mize (1938) 11 Cal.2d 22, 24 [ 77 P.2d 472 ].) Only one of the former districts remained intact and no challenge is made to the succession to the judicial office of the justice court in that district. The territory which comprised the other seven districts was reapportioned to create the three districts for whose -judicial offices respondent--…