Superior Court of Alameda Cty. v. Civil Serv. Comm'n of Alameda

The question is whether the probation officer of Alameda County shall be appointed, pursuant to the county’s charter, by the judge of the juvenile court on nomination of the juvenile justice commission or by civil service procedure. The superior court, by petition signed by all of its judges, seeks a writ of mandate in its prohibitory form and writ of prohibition to prevent the civil service commission from applying its procedures in the matter of appointment of a probation officer. The former officer, Lorenzo S. Buckley, having retired on October 1, 1967, a new appointment must now be made. No objection is made to the procedural aspects of the petition; in fact, respondent commission equally with the judges wishes this court to decide the substantive issue.

Although much is said by the commission about the preeminence of home rule in respect of county charters, and although the commission states that a prime issue of the ease is whether local charters prevail over the general law as to appointment of a probation officer, this is really not an issue. On this subject, petitioners agree with respondents. There is no doubt that the charter could provide for the selection of the…