Kirk

In 1971, plaintiff, who was a superior court judge in Imperial County since 1963, sought to retire at the age of 70 with optimum retirement benefits under Government Code section 75076. He claimed 20 years of service credit: eight on the bench, seven (plus) as City Attorney of Calexico, and the balance from over five years as assistant legal counsel for the Imperial Irrigation District. On July 20, 1971, he filed his election to retire conditioned upon his entitlement to 20 years of service credit under the Judges’ Retirement Law. 1 The State Controller conceded that plaintiff *556 was entitled to the time served as city attorney but ruled that as an assistant legal counsel for an irrigation district he was not a “public legal officer” under sections 75076 and 75030.5 of the Judges’ Retirement Law. and, consequently, not entitled to retirement service credit therefor. He sought a writ of mandate to require the Controller to credit the disputed time to his service record. The "trial court upheld the Controller’s ruling, made its findings of fact and conclusions of law and entered judgment against plaintiff. Plaintiff’s appeal therefrom involves the single issue of whether…