Willens

Plaintiff Maxwell M. Willens appeals from a judgment in favor of defendant state Controller (Cory) in an action seeking interest on pension funds which the state failed to pay plaintiff when due.

Facts

Plaintiff served as a judge of the municipal and superior court from 1962 through 1970. In June 1970, he was indicted by the grand jury of San Joaquin County on charges of criminal conspiracy and bribery. While proceedings were pending, he was automatically disqualified from acting as a judge. (10 Cal.3d at p. 453; Cal. Const., art. VI, § 18, subd. (a).)

On election day in 1970, when plaintiff was defeated at the general election by a write-in candidate, he applied to the Commission on Judicial Qualifications for a disability pension. (Gov. Code, § 75060, subd. (a).) In December 1970, the commission refused plaintiff’s request. (Id. at pp. 453-454.)

*106 In April 1971, plaintiff sought a writ of mandate in the superior court to compel the commission to approve his request for disability retirement. In June 1971, he was found guilty on four counts of bribery. His conviction was entered in December 1971 and became final. (Id. at p. 455, fn. 4.) That month, the superior…