Davis

Lloyd S. Davis, appellant, sought a determination by the Commission on Judicial Qualifications (the Commission) that he was no longer incapacitated to serve as a judge. He was unsuccessful and this is an appeal from a judgment of the superior court denying a petition for a writ of mandate by which appellant sought a review of the actions of the Commission.

Appellant was appointed to the office of the judge of the Superior Court for the County of Los Angeles on November 14, 1967. In 1968, he was elected to a six-year term commencing January 6, 1969. On July 21, 1970, in accordance with the provisions of section 75060, infra, of the Government Code, appellant, upon his request, was granted a retirement for disability.

On January 24, 1972, appellant advised the Commission that in his opinion he had completely recovered from his disability and requested that the Commission exercise its discretion under section 75060.6, infra, to require him to undergo a medical examination for the purpose of determining whether he was still incapacitated physically or mentally for service as a judge.

The Commission, in summary fashion, reviewed appellant’s status and medical reports and…