Stewart

Is a former justice court judge not eligible for retirement benefits, nonetheless eligible for assignment to any court as a “retired” judge? Such a judge, we conclude, is not “retired” and thus not eligible. Plaintiff Coleman E. Stewart appeals from a judgment entered on the pleadings on his complaint for declaratory relief against defendants Rose Elizabeth Bird, as Chairperson of the Judicial Council *217 of the State of California, and the Judicial Council of the State of California; the trial court determined that he is not available for assignment to duty as a retired judge.

I

In his complaint for declaratory relief plaintiff alleges that he is a retired judge of the Lincoln Judicial District Court, having retired at the end of his term of office on December 31, 1976, and that he is a duly licensed attorney at law. In December 1976 plaintiff notified the director of the courts for the State of California and the acting secretary of the Judicial Council, that he would be available for assignment as a retired judge. Plaintiff was informed that there was a constitutional restriction against the assignment of justice court judges who are not participating in the Judges’…