Geiler
Geiler v. Commission on Judicial Performance
Opinion
Lead Opinion
Kingsley, J.
Petitioner appeals from a judgment denying his petition for a writ of mandate. We affirm.
From December 30, 1966, until October 25, 1973, petitioner was a judge of the Municipal Court of the Los Angeles Judicial District. On the latter date, he was removed from office for “ ‘wilful misconduct in office’ ” and “ ‘conduct prejudicial to the administration of justice that brings the judicial office into disrepute.’” (Geiler v. Commission on Judicial Qualifications (1973) 10 Cal.3d 270, 276 [ 110 Cal.Rptr. 201 , 515 P.2d 1 ].) On June 24, 1980, he submitted to respondent commission an application for a disability retirement, purportedly under section 75060 of the Government Code. The application was summarily denied without a hearing. He then instituted the present petition for a writ of mandate, to secure an allowance of the retirement pension. After a hearing, the petition was denied. He has appealed. We affirm.
The record before us reflects two possible grounds for the denial: (1) laches; (2) ineligibility under the statute for the pension sought. The commission gave no reason for the denial; the trial court denied the petition on the second ground. Consequently, we do…