Geiler

Geiler v. Commission on Judicial Performance

Good Law
151 Cal. App. 3d 365·198 Cal. Rptr. 531·1984 Cal. App. LEXIS 1555
Court of Appeal of CaliforniaJanuary 27, 1984Civ. No. 68311California861 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.