Cherry

*1133 Opinion

The People appeal from a judgment dismissing an accusation of willful misconduct in office filed by the grand jury against defendants Joe J. Cherry, Ruth Call Evans and Robert James Elliott, all members of the Board of Trustees of the Orange Unified School District.

The accusation alleged misconduct occurring during defendants’ prior terms of office, 1981-1985. Each of the defendants was reelected or reappointed in lieu of an election in November 1985; the accusation was filed in June 1987 during their present four-year terms of office.

Defendants’ motion to dismiss was based on Thurston v. Clark (1895) 107 Cal. 285, 287-288 [ 40 P. 435 ], and its progeny, including People ex rel. Bagshaw v. Thompson (1942) 55 Cal.App.2d 147, 153-154 [ 130 P.2d 237 ] and People v. Hale (1965) 232 Cal.App.2d 112, 118 [ 42 Cal.Rptr. 533 ]. Under this line of cases it was settled that the statutes (former Pen. Code, § 758 et seq., and Gov. Code, § 3060) requiring a public officer’s removal for misconduct in office should be interpreted to allow removal only during the term of office in which the misconduct occurred. Thus, in People v. Hale the court stated, “A preliminary question,…