Is a judge's retirement entitlement to a judicial review of any determination made by the Judicial Commission?

California, United States of America


The following excerpt is from Davis v. Commission On Judicial Qualifications, 141 Cal.Rptr. 75, 73 Cal.App.3d 818 (Cal. App. 1977):

It is, however, appellant's contention that constitutional due process grants him the right to demand a hearing, and the right to a judicial review of any determination by the Commission. He claims that, on election or appointment to office, a judge becomes vested with the benefits provided by the Judge's Retirement Act (Dickey v. Retirement Board, 16 Cal.3d 745, 748, 129 Cal.Rptr. 289, 548 P.2d 689), and these benefits include the "reasonable expectation" that the judge will be [73 Cal.App.3d 824] certified by the Commission for service as a judge if he is no longer incapacitated. Accordingly, this "reasonable expectation" is a valuable property right entitled to the protection of due process of law as enumerated above. Although there is no decisional law that we can find directly in point under the facts of this case, there is abundant law dealing with the overall legal concept involved that rejects this argument.

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