Is a judge who has never passed a law qualifying examination retroactive?

California, United States of America


The following excerpt is from Gordon v. Justice Court of Yuba City, Sutter County, 108 Cal.Rptr. 912, 33 Cal.App.3d 230 (Cal. App. 1973):

'The qualifying requirements of Government Code 71601 are not retroactive. Thus California now has a substantial number of non-lawyer Justices of the Peace a good many of whom (44 according to the petition--Paragraph 20) have never taken a qualifying examination. These Judges (who have not passed a qualifying examination) constitute a separate class which is not separately represented, there being no member of that class named as a party. Parker v. Bowron [1953] 40 C[al.]2d 344 [254 P.2d 6]. It is however included within the greater class of Judges who were never lawyers.' 6

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