What is the effect of section 8 of the California Constitution on the appointment of a "short term" judge?

California, United States of America


The following excerpt is from Lungren v. Davis, 234 Cal.App.3d 806, 285 Cal.Rptr. 777 (Cal. App. 1991):

[234 Cal.App.3d 813] In 1926, the experiment with "short term" superior court judges came to an end. Section 8 was adopted to replace former section 6. This new section 8 provided: "The term of office of judges of the superior courts shall be six years from and after the first Monday of January after the first day of January next succeeding their election. A vacancy in such office shall be filled at the next succeeding general state election after the first day of April next succeeding the accrual of such vacancy by the election of a judge for a full term to commence on the first Monday of January after the first day of January next succeeding his election. The governor shall appoint a person to hold such vacant office until the commencement of such term." In the 1926 election the voters were told: "The election of judges of the superior court for a 'short term,' which is sometimes for only a few weeks between election day and the following January, is done away with, and whenever a vacancy occurs prior to April first of an election year a judge will be elected at the general election to hold office for the full term of six years. If a vacancy occur after April first of an election year the time is too short to circulate petitions and satisfactorily prepare for an election at the August primary, and in such case the governor will make an appointment to fill the vacancy until the next election year." (See French v. Jordan (1946) 28 Cal.2d 765, 769, 172 P.2d 46.)

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