SECTIONS 75060-75064 - California Statutes

GOVERNMENT CODE

SECTION 75060-75064

75060. (a) Any judge who is unable to discharge efficiently the
duties of his or her office by reason of mental or physical
disability that is or is likely to become permanent may, with his or
her consent and with the approval of the Chief Justice or Acting
Chief Justice and the Commission on Judicial Performance, be retired
from office. The consent of the judge shall be made on a written
application to the Commission on Judicial Performance. The retirement
shall be effective upon approval by the designated officers, except
as provided in subdivision (b). A certificate evidencing the approval
shall be filed with the Secretary of State. Upon the filing of the
certificate, a successor shall be appointed to fill the vacancy.
(b) Any judge who dies after executing an application evidencing
his or her consent that has been received in the office of the
commission and before the approval of both of the designated officers
has been obtained shall be deemed to have retired on the date of his
or her death if the designated officers, prior to the filling of the
vacancy created by the judge's death, file with the Secretary of
State their certificate of approval.
(c) No retirement under this section may be approved unless a
written statement by a physician or psychiatrist that he or she has
personally examined the judge applying for retirement under this
section and that he or she is of the opinion that the judge is unable
to discharge efficiently the duties of the judge's office by reason
of a mental or physical disability that is or is likely to become
permanent is presented to the persons having the responsibility to
approve or disapprove the retirement.

75060.1. Notwithstanding any provision of law to the contrary,
every judge retired for disability before or after the effective date
of this section shall receive a retirement allowance in an amount
that he or she would have received had he or she retired after the
effective date of this section. This section does not give any
retired judge a claim against the state for any increase in
retirement allowance or other benefit for time prior to the effective
date of this section.

75060.5. Every judge retired under Section 75060, who on the
ninetieth day after the final adjournment of the 1957 Regular Session
of the Legislature is receiving a retirement allowance computed
pursuant to Section 75061, shall, notwithstanding the repeal of
Section 75061, continue to receive such allowance pursuant to the
terms of Section 75061 as if such section were not repealed and shall
not receive the retirement allowance provided for by Section
75060.6.

75060.6. The Commission on Judicial Performance, in its discretion,
but not more often than once every two years, may require any judge
who is receiving an allowance under this section and who is under the
age of 65 years to undergo medical examination. The examination
shall be made by one or more physicians or surgeons, appointed by the
Commission on Judicial Performance, at the place of residence of the
judge or other place mutually agreed upon. Upon the basis of the
examination the commission shall determine whether he or she is still
incapacitated, physically or mentally, for service as a judge. If
the commission determines, on the basis of the results of the medical
examination, that he or she is not so incapacitated, he or she shall
be a judicial officer of the state, but shall not exercise any of
the powers of a justice or judge except while under assignment to a
court by the Chairman of the Judicial Council. The allowance of the
judge shall cease if he or she refuses an assignment while he or she
is not so incapacitated. The provisions of Section 68543.5 are
applicable to such a judge. The provisions of this section and of
Section 75060 are applicable to all judges of courts of record in
this state.

75061. (a) Any person who becomes a judge during the period of
January 1, 1980, through December 31, 1988, shall not be eligible to
be retired for disability unless the judge is credited with at least
two years of judicial service or unless the disability is a result of
injury or disease arising out of and in the course of judicial
service.
(b) Any person who becomes a judge on or after January 1, 1989,
shall not be eligible to be retired for disability unless the judge
is credited with at least four years of judicial service or unless
the disability is a result of injury or disease arising out of and in
the course of judicial service.

75062. A judge who applies for disability retirement and against
whom there is pending a criminal charge of the commission of, or who
has been convicted of, a felony under California or federal law
(allegedly committed or committed while holding judicial office),
prior to the approval of the application:
(a) Shall be presumed not to be disabled and this presumption is a
presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the
commission, be subject to the standard of proof of clear and
convincing evidence sufficient to sustain a claim to a reasonable
certainty.
(c) Shall support the application with written statements
described in subdivision (c) of Section 75060 from each of at least
two physicians or two psychiatrists.

75063. A judge against whom there is pending a disciplinary
proceeding which could lead to his or her removal from office or who
has been removed from office for judicial misconduct, prior to the
approval of his or her application for disability retirement:
(a) Shall be presumed not to be disabled and this presumption is a
presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the
commission, be subject to the standard of proof of clear and
convincing evidence sufficient to sustain a claim to a reasonable
certainty.
(c) Shall support the application with written statements
described in subdivision (c) of Section 75060 from each of at least
two physicians or two psychiatrists.

75064. A member who is defeated at an election and who either had
submitted, prior to the date of the election, an application for
disability retirement or submits, on or after the date of the
election, an application for disability retirement:
(a) Shall be presumed not to be disabled and this presumption is a
presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the
commission, be subject to the standard of proof of clear and
convincing evidence sufficient to sustain a claim to a reasonable
certainty.
(c) Shall support the application with written statements
described in subdivision (c) of Section 75060 from each of at least
two physicians or two psychiatrists.