Citations
- 35 Cal. App. 3d 994
Full opinion text
Opinion
HANSON, J.
Background
The petitioner-appellant John M. Alex is a judge of the Municipal Court for the Citrus Judicial District of Los Angeles County. His salary is paid by respondent County of Los Angeles. On or about March 20, 1970, appellant declared his intention and filed his candidacy for the office of United States Congressman, 24th Congressional District of California.
The judge was required by the County of Los Angeles, pursuant to article VI, section 17 of the California Constitution, to take a leave of absence without pay at the time of his declaration of candidacy. The judge requested permission from the Judicial Council to sit pro tempofe during his period of candidacy. The request was denied. He (the judge) was not elected to Congress and returned to his judicial duties on June 3, 1970. He thereafter demanded from the County of Los Angeles back payment of his salary for the period March 20, 1970, to June 3, 1970. This demand was refused.
Pleadings
Petitioner-appellant John M. Alex (hereinafter Judge Alex) filed a complaint on December 1, 1971, for declaratory relief and a petition for writ of mandate in the Superior Court of Los Angeles County alleging facts as hereinbefore described and seeking back payment of salary in the total sum of $6,012.38 for the period March 20, 1970, to June 3, 1970, in which he took a leave of absence for the purpose of running for Congress. The named defendants were the County of Los Angeles and its board of supervisors.
The defendants (respondents herein) demurred on the ground that plaintiff did not- state facts sufficient to constitute a cause of action for declaratory relief or writ of mandate.
On April 28, 1972, the superior court sustained the demurrer to the complaint without leave to amend and denied the motion for peremptory writ of mandate.
Plaintiff appeals.
Contentions
Plaintiff-appellant contends that article VI, section 17 of the California Constitution (1) is discriminatory and a denial of the “equal protection” clause of the Fourteenth Amendment of the federal Constitution; (2) is unconstitutionally vague, uncertain and overly broad; and (3) is an unconstitutional attempt by the State of California to prescribe additional or different eligibility requirements to the constitutional office of United States Congressman.
This is a case of first impression.
The Provision at Issue
Article VI, section 17 of the Constitution of the State of California (hereinafter section 17), added as an amendment by the electors of the State of California at the general election on November 8, 1966, provides in toto as follows:
“A judge of a court of record may not practice law and during the term for which he was selected is ineligible for public employment or public office other than judicial employment or judicial office. A judge of the superior or municipal court may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing