California Law (Last Updated: March 4, 2014) |
Government Code - GOV |
Title 8. THE ORGANIZATION AND GOVERNMENT OF COURTS |
Chapter 11. Judges’ Retirement Law |
ARTICLE 3. Disability Retirement |
Section 75062.
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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.