Van De Kamp, 020284 CAAGO, AGO 84-108

• Case Date: February 02, 1984
• Court: California

JOHN K. VAN DE KAMP Attorney General JACK R. WINKLER Deputy Attorney General AGO 84-108 No. 84-108 California Attorney General Opinion Office of the Attorney General State of California February 2, 1984          THE HONORABLE GEORGE DEUKMEJIAN, GOVERNOR OF CALIFORNIA, has requested the opinion of this office on the following questions:          1. Does article VI, section 17, of the California Constitution prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from becoming a Senator or Representative in the Congress of the United States before the expiration of such term?          2. Does article VI, section 17, of the California Constitution prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from filing a declaration of candidacy and seeking election to the office of Senator or Representative in the Congress of the United States before the expiration of such term?          CONCLUSIONS          1. Article VI, section 17, of the California Constitution does not prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from becoming a Senator or Representative in, the Congress of the United States before the expiration of such term.          2. Article VI, section 17, of the California Constitution does not prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from filing a declaration of candidacy and seeking election to the office of Senator or Representative in the Congress of the United States before the expiration of such term.          ANALYSIS          Article VI, section 17, of the California Constitution provides:

"A judge of a court of record may not practice law and during the term for which the judge 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 a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge. "A judicial officer may not receive fines or fees for personal use."

         We are asked whether a justice of a California appellate court may lawfully become a candidate for and accept office as a member of the Senate or House of Representatives in the Congress of the United States after resigning his or her judicial office but prior to the expiration of the justice's term on the court in view of this constitutional provision.          The provisions of article VI, section 17, were...