Section 75060 Of Article 3. Disability Retirement From California Government Code >> Title 8. >> Chapter 11. >> Article 3.
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.