Can a judge be appointed to a superior court post after the election of a new superior court judge?

California, United States of America


The following excerpt is from Anderson v. Phillips, 119 Cal.Rptr. 879, 13 Cal.3d 733, 532 P.2d 1247 (Cal. 1975):

4 In Pollack v. Hamm, supra, 3 Cal.3d 264, 274, 90 Cal.Rptr. 181, 475 P.2d 213, we noted that had no one been elected to the superior court office there in dispute, a possibility which existed because the former appointed incumbent who was also one of two candidates for the office died before the election, the appointee who was then filling the vacancy would have continued in office until a new election was held and an elected judge assumed the office. There, too, the term of the elected incumbent was to have expired at the end of the year in which the election was held.

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