People ex rel. Westbrook v. Rosborough

Citations

• 14 Cal. 180

Syllabus

<p>The period of the tenure of a County Judge is fixed by the Constitution, at four years. The Legislature may fix the commencement of the term, as, also, the time of election.</p> <p>Where an Act organizing a county, provides for the election of a County Judge, and limits the period of tenure to two years, the Act is void, pro tanto, but the election held under the Act is good, and entitles the incumbent to the office for four years.</p> <p>If the incumbent resigns before the expiration of his term, there is a vacancy to be filled by the Governor. His appointee would hold until the next general election, or at most, until the qualification of the person elected by the people.</p> <p>An election to fill such vacancy is a special election, and the Governor’s proclamation is essential to its validity.</p> <p>Where an appointee of the Governor, to fill a vacancy in a judicial office, holds the office for several years, because of no valid election by the people of his successor, his acts are as binding and effectual as to third persons as though he held the office by strict law.</p>