Rosasco v. Commission on Judicial Performance (2000)

RICHARD J. ROSASCO, Plaintiff and Appellant, v. COMMISSION ON JUDICIAL PERFORMANCE, Defendant and Respondent.

[Modification of Opinion (82 Cal.App.4th 315).]

THE COURT.-

It is ordered that the opinion filed herein on July 18, 2000, be modified as follows:

Footnote 6 commencing at the bottom of page 13 [82 Cal. App. 4th 325, advance report] with "At oral argument" and ending at the bottom of page 16 with "jurisdiction of the Commission" is modified to read as follows:

6At oral argument, counsel for Rosasco argued that unless Proposition 190 is applied to former judges who, like Judge Hardin, happened to have retired prior to the effective date of the constitutional amendment on March 1, 1995, the intent of the law to protect the public from unfit judges would be thwarted whenever such a retired judge might be appointed to serve in the assigned judges program as a temporary judge or referee. Any concern in this regard should be alleviated by the fact that the Code of Judicial Ethics specifically applies to retired judges serving in these special assigned capacities. (Cal. Code Jud. Ethics, canon 6.)

There is no change in the judgment.