Government Code section 75562

A judge who applies for disability retirement and against whom there is pending a criminal charge of the commission of, or who has been convicted of, a felony under California or federal law, allegedly committed or committed while holding judicial office, prior to the approval of the application:

(a)

Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.

(b)

Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.

(c)

Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.

Source: Section 75562, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=75562.­ (updated Sep. 27, 1994; accessed Jun. 30, 2025).

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Verified:
Jun. 30, 2025

§ 75562's source at ca​.gov