Government Code section 75062

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 75060 from each of at least two physicians or two psychiatrists.

Source: Section 75062, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=75062.­ (updated Jan. 1, 1988; accessed Jun. 25, 2025).

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Verified:
Jun. 25, 2025

§ 75062's source at ca​.gov