Monday, April 29, 2013

APJ Gilbert aka The Plaintiff

Today's Law360 has an article titled Justice Blasts Calif. Ban on Judges Taking Public Jobs -- which might lead you to think that it reports on something a justice said in court from the bench last Friday. But actually this is about 2/6's APJ Gilbert's speaking out in court -- as the plaintiff in his own lawsuit Gilbert v. Controller of the State of California (LASC BC487949). (The DJ also has an article about it today captioned Retired Judges Should be Able to Take other Government Jobs, Appellate Justice Testifies.) What's this all about? Well, Justice Gilbert says that he may want to retire before the end of his present term in 2019. But there is a state Constitutional provision (sometimes called the anti-moonlighting provision) that apparently prevents judges from taking a state job during their terms of office -- even if the judge has left that office!
Stay tuned....