§ 75062 Judicial Disability Retirement Presumption

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. (Added by Stats. 1988, Ch. 993, Sec. 5.)