Civil Service Commission v. Superior Court

HANSON, J., Concurring and Dissenting.

The case at bench falls in the field of substantive and procedural civil law involving personal economic interests as distinguished from the field of criminal law where personal liberty may be at stake. Its posture before the superior court is on the review or appeal level as distinguished from the fact finding or trial level.

The underlying fundamental issue, framed by the briefs, is whether or not the superior court in an administrative mandamus proceeding, such as described in the majority opinion, has the authority or is otherwise *633empowered to order,…