Barber v. Blue

Petitioner seeks a writ of mandate compelling the County Clerk of Alameda County to omit the office of superior court judge now held by petitioner from the ballot in the election to be held in November 1966. We have concluded that the petition should be granted, for the Constitution precludes an election for this office until 1968.

An election for the office now occupied by petitioner was last held in 1964. At that time Judge Homer W. Buckley was elected to a six-year term which commenced in January 1965. Judge Buckley died on December 25, 1965, and in January 1966 Judge Rupert W. Crittenden…