Luke v. Superior Court

In Luke v. Superior Court (1988) 199 Cal. App. 3d 1360, a candidate, who was a Los Angeles Superior Court commissioner, designated her principal profession, vocation, or occupation as "Judge-Los Angeles County (Acting)." The Secretary of State accepted this ballot designation after previously rejecting two earlier choices, "Judge Pro Tem, Superior Court" and "Judge-Pro Tem, Superior Court." The Luke court concluded, "neither a court commissioner, nor any other individual who is not a 'judge,' as that term is defined in the Constitution and statutes of this state, may utilize a ballot designation containing the word 'judge' or a derivative thereof." (Id. at p. 1363.)