People ex rel. Chapman v. Rapsey

In People ex rel. Chapman v. Rapsey (1940) 16 Cal.2d 636, the court found the offices of city judge and city attorney incompatible, and held that when the respondent accepted the office of city attorney, his acceptance "had the effect of vacating or terminating his right to hold the office of city judge." (Id. at p. 644.) The rule is " 'that where an individual is an incumbent of a public office and, during such incumbency, is appointed or elected to another public office and enters upon the duties of the latter, the first office becomes at once vacant if the two are incompatible ... .' " (Ibid.)