Commissioner Runs Against Judge And Loses, Both The Election And Her Job.

A temporary court commissioner challenged a sitting judge in an election and lost. Shortly thereafter, the executive committee of the superior court adopted a policy which rendered the commissioner ineligible to serve as a commissioner. After she lost her job, she brought a civil rights action under 42 U.S.C. §1983 alleging the policy was enacted in retaliation for her challenge to the incumbent judge in violation of her free speech rights under the First Amendment and the California Constitution. The Ninth Circuit stated:  “While the timing and targeted effect of the Superior Court’s policy are certainly suspicious, we do not reach the merits of Schmidt’s federal or state law retaliation claims because the judges of the Superior Court’s Executive Committee enjoy legislative immunity for their decision to alter the minimum qualifications to serve as a temporary commissioner. We therefore affirm the district court’s grant of summary judgment to the Defendants.”  Schmidt v. Contra Costa County  (Ninth Cir.; September 10, 2012) (Case No. 11-15563) 693 F.3d 1122.