Raymond J. and Jacquelyn M. Byrne - Page 3




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                                     Background                                       
               The parties submitted this case fully stipulated pursuant to           
          Rule 122.  The stipulation of facts and the attached exhibits are           
          incorporated herein by this reference.  Petitioners resided in              
          Union, Washington, at the time of filing the petition.                      
               Judge Byrne was born on July 29, 1928.  On June 3, 1980, he            
          was elected to a 6-year term as municipal court judge for Sonoma            
          County, California, and he took office on January 5, 1981.  Judge           
          Byrne’s term as a municipal court judge did not expire until                
          December 31, 1986; however, his service as a judge effectively              
          ended on June 5, 1986, when he suffered a permanent disability              
          that arose out of, and in the course of, his employment.  The               
          permanent disability was a mental injury that was caused by an              
          exceptionally heavy workload and his inability to cope with the             
          ramifications of his judicial decisions.  As a result of job-               
          related stress, Judge Byrne sank into a major depression which              
          prevented him from performing his job.                                      
               On or about September 29, 1986, Judge Byrne filed an                   
          application for disability retirement under the Judges’                     
          Retirement Law.2  On December 10, 1986, his application was                 
          denied by the Commission on Judicial Performance (commission).              
          However, on or about November 30, 1989, the application was                 

               2The Judges’ Retirement System is administered by the Board            
          of Administration, California Public Employees’ Retirement System           
          (Cal. PERS).  To participate, judges must contribute 8 percent of           
          their salaries.                                                             




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