Prosecutor John Molly, who is running to fill this vacant judicial seat, filed a legal motion with the court to remove Spitzer from the ballot after the Registrar of Voters allowed Spitzer's questionable candidacy. After Molloy's motion was filed, the Supreme Court took action and denied Spitzer's request to review his removal from the bench.

To his credit, Spitzer then requested that the Registrar of Voters strike his name from the ballot since he agreed that he was no longer qualified to serve as a judge in the State of California.

While the Registrar of Voters did remove Spitzer's name from the list of qualified candidates, neither the Registrar nor County Counsel would officially state that Spitzer was no longer a candidate for office.  This morning Molloy's motion was heard and County Counsel stated Spitzer was not qualified to run for the judicial seat and would not appear on the ballot.

With the County's position finally clear and the matter settled, the attorney for John Molloy requested that his motion be dismissed, which the Judge quickly did.

Thus ends the months long saga and the turbulent career of liberal jurist Robert Spitzer.