Judicial
Section § 1
This law states that California's judicial system is made up of the Supreme Court, courts of appeal, and superior courts. These courts are recognized as official courts of record, meaning they keep permanent records of their proceedings.
Section § 2
The California Supreme Court is made up of the Chief Justice and six associate justices. The Chief Justice can call the court into session whenever needed. For a decision to be made, at least four judges must agree.
If the Chief Justice is unavailable, an acting Chief Justice will take over the duties. The acting Chief Justice is chosen by either the Chief Justice or, if they don't, by the court from among the associate justices.
Section § 3
This law mandates that California is divided into districts, each with a court of appeal composed of one or more divisions. Each division has a presiding justice and at least two associate justices operating as a three-judge court. To issue a judgment, at least two judges must agree. If the presiding justice is unable to perform their duties, an acting presiding justice will step in. This person is chosen either by the presiding justice or, if not, by the Chief Justice.
Section § 4
Each county in California has a superior court with one or more judges, and the state legislature decides how many judges are needed and arranges for court staff. If counties agree, a judge can work in more than one superior court. Each superior court also has an appellate division, which handles appeals. The Chief Justice assigns judges to this appellate division for certain periods, following rules set by the Judicial Council, ensuring the division remains independent.
Section § 6
This law outlines the structure and functions of the Judicial Council in California. It consists of judges from various courts, court administrators, State Bar members, and legislators. Each member serves a three-year term, and vacancies are filled as needed. The Council can appoint an Administrative Director and makes recommendations to improve the judicial system. It adopts rules for court procedures and administration, which cannot conflict with existing laws. The Chief Justice has the authority to streamline judicial processes and assign judges to different courts with their consent. Judges must report to the Council on their court activities and cooperate with the Chief Justice's directives.
Section § 7
The Commission on Judicial Appointments in California includes the Chief Justice, the Attorney General, and the presiding justice from the court of appeal in the area affected. If there are multiple presiding justices, the one with the longest service presides. For Supreme Court nominations, the longest-serving presiding justice from any court of appeal participates.
Section § 8
The Commission on Judicial Performance in California is composed of judges, lawyers, and citizens. Judges are appointed by the Supreme Court, lawyers by the Governor, and citizens by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly. Members serve four-year terms with limits on reappointments. However, some initial members in 1995 were appointed to shorter terms to stagger appointments over time. If a member leaves their qualifying position, their membership ends, and a new appointee serves the remaining term. Members can continue to serve after their term expires until a replacement is appointed.
Section § 9
The State Bar of California is a public organization, and anyone licensed to practice law in California must be a member. The only exception is judges of a court of record, who are not required to be members while serving as judges.
Section § 10
This section explains which courts in California have the authority, or jurisdiction, to hear certain types of cases first, known as original jurisdiction. The Supreme Court, courts of appeal, and superior courts can hear habeas corpus cases and special requests for relief like mandamus, certiorari, and prohibition. The appellate division of the superior court can also hear these special requests but only if they involve decisions made by the superior court itself. Superior courts can hear all other types of cases first. Additionally, judges can comment on evidence and the credibility of witnesses to help ensure a fair decision is made.
Section § 11
The Supreme Court automatically reviews cases where the death penalty is involved. Except for death penalty cases, the courts of appeal handle appeals from superior courts for cases they could review as of June 30, 1995, and other cases specified by law. For civil cases, the Legislature can change which cases the courts of appeal can hear based on the amount of money involved in the case.
The appellate division of the superior court handles appeals for other cases as defined by law, unless specified otherwise in the first rule. Additionally, the Legislature can allow appellate courts to gather evidence and make factual findings if there's no jury trial, or if the jury isn't required.
Section § 12
This law outlines the California Supreme Court's ability to transfer cases between itself and the courts of appeal. It can take a case from a court of appeal, send a case it has to a court of appeal, or move cases between different courts of appeal before a decision is made.
The Supreme Court can also review decisions made by a court of appeal in any case. The Judicial Council sets the detailed rules and timelines for how these transfers and reviews happen, including giving instructions on partial decisions and remanding cases.
However, cases involving death penalty judgments are not covered by this section.
Section § 13
This law says that a court should not overturn a decision or grant a new trial just because there was a mistake, like jury misdirection, evidence issues, or procedural errors, unless reviewing the whole case and evidence shows that the mistake had a significant negative impact on justice.
Section § 14
This section requires the California Legislature to ensure that certain opinions from the Supreme Court and courts of appeal are published quickly, as long as the Supreme Court sees fit. These opinions can be published by anyone. Also, all decisions from these courts that resolve cases must be written and include the reasoning behind them.
Section § 15
To become a judge in California, a person must have been either a member of the State Bar or a judge of a court of record in the state for at least 10 years before being chosen.
Section § 16
This law explains how judges are elected and appointed in California. Supreme Court judges are elected statewide, while Court of Appeal judges are elected within their districts every 12 years, with new districts having initial terms of 4, 8, and 12 years. Superior Court judges are elected within their counties for six-year terms, and vacancies are temporarily filled by the Governor until the next general election.
If a judge's term is ending, they can file for re-election, or the Governor will nominate someone. Only these candidates appear on the ballot, and they must receive a majority of votes to win. Governors fill court vacancies by appointing judges, but these appointments need confirmation from the Commission on Judicial Appointments.
Section § 17
This law specifies that judges cannot practice law or hold any public job or office outside their judicial roles during their term, but they may take a part-time teaching job if it doesn’t interfere with their judicial duties. If a trial court judge wants to run for another public office, they must take unpaid leave before declaring candidacy, and winning that office means they resign from being a judge.
Additionally, judges can't personally keep fines or fees, nor can they earn retirement service credit from teaching while they are serving as judges.
Section § 18
This section outlines when and how a judge in California can be removed, suspended, or disciplined. Judges are disqualified from performing duties if they are charged with a serious crime or under investigation for misconduct. If a judge is convicted of a felony or a crime involving moral turpitude, they are suspended without pay and may be removed if the conviction is final.
The Commission on Judicial Performance handles such investigations and can propose actions like retirement for disability, censure for misconduct, or admonishment for lesser violations. Judges can appeal these decisions, and the Supreme Court may review them. Also, the section declares immunity for commission staff and establishes procedures for transparency and rule-making.
Section § 18.1
This law outlines that the Commission on Judicial Performance oversees the discipline of lower-level judges using established standards, and their decisions can be reviewed by the Supreme Court.
If a subordinate judicial officer is deemed unfit after a hearing, they cannot continue in their role.
However, individual courts still have the responsibility to initially manage and discipline their own subordinate judicial staff.
Section § 18.5
This law section outlines the rules for sharing information about disciplinary actions taken against judges. If a Governor, President, or the Commission on Judicial Appointments in the U.S. is considering someone for a judicial appointment, they can request any relevant disciplinary records from the Commission on Judicial Performance in California. This includes private admonishments and advisory letters.
Importantly, any information shared under this rule must stay confidential, but the applicant being considered must also be informed of the details shared about them. The term "private admonishment" refers to a specific type of disciplinary action against a judge, authorized by a specific part of the California Constitution.
Section § 19
This law states that the state's legislature is responsible for setting the pay for judges in courts that keep an official record of proceedings. However, if a judge fails to decide on a case within 90 days of it being officially presented for decision, they will not receive their salary until they make a decision.
Section § 20
This law requires the Legislature to set up a system for judges to retire with a fair pension when they reach a certain age or if they become disabled.
Section § 21
This law allows a court to appoint a temporary judge to handle a case if both parties involved agree. The temporary judge must be a licensed attorney and has the authority to act until the case is fully resolved.
Section § 22
This law allows the state legislature to enable trial courts to appoint officers, like commissioners, to carry out certain tasks that support the judiciary.