California Legislature—2013–14 Regular Session

Assembly Bill No. 1932

Introduced by Assembly Member Jones

February 19, 2014

An act to amend Section 77 of the Code of Civil Procedure, relating to appellate court decisions.

LEGISLATIVE COUNSEL’S DIGEST

AB 1932, as introduced, Jones. Appellate court decisions.

Existing law establishes in every county and city and county an appellate division of the superior court, consisting of 3 or 4 judges, that has jurisdiction on appeal in all cases in which an appeal may be taken to the superior court or the appellate division. The concurrence of 2 judges of the appellate division is necessary to render the decision in every case.

This bill would require a judgment of the appellate division in an appeal to contain a brief statement of the reasons for the judgment.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 77 of the Code of Civil Procedure is
amended to read:

77.  

(a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges.

The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division. Each judge assigned to the
appellate division of a superior court shall be a judge of that court,
a judge of the superior court of another county, or a judge retired
from the superior court or a court of higher jurisdiction in this
state.

The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.

(b) In each appellate division, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
division shall designate the three judges who shall participate.

(c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation. Whenever a
judge is designated to serve in the appellate division of the superior
court of a county other than the county in which that judge was
elected or appointed as a superior court judge, or if the judge is
retired, in a county other than the county in which the judge resides,
the judge shall receive expenses for travel, board, and lodging. If
the judge is out of the judge’s county overnight or longer, by reason
of the designation, that judge shall be paid a per diem allowance
in lieu of expenses for board and lodging in the same amounts as
are payable for those purposes to justices of the Supreme Court
under the rules of the California Victim Compensation and
Government Claims Board. In addition, a retired judge shall receive
for the time so served, amounts equal to that which the judge would
have received if the judge had been assigned to the superior court
of the county.

(d) The concurrence of two judges of the appellate division of
the superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that
may be done at chambers by the presiding judge of, the division.
begin insert A judgment of the appellate division in an appeal shall contain a
brief statement of the reasons for the judgment. A judgment stating
only “affirmed” or “reversed” is insufficient. end insert The presiding judge
shall convene the appellate division when necessary. The presiding
judge shall also supervise its business and transact any business
that may be done at chambers.

(e) The appellate division of the superior court has jurisdiction
on appeal in all cases in which an appeal may be taken to the
superior court or the appellate division of the superior court as
provided by law, except where the appeal is a retrial in the superior
court.

(f) The powers of each appellate division shall be the same as
are now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.

(g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice
and procedure and the disposition of the business of, the appellate
division.

(h) Notwithstanding subdivisions (b) and (d), appeals from
convictions of traffic infractions may be heard and decided by one
judge of the appellate division of the superior court.