Amended in Senate April 1, 2013

Senate Constitutional Amendment No. 13

Introduced by Senator Anderson

February 22, 2013

Senate Constitutional Amendment No. 13—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending begin delete Section 11 end delete begin insert Sections 2, 11, and 12 end insert of Article VI thereof, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

SCA 13, as amended, Anderson. Courts: appellate jurisdiction.

The California Constitution establishes the jurisdiction of the courts, providing that the Supreme Court has appellate jurisdiction when judgment of death has been pronounced. The California Constitution provides that courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, and in other causes prescribed by statute. begin delete The California Constitution authorizes the Legislature to permit courts exercising appellate jurisdiction to take evidence and make findings of fact when jury trial is waived or not a matter of right. end delete

This measure would begin delete make technical, nonsubstantive changes to these provisions end delete begin insert , instead, establish appellate jurisdiction end insert begin insert in the courts of appeal in cases when judgment of death has been pronounced end insert .

begin insert

The California Constitution authorizes the Supreme Court to review the decision of a court of appeal in any cause. Concurrence of 4 judges present at the argument is necessary for a judgment.

end insert begin insert

This measure would require the Supreme Court to review the decision of a court of appeal in a capital case on an issue necessary to the judgment on which the court of appeal panel was not unanimous, and would authorize the Supreme Court to review other issues in that case. The measure would authorize the Supreme Court to decide the case upon the concurrence of 4 judges without oral argument if the Supreme Court is required to review the decision of a court of appeal on an issue necessary to the judgment on which the court of appeal panel was not unanimous and does not grant review of any additional issues.

end insert

Vote: ²⁄₃. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular
Session, commencing on the third day of December 2012,
two-thirds of the membership of each house concurring, hereby
proposes to the people of the State of California, that the
Constitution of the State be amended as follows:

begin delete

  

That Section 11 of Article VI thereof is amended to read:

SEC. 11.  

(a) The Supreme Court has appellate jurisdiction
when judgment of death has been pronounced. With that exception,
courts of appeal have appellate jurisdiction when superior courts
have original jurisdiction in causes of a type within the appellate
jurisdiction of the courts of appeal on June 30, 1995, and in other
causes prescribed by statute. When appellate jurisdiction in civil
causes is determined by the amount in controversy, the Legislature
may change the appellate jurisdiction of the courts of appeal by
changing the jurisdictional amount in controversy.

(b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.

(c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is either waived or not a matter of right.

end delete

begin insert

begin insert First-- end insert   

end insert

begin insert That Section 2 of Article VI thereof is amended to read: end insert

SEC. 2.  

The Supreme Court consists of the Chief Justice of
California and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of begin delete 4 end delete begin insert four end insert judges present at the
argument begin insert , except as provided in subdivision (d) of Section 12, end insert is
necessary for a judgment.

An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall select
an associate justice as acting Chief Justice.

begin insert

begin insert Second-- end insert   

end insert

begin insert That Section 11 of Article VI thereof is amended to
read: end insert

SEC. 11.  

(a)  begin delete The Supreme Court has appellate jurisdiction
when judgment of death has been pronounced. With that exception
courts end delete begin insert Courts end insert of appeal have appellate jurisdiction when superior
courts have original jurisdiction in causes of a type within the
appellate jurisdiction of the courts of appeal on June 30, 1995, begin insert in
cases when judgment of death has been pronounced, end insert and in other
causes prescribed by statute. When appellate jurisdiction in civil
causes is determined by the amount in controversy, the Legislature
may change the appellate jurisdiction of the courts of appeal by
changing the jurisdictional amount in controversy.

(b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.

(c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is waived or not a matter of right.

begin insert

(d) Capital cases appealed to the Supreme Court prior to the
effective date of the amendment vesting jurisdiction in the courts
of appeal shall remain in the jurisdiction of the Supreme Court
unless transferred pursuant to Section 12.

end insert

begin insert

begin insert Third-- end insert   

end insert

begin insert That Section 12 of Article VI thereof is amended to read: end insert

SEC. 12.  

(a) The Supreme Court may, before decision, transfer
to itself a cause in a court of appeal. It may, before decision,
transfer a cause from itself to a court of appeal or from one court
of appeal or division to another. The court to which a cause is
transferred has jurisdiction.

(b) The Supreme Court may review the decision of a court of
appeal in any cause. begin insert The Supreme Court shall review the decision
of a court of appeal in a capital case on an issue necessary to the
judgment on which the court of appeal panel was not unanimous
and may review other issues in that case. end insert

(c) The Judicial Council shall provide, by rules of court, for the
time and procedure for transfer and for review, including, among
other things, provisions for the time and procedure for transfer
with instructions, for review of all or part of a decision, and for
remand as improvidently granted.

begin delete

(d) This section shall not apply to an appeal involving a
judgment of death.

end delete begin insert

(d) If the Supreme Court is required to review the decision of
a court of appeal in a capital case pursuant to subdivision (b) and
does not grant review of any additional issues, the court may decide
the case upon the concurrence of four judges without oral
argument.

end insert