BILL NUMBER: ACA 15 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wayne
JANUARY 7, 2002
Assembly Constitutional Amendment No. 15--A resolution to propose
to the people of the State of California an amendment to the
Constitution of the State, by amending Sections 1, 6, 8, 10, 15, and
16 of, and repealing Sections 5 and 23 of, Article VI thereof,
relating to court consolidation.
LEGISLATIVE COUNSEL'S DIGEST
ACA 15, as introduced, Wayne. Court consolidation.
The California Constitution provides for the division of each
county into municipal court districts, but also provides for the
abolition of municipal courts within a county, and for the
establishment of a unified superior court for that county, upon a
majority vote of superior court judges and a majority vote of
municipal court judges within the county. By July 2001, all 58
counties had merged the superior and municipal courts.
This measure would delete obsolete references to municipal courts
from the California Constitution and make conforming and related
changes.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2001-02 Regular Session
commencing on the fourth day of December 2000, 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:
First--That Section 1 of Article VI is amended to read:
SEC. 1. The judicial power of this State is vested in the
Supreme Court, courts of appeal, and superior courts,
and municipal courts, all of which are courts of
record.
Second--That Section 5 of Article VI is repealed.
SEC. 5. (a) Each county shall be divided into municipal court
districts as provided by statute, but a city may not be divided into
more than one district. Each municipal court shall have one or more
judges. Each municipal court district shall have no fewer than
40,000 residents; provided that each county shall have at least one
municipal court district. The number of residents shall be
determined as provided by statute.
(b) On the operative date of this subdivision, all existing
justice courts shall become municipal courts, and the number,
qualifications, and compensation of judges, officers, attaches, and
employees shall continue until changed by the Legislature. Each
judge of a part-time municipal court is deemed to have agreed to
serve full time and shall be available for assignment by the Chief
Justice for the balance of time necessary to comprise a full-time
workload.
(c) The Legislature shall provide for the organization and
prescribe the jurisdiction of municipal courts. It shall prescribe
for each municipal court the number, qualifications, and compensation
of judges, officers, and employees.
(d) Notwithstanding subdivision (a), any city in San Diego County
may be divided into more than one municipal court district if the
Legislature determines that unusual geographic conditions warrant
such division.
(e) Notwithstanding subdivision (a), the municipal and superior
courts shall be unified upon a majority vote of superior court judges
and a majority vote of municipal court judges within the county. In
those counties, there shall be only a superior court.
Third--That Section 6 of Article VI is amended to read:
SEC. 6. (a) The Judicial Council consists of the
Chief Justice and one other judge of the Supreme Court, 3
three judges of courts of appeal, 5
10 judges of superior courts, 5 judges
of municipal courts, 2 two nonvoting court
administrators, and such any other
nonvoting members as determined by the voting membership of the
council, each appointed by the Chief Justice for a 3-year
three-year term pursuant to procedures
established by the council; 4 four
members of the State Bar appointed by its governing body for
3-year three-year terms; and one member of each
house of the Legislature appointed as provided by the house.
Vacancies in the memberships on the Judicial Council
otherwise designated for municipal court judges shall be filled by
judges of the superior court in the case of appointments made when
fewer than 10 counties have municipal courts.
(b) Council membership terminates if a member ceases to
hold the position that qualified the member for appointment. A
vacancy shall be filled by the appointing power for the remainder of
the term.
(c) The council may appoint an Administrative Director
of the Courts, who serves at its pleasure and performs functions
delegated by the council or the Chief Justice, other than adopting
rules of court administration, practice and procedure.
(d) To improve the administration of justice the
council shall survey judicial business and make recommendations to
the courts, make recommendations annually to the Governor and
Legislature, adopt rules for court administration, practice and
procedure, and perform other functions prescribed by statute. The
rules adopted shall not be inconsistent with statute.
(e) The Chief Justice shall seek to expedite judicial
business and to equalize the work of judges. The Chief Justice may
provide for the assignment of any judge to another court but only
with the judge's consent if the court is of lower jurisdiction. A
retired judge who consents may be assigned to any court.
(f) Judges shall report to the council as the Chief
Justice directs concerning the condition of judicial business in
their courts. They shall cooperate with the council and hold court
as assigned.
Fourth--That Section 8 of Article VI is amended to read:
SEC. 8. (a) The Commission on Judicial Performance consists of
one judge of a court of appeal , one judge of a superior
court, and one judge of a municipal court and two
judges of superior courts , each appointed by the Supreme
Court; 2 two members of the State Bar
of California who have practiced law in this State for 10 years, each
appointed by the Governor; and 6 six
citizens who are not judges, retired judges, or members of the State
Bar of California, 2 two of whom shall
be appointed by the Governor, 2 two by
the Senate Committee on Rules, and 2 two
by the Speaker of the Assembly. Except as provided in
subdivisions (b) and (c), all terms are for 4
four years. No member shall serve more than 2 4-year
two four-year terms, or for more than a total
of 10 years if appointed to fill a vacancy. A vacancy in
the membership on the Commission on Judicial Performance otherwise
designated for a municipal court judge shall be filled by a judge of
the superior court in the case of an appointment made when fewer than
10 counties have municipal courts.
(b) Commission membership terminates if a member ceases to hold
the position that qualified the member for appointment. A vacancy
shall be filled by the appointing power for the remainder of the
term. A member whose term has expired may continue to serve until
the vacancy has been filled by the appointing power. Appointing
powers may appoint members who are already serving on the commission
prior to March 1, 1995, to a single 2-year
two-year term, but may not appoint them to an additional term
thereafter.
(c) To create staggered terms among the members of the Commission
on Judicial Performance, the following members shall be appointed, as
follows:
(1) Two members appointed by the Supreme Court to a term
commencing March 1, 1995, shall each serve a term of 2
two years and may be reappointed to one full
term.
(2) One attorney appointed by the Governor to a term commencing
March 1, 1995, shall serve a term of 2 two
years and may be reappointed to one full term.
(3) One citizen member appointed by the Governor to a term
commencing March 1, 1995, shall serve a term of 2
two years and may be reappointed to one full term.
(4) One member appointed by the Senate Committee on Rules to a
term commencing March 1, 1995, shall serve a term of 2
two years and may be reappointed to one full
term.
(5) One member appointed by the Speaker of the Assembly to a term
commencing March 1, 1995, shall serve a term of 2
two years and may be reappointed to one full term.
(6) All other members shall be appointed to full 4-year
four-year terms commencing March 1, 1995.
Fifth--That Section 10 of Article VI is amended to read:
SEC. 10. The Supreme Court, courts of appeal, superior courts,
and their judges have original jurisdiction in habeas corpus
proceedings. Those courts also have original jurisdiction in
proceedings for extraordinary relief in the nature of mandamus,
certiorari, and prohibition. The appellate division of the superior
court has original jurisdiction in proceedings for extraordinary
relief in the nature of mandamus, certiorari, and prohibition
directed to the superior court in causes subject to its appellate
jurisdiction.
Superior courts have original jurisdiction in all other causes
except those given by statute to other trial courts
.
The court may make such any comment
on the evidence and the testimony and credibility of any witness as
in its opinion is necessary for the proper determination of the
cause.
Sixth--That Section 15 of Article VI is amended to read:
SEC. 15. A person is ineligible to be a judge of a court of
record unless for 5 years immediately preceding selection to
a municipal court or 10 years immediately preceding
selection to other courts , the person has been a
member of the State Bar or served as a judge of a court of record in
this State. A judge eligible for municipal court service
may be assigned by the Chief Justice to serve on any court.
Seventh--That Section 16 of Article VI is amended to read:
SEC. 16. (a) Judges of the Supreme Court shall be elected at
large and judges of courts of appeal shall be elected in their
districts at general elections at the same time and places as the
Governor. Their terms are 12 years beginning the Monday after
January 1 following their election, except that a judge elected to an
unexpired term serves the remainder of the term. In creating a new
court of appeal district or division the Legislature shall provide
that the first elective terms are 4, 8, and 12 years.
(b) (1) In counties in which there is no municipal court,
judges Judges of superior courts shall be
elected in their counties at general elections except as otherwise
necessary to meet the requirements of federal law. In the latter
case the Legislature, by two-thirds vote of the membership of each
house thereof, with the advice of judges within the affected court,
may provide for their election by the system prescribed in
subdivision (d), or by any other arrangement. The Legislature may
provide that an unopposed incumbent's name not appear on the ballot.
(2) In counties in which there is one or more municipal court
districts, judges of superior and municipal courts shall be elected
in their counties or districts at general elections. The Legislature
may provide that an unopposed incumbent's name not appear on the
ballot.
(c) Terms of judges of superior courts are 6
six years beginning the Monday after January 1 following
their election. A vacancy shall be filled by election to a full term
at the next general election after the second January 1 following
the vacancy, but the Governor shall appoint a person to fill the
vacancy temporarily until the elected judge's term begins.
(d) (1) Within 30 days before August 16 preceding the
expiration of the judge's term, a judge of the Supreme Court or a
court of appeal may file a declaration of candidacy to succeed to the
office presently held by the judge. If the declaration is not filed,
the Governor before September 16 shall nominate a candidate. At the
next general election, only the candidate so declared or nominated
may appear on the ballot, which shall present the question whether
the candidate shall be elected. The candidate shall be elected upon
receiving a majority of the votes on the question. A candidate not
elected may not be appointed to that court but later may be nominated
and elected.
(2) The Governor shall fill vacancies in those courts
by appointment. An appointee holds office until the Monday after
January 1 following the first general election at which the appointee
had the right to become a candidate or until an elected judge
qualifies. A nomination or appointment by the Governor is effective
when confirmed by the Commission on Judicial Appointments.
(3) Electors of a county, by majority of those voting
and in a manner the Legislature shall provide, may make this system
of selection applicable to judges of superior courts.
Eighth--That Section 23 of Article VI is repealed.
SEC. 23. (a) The purpose of the amendments to Sections 1, 4,
5, 6, 8, 10, 11, and 16, of this article, and the amendments to
Section 16 of Article I, approved at the June 2, 1998, primary
election is to permit the Legislature to provide for the abolition of
the municipal courts and unify their operations within the superior
courts. Notwithstanding Section 8 of Article IV, the implementation
of, and orderly transition under, the provisions of the measure
adding this section may include urgency statutes that create or
abolish offices or change the salaries, terms, or duties of offices,
or grant franchises or special privileges, or create vested rights or
interests, where otherwise permitted under this Constitution.
(b) When the superior and municipal courts within a county are
unified, the judgeships in each municipal court in that county are
abolished and the previously selected municipal court judges shall
become judges of the superior court in that county. The term of
office of a previously selected municipal court judge is not affected
by taking office as a judge of the superior court. The 10-year
membership or service requirement of Section 15 does not apply to a
previously selected municipal court judge. Pursuant to Section 6,
the Judicial Council may prescribe appropriate education and training
for judges with regard to trial court unification.
(c) Except as provided by statute to the contrary, in any county
in which the superior and municipal courts become unified, the
following shall occur automatically in each preexisting superior and
municipal court:
(1) Previously selected officers, employees, and other personnel
who serve the court become the officers and employees of the superior
court.
(2) Preexisting court locations are retained as superior court
locations.
(3) Preexisting court records become records of the superior
court.
(4) Pending actions, trials, proceedings, and other business of
the court become pending in the superior court under the procedures
previously applicable to the matters in the court in which the
matters were pending.
(5) Matters of a type previously within the appellate jurisdiction
of the superior court remain within the jurisdiction of the
appellate division of the superior court.
(6) Matters of a type previously subject to rehearing by a
superior court judge remain subject to rehearing by a superior court
judge, other than the judge who originally heard the matter.
(7) Penal Code procedures that necessitate superior court review
of, or action based on, a ruling or order by a municipal court judge
shall be performed by a superior court judge other than the judge who
originally made the ruling or order.