BILL NUMBER: ACA 15 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 27, 2002
PASSED THE ASSEMBLY MAY 9, 2002
AMENDED IN ASSEMBLY APRIL 2, 2002
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, amending and repealing Section 23 of, and repealing Section 5
of, Article VI thereof, relating to court consolidation.
LEGISLATIVE COUNSEL'S DIGEST
ACA 15, 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.
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, all of which
are courts of record.
Second--That Section 5 of Article VI is repealed.
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, three judges of courts of
appeal, 10 judges of superior courts, two nonvoting court
administrators, and any other nonvoting members as determined by the
voting membership of the council, each appointed by the Chief Justice
for a three-year term pursuant to procedures established by the
council; four members of the State Bar appointed by its governing
body for three-year terms; and one member of each house of the
Legislature appointed as provided by the house.
(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 and two judges of superior courts,
each appointed by the Supreme Court; two members of the State Bar of
California who have practiced law in this State for 10 years, each
appointed by the Governor; and six citizens who are not judges,
retired judges, or members of the State Bar of California, two of
whom shall be appointed by the Governor, two by the Senate Committee
on Rules, and two by the Speaker of the Assembly. Except as provided
in subdivisions (b) and (c), all terms are for four years. No
member shall serve more than two four-year terms, or for more than a
total of 10 years if appointed to fill a vacancy.
(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 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 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 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 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 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 two years and may be
reappointed to one full term.
(6) All other members shall be appointed to full 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.
The court may make 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 10 years immediately preceding selection, the
person has been a member of the State Bar or served as a judge of a
court of record in this State.
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) 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.
(c) Terms of judges of superior courts are 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 amended to read:
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.
(d) This section shall remain in effect only until January 1,
2007, and as of that date is repealed.