BILL ANALYSIS
ACA 15
Page 1
Date of Hearing: April 9, 2002
ASSEMBLY COMMITTEE ON JUDICIARY
Ellen M. Corbett, Chair
ACA 15 (Wayne) - As Amended: April 2, 2002
PROPOSED CONSENT
SUBJECT : COURT CONSOLIDATION
KEY ISSUE : SHOULD REVISIONS BE MADE TO THE CALIFORNIA
CONSTITUTION TO REFLECT THE UNIFICATION OF THE MUNICIPAL AND
SUPERIOR COURTS BY DELETING OBSOLETE REFERENCES TO MUNICIPAL
COURTS?
SYNOPSIS
This non-controversial Constitutional Amendment, sponsored by
the California Law Revision Commission, would place on the
ballot technical changes in the California Constitution to
reflect court unification and the elimination of municipal
courts. The Amendment creates a sunset date of January 1, 2007
for the transitional provisions included in the Constitution to
govern during the implementation of unification.
SUMMARY : Deletes obsolete references to the municipal courts
in the California Constitution. Specifically, this amendment :
1)Deletes a reference to municipal courts in Section 1 of
Article VI of the California Constitution, vesting the
judicial power of the State in its various courts.
2)Repeals Section 5 of Article VI of the California
Constitution, which governs the organization of the municipal
courts and municipal court districts.
3)Provides that Judicial Council shall consist of the Chief
Justice, one other judge of the Supreme Court, three judges of
courts of appeal, ten 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; 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.
ACA 15
Page 2
4)Provides that 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 for 10
years, appointed by the Governor, and six citizens who are not
judges, retired judges, or members of the State Bar, two
appointed by the Governor, two by the Senate Rules Committee,
and two by the Speaker of the Assembly.
5)Eliminates a reference to original jurisdiction for trial
courts other than superior courts.
6)Eliminates provisions setting standards for eligibility to be
a municipal court judge.
7)Eliminates provisions regarding election of municipal court
judges.
8)Creates a sunset date of January 1, 2007, for transitional
provisions governing the implementation of the unification of
municipal and superior courts.
EXISTING LAW :
1)Provides for the unification of municipal and superior courts
within a county upon a majority vote of the superior court
judges of that county and a majority vote of the municipal
court judges of that county. (California Constitution,
Article VI, Section 5(e).)
2)Vests the judicial power of the state in the Supreme Court,
courts of appeal, superior courts and municipal courts.
(California Constitution, Article VI, Section 1.)
3)Provides for the organization of municipal court districts and
municipal courts. (California Constitution, Article VI,
Section 5.)
4)Provides that Judicial Council shall consist of the Chief
Justice, one other judge of the Supreme Court, three judges of
courts of appeal, five judges of superior courts, five judges
of municipal 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
ACA 15
Page 3
for a three year term; 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. (California Constitution, Article VI, Section 6.)
5)Provides that 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, each appointed by
the Supreme Court; two members of the State Bar of California
who have practiced law for 10 years, appointed by the
Governor, and six citizens who are not judges, retired judges,
or members of the State Bar, two appointed by the Governor,
two by the Senate Rules Committee, and two by the Speaker of
the Assembly. (California Constitution, Article VI, Section
8.)
6)Provides that the Supreme Court, courts of appeal, superior
courts and their judges have original jurisdiction in
specified matters, and that Superior Courts have original
jurisdiction in all other causes except those given by statute
to other trial courts. (California Constitution, Article VI,
Section 10.)
7)Requires that a person have been a member of the State Bar or
have served as a judge of a court of record for the five years
immediately preceding that person's selection as a municipal
court judge. (California Constitution, Article VI, Section
15.)
8)Provides for the election of municipal and superior court
judges at general elections.
9)Establishes transitional procedures to be used during the
period of unification of the trial courts. (California
Constitution, Article VI, Section 23.)
FISCAL EFFECT : The amendment as currently in print is keyed
non-fiscal.
COMMENTS : This measure makes technical revisions to the
California Constitution to reflect the unification of the
municipal and superior courts. Municipal courts have been
eliminated in California by operation of trial court unification
under Article VI, section 5(e) of the Constitution, which
provides that the municipal and superior courts within a county
ACA 15
Page 4
shall be unified upon a majority vote of superior court judges
and a majority vote of municipal court judges within the county.
(Res. Ch. 36, Statutes of 1996 (SCA 4), Prop. 220 approved by
the voters on June 2, 1998.) Trial court unification was
completed on February 8, 2001, and there have been no municipal
courts since that date.
Various references to municipal courts remain in the state
Constitution. This measure eliminates those references. Where
existing provisions of the Constitution provide for appointment
of municipal court judges to Judicial Council and the Commission
on Judicial Performance, this amendment substitutes the
appointment of superior court judges. Thus Judicial Council,
instead of having five municipal court judges and five superior
court judges, will have ten superior court judges. The
Commission on Judicial Performance will have two superior court
judges instead of one superior court judge and one municipal
court judge.
ACA 15 leaves in place the transitional provisions regarding
implementation of unification through January 1, 2007, as of
which date they would be repealed. These provisions govern what
happens to court employees, records, and proceedings upon
unification, as well as procedures in cases where a matter was
subject to rehearing in superior court, or within the appellate
jurisdiction of the superior court. With unification long since
complete, these provisions will no longer be needed by the
repeal date.
Article XVIII of the California Constitution provides that all
Constitutional Amendments must be approved by a majority of the
voters. Passage of ACA 15 by two-thirds vote of the Legislature
would place the proposed amendments on the ballot at the next
election, and the changes would go into effect only if approved
by a majority of the voters.
REGISTERED SUPPORT / OPPOSITION :
Support
California Law Revision Commission (sponsor)
Opposition
None on file
ACA 15
Page 5
Analysis Prepared by : Kathy Sher / JUD. / (916) 319-2334