California Supreme Court
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The California Supreme Court is the court of last resort in California. The court was established in 1849, one year before California's admittance into the Union.
In deciding which cases merit review, the California Supreme Court focuses on significant legal issues of statewide importance. Of the nearly 9 million lawsuits filed annually in the state, the Supreme Court issues opinions in an average of 105 to 115. The Supreme Court’s decisions provide guidance to the lower courts and ultimately affect the lives of California’s 36 million residents.[1]
History
Article VI of the 1849 constitution provided for a Supreme Court that would consist of a Chief Justice and two associate justices; additionally, the constitution required the first three justices be elected not by a state-wide vote, but by a legislative vote.
The first three members of the Court were Serranus Clinton Hastings as the first Chief Justice, and H.A. Lyons and Nathaniel Bennett as associate justices.
In 1862, the judiciary was reorganized, and Article VI was amended. The court could now hear cases from a wider variety of categories, and the amount of Supreme Court justices expanded from three to five; terms were also stretched from 6 to 10 years.
In March of 1879, dramatic changes had been made to the judiciary as a result of a legislative convention staged the previous fall. Once again, the Supreme Court grew--this time from five justices to seven (the Chief Justice and six associate justices). Term limits were augmented from 10 to 12 years, the court's categorical purview widened once more and all opinions were required to be in writing. [2]
Location
The first court, having convened in San Francisco, remained there solely until 1854 when it was decided by legislative mandate that required the court to relocate to the state capitol--which was yet to be determined. The court initially held this decision to be invalid, and so it spent the majority of 1854 ensconsed in San Jose. It would move to Sacramento in 1855--the winner of the capitol debate--but return to San Francisco in the early 1870s. By 1874, this fluid back-and-forth would be formalized as the legislature "directed the court to hear oral arguments two months each year in San Francisco and two months each year in Sacramento."[3]
During the Constitutional Convention of 1879, this veritable "court on wheels" was heavily debated. Opposed delegates argued that there was too much expense and inconvenience involved.
Jurisdiction
By the 20th century, the Supreme Court was given the power to transfer cases from the Courts of Appeal to itself (or vice versa), or between courts of appeal.
Judicial Council of California
The Judicial Council of California was established in 1926, under an amendment to Article VI. The Council was--and still is--chaired by the Chief Justice, and has the explicit responsibility to "improve the administration of justice and to enact rules of court practice and procedure."
Notable decisions
Same-sex marriage
On May 15, 2008, the court overturned Proposition 22, a ballot initiative passed by the state's voters in 2000 which defined marriage as between one man and one woman. The voters of the state on November 4, 2008, passed Proposition 8, which is a constitutional amendment asserting that marriage is to be defined as between one man and one woman.
Current justices
Removal from court
Judges may be impeached by the assembly and convicted by two thirds of the senate; they are also subject to recall election.
The commission on judicial performance investigates complaints of judicial misconduct and incapacity and may privately admonish, suspend, censure, retire, or remove a judge. The commission's decisions are subject to review by the supreme court."[4]
See also
External links
- California Supreme Court Official Site
- The Modern California Supreme Court: Progressivism and Practical Constraints
- Supreme Court Booklet
References
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