California Supreme Court

From Judgepedia

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. ^[1][2]

Jurisdiction

The Supreme Court of California has mandatory appellate jurisdiction in all death penalty cases in the state and discretionary appellate jurisdiction over all cases reviewed by the Courts of Appeal.^[2]

Caseload

Of the nearly 9 million lawsuits filed annually in the state, the Supreme Court issues opinions in an average of 105 to 115.^[1]

The court's justices

Selection of justices

Justices are appointed by the Governor and confirmed by the Commission on Judicial Appointments. The appointment of a justice must be confirmed via retention referendum at the next general election; justices also must stand for a retention referendum at the end of their 12-year terms.^[1] Judges may be removed by recall election and may be removed by the legislature. Additionally, the California Commission on Judicial Performance investigates complaints of judicial misconduct and may determine to "admonish, suspend, censure, retire, or remove a judge."^[3]

Qualifications

According to the California Constitution, to be considered for an appointment, a person must be an attorney admitted to practice in California or have served as a judge of a California court for ten years immediately preceding the appointment.

Current justices

California Supreme Court justices, from left to right: Carlos Moreno, Joyce Kennard, Kathryn Mickle Werdegar, Ronald George, Ming Chin, Marvin Baxter, and Carol Corrigan

Chief justice

Ronald George is the Chief Justice of the California Supreme Court. He has announced that he will step down at the end of this current term, in January 2011. ^[4]

2010 retention elections

See also: California judicial elections, 2010

After appointment, California Supreme Court justices are elected via retention election for a 12 year term at the next general election. In 2010, two justices' 12 year terms are ending: Ming Chin and Carlos Moreno. ^[5]

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.

California proposition 8

For LIVE coverage of California Proposition 8, CLICK HERE

Video is courtsey of KNBC-NBC 4 of Los Angeles

For related coverage of Proposition 8 CLICK HERE to Ballopedia's coverage.

As of 10:03 AM-PDT according to KNBC-TV 4, the California Supreme Court has been ruled to be upheld on a 6-1 vote, but still all 18,000 marriages according to the reports of KNBC-TV have been upheld on a 7-0 vote.

In the oral arguments in March of 2009, the California Supreme Court decided this case on three arguements^[6]:

• Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the state constitution? ^[6]

• Does Prop 8 violate the separation of powers doctrine under the state constitution? ^[6]

• And if Prop 8 is not unconstitutional, what affect - if any - would it have on the marriages of same-sex couples performed between the legalization of same-sex marriage in June and the passage of the amendment in November of 2008?^[6].

The first two questions were ruled in favor of upholding Prop 8 on a 6-1 vote, and also the third question in regards of 18,000 marriages was upheld on an unanimous vote 7-0^[7].

The text of the Supreme Court's ruling can be accessed by CLICK HERE

History of the court

The constitution of California was first created and implemented in 1849. In this, the Supreme Court was created to have a Chief Justice and two associate justices, which would be elected 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 this article was amended so that the court could hear a wider variety of cases, and the number of justices were increased to five. Terms of Supreme Court justices were increased from six years to 10. The number of justices on the court increased again in 1879, from five to seven, as did term limits, which increased from 10 years to 12 years. 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."^[8]

Location of the court

Earl Warren Building

The California Supreme Court meets in the Earl Warren Building in San Francisco, California.

The first court convened in San Francisco and remained there until 1854. In that year, legislative mandate required the court to relocate to the to be determined state capitol. The court then moved to Sacramento in 1855, returning to San Francisco in the 1870s. In 1874, the state legislature ordered the court to hear cases for two months of each year in San Francisco and two months of each year in Sacramento.^[9]

See also

• California Superior Courts
• Judicial selection in California
• California judicial news
• California Supreme Court Historical Society
• California blogs

External links

• Court Information Page
• California Supreme Court Official Site
• The Modern California Supreme Court: Progressivism and Practical Constraints
• Supreme Court Booklet
• Legal Pad, a website covering California court news

References

The California Project on Judgepedia

Supreme Court Courts of Appeal Federal court of appeal

Federal central district for California Federal eastern district for California Federal northern district for California Federal southern district for California