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California Constitution
ARTICLE 6  JUDICIAL


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.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 2.  The Supreme Court consists of the Chief Justice of
California and 6 associate justices.  The Chief Justice may convene
the court at any time.  Concurrence of 4 judges present at the
argument is necessary for a judgment.
   An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act.  The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 3.  The Legislature shall divide the State into districts each
containing a court of appeal with one or more divisions.  Each
division consists of a presiding justice and 2 or more associate
justices.  It has the power of a court of appeal and shall conduct
itself as a 3-judge court.  Concurrence of 2 judges present at the
argument is necessary for a judgment.
   An acting presiding justice shall perform all functions of the
presiding justice when the presiding justice is absent or unable to
act.  The presiding justice or, if the presiding justice fails to do
so, the Chief Justice shall select an associate justice of that
division as acting presiding justice.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 4.  In each county there is a superior court of one or more
judges.  The Legislature shall prescribe the number of judges and
provide for the officers and employees of each superior court.  If
the governing body of each affected county concurs, the Legislature
may provide that one or more judges serve more than one superior
court.
   In each superior court there is an appellate division.  The Chief
Justice shall assign judges to the appellate division for specified
terms pursuant to rules, not inconsistent with statute, adopted by
the Judicial Council to promote the independence of the appellate
division.



California Constitution
ARTICLE 6  JUDICIAL


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.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 7.  The Commission on Judicial Appointments consists of the
Chief Justice, the Attorney General, and the presiding justice of the
court of appeal of the affected district or, if there are 2 or more
presiding justices, the one who has presided longest or, when a
nomination or appointment to the Supreme Court is to be considered,
the presiding justice who has presided longest on any court of
appeal.



California Constitution
ARTICLE 6  JUDICIAL


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.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 9.  The State Bar of California is a public corporation.  Every
person admitted and licensed to practice law in this State is and
shall be a member of the State Bar except while holding office as a
judge of a court of record.



California Constitution
ARTICLE 6  JUDICIAL


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.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 11.  (a) The Supreme Court has appellate jurisdiction when
judgment of death has been pronounced.  With that exception courts of
appeal have appellate jurisdiction when superior courts have
original jurisdiction in causes of a type within the appellate
jurisdiction of the courts of appeal on June 30, 1995, and in other
causes prescribed by statute.  When appellate jurisdiction in civil
causes is determined by the amount in controversy, the Legislature
may change the appellate jurisdiction of the courts of appeal by
changing the jurisdictional amount in controversy.
   (b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.
   (c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is waived or not a matter of right.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 12.  (a) The Supreme Court may, before decision, transfer to
itself a cause in a court of appeal.  It may, before decision,
transfer a cause from itself to a court of appeal or from one court
of appeal or division to another.  The court to which a cause is
transferred has jurisdiction.
   (b) The Supreme Court may review the decision of a court of appeal
in any cause.
   (c) The Judicial Council shall provide, by rules of court, for the
time and procedure for transfer and for review, including, among
other things, provisions for the time and procedure for transfer with
instructions, for review of all or part of a decision, and for
remand as improvidently granted.
   (d) This section shall not apply to an appeal involving a judgment
of death.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 13.  No judgment shall be set aside, or new trial granted, in
any cause, on the ground of misdirection of the jury, or of the
improper admission or rejection of evidence, or for any error as to
any matter of pleading, or for any error as to any matter of
procedure, unless, after an examination of the entire cause,
including the evidence, the court shall be of the opinion that the
error complained of has resulted in a miscarriage of justice.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 14.  The Legislature shall provide for the prompt publication
of such opinions of the Supreme Court and courts of appeal as the
Supreme Court deems appropriate, and those opinions shall be
available for publication by any person.
   Decisions of the Supreme Court and courts of appeal that determine
causes shall be in writing with reasons stated.



California Constitution
ARTICLE 6  JUDICIAL


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.



California Constitution
ARTICLE 6  JUDICIAL


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.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 17.  A judge of a court of record may not practice law and
during the term for which the judge was selected is ineligible for
public employment or public office other than judicial employment or
judicial office, except a judge of a court of record may accept a
part-time teaching position that is outside the normal hours of his
or her judicial position and that does not interfere with the regular
performance of his or her judicial duties while holding office.  A
judge of a trial court of record may, however, become eligible for
election to other public office by taking a leave of absence without
pay prior to filing a declaration of candidacy.  Acceptance of the
public office is a resignation from the office of judge.
   A judicial officer may not receive fines or fees for personal use.

   A judicial officer may not earn retirement service credit from a
public teaching position while holding judicial office.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 18.  (a) A judge is disqualified from acting as a judge,
without loss of salary, while there is pending (1) an indictment or
an information charging the judge in the United States with a crime
punishable as a felony under California or federal law, or (2) a
petition to the Supreme Court to review a determination by the
Commission on Judicial Performance to remove or retire a judge.
   (b) The Commission on Judicial Performance may disqualify a judge
from acting as a judge, without loss of salary, upon notice of formal
proceedings by the commission charging the judge with judicial
misconduct or disability.
   (c) The Commission on Judicial Performance shall suspend a judge
from office without salary when in the United States the judge pleads
guilty or no contest or is found guilty of a crime punishable as a
felony under California or federal law or of any other crime that
involves moral turpitude under that law.  If the conviction is
reversed, suspension terminates, and the judge shall be paid the
salary for the judicial office held by the judge for the period of
suspension.  If the judge is suspended and the conviction becomes
final, the Commission on Judicial Performance shall remove the judge
from office.
   (d) Except as provided in subdivision (f), the Commission on
Judicial Performance may (1) retire a judge for disability that
seriously interferes with the performance of the judge's duties and
is or is likely to become permanent, or (2) censure a judge or former
judge or remove a judge for action occurring not more than 6 years
prior to the commencement of the judge's current term or of the
former judge's last term that constitutes willful misconduct in
office, persistent failure or inability to perform the judge's
duties, habitual intemperance in the use of intoxicants or drugs, or
conduct prejudicial to the administration of justice that brings the
judicial office into disrepute, or (3) publicly or privately admonish
a judge or former judge found to have engaged in an improper action
or dereliction of duty.  The commission may also bar a former judge
who has been censured from receiving an assignment, appointment, or
reference of work from any California state court. Upon petition by
the judge or former judge, the Supreme Court may, in its discretion,
grant review of a determination by the commission to retire, remove,
censure, admonish, or disqualify pursuant to subdivision (b) a judge
or former judge.  When the Supreme Court reviews a determination of
the commission, it may make an independent review of the record.  If
the Supreme Court has not acted within 120 days after granting the
petition, the decision of the commission shall be final.
   (e) A judge retired by the commission shall be considered to have
retired voluntarily.  A judge removed by the commission is ineligible
for judicial office, including receiving an assignment, appointment,
or reference of work from any California state court, and pending
further order of the court is suspended from practicing law in this
State.  The State Bar may institute appropriate attorney disciplinary
proceedings against any judge who retires or resigns from office
with judicial disciplinary charges pending.
   (f) A determination by the Commission on Judicial Performance to
admonish or censure a judge or former judge of the Supreme Court or
remove or retire a judge of the Supreme Court shall be reviewed by a
tribunal of 7 court of appeal judges selected by lot.
   (g) No court, except the Supreme Court, shall have jurisdiction in
a civil action or other legal proceeding of any sort brought against
the commission by a judge.  Any request for injunctive relief or
other provisional remedy shall be granted or denied within 90 days of
the filing of the request for relief.  A failure to comply with the
time requirements of this section does not affect the validity of
commission proceedings.
   (h) Members of the commission, the commission staff, and the
examiners and investigators employed by the commission shall be
absolutely immune from suit for all conduct at any time in the course
of their official duties.  No civil action may be maintained against
a person, or adverse employment action taken against a person, by
any employer, public or private, based on statements presented by the
person to the commission.
   (i) The Commission on Judicial Performance shall make rules
implementing this section, including, but not limited to, the
following:
   (1) The commission shall make rules for the investigation of
judges.  The commission may provide for the confidentiality of
complaints to and investigations by the commission.
   (2) The commission shall make rules for formal proceedings against
judges when there is cause to believe there is a disability or
wrongdoing within the meaning of subdivision (d).
   (j) When the commission institutes formal proceedings, the notice
of charges, the answer, and all subsequent papers and proceedings
shall be open to the public for all formal proceedings instituted
after February 28, 1995.
   (k) The commission may make explanatory statements.
   (l) The budget of the commission shall be separate from the budget
of any other state agency or court.
   (m) The Supreme Court shall make rules for the conduct of judges,
both on and off the bench, and for judicial candidates in the conduct
of their campaigns.  These rules shall be referred to as the Code of
Judicial Ethics.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 18.1.  The Commission on Judicial Performance shall exercise
discretionary jurisdiction with regard to the oversight and
discipline of subordinate judicial officers, according to the same
standards, and subject to review upon petition to the Supreme Court,
as specified in Section 18.
   No person who has been found unfit to serve as a subordinate
judicial officer after a hearing before the Commission on Judicial
Performance shall have the requisite status to serve as a subordinate
judicial officer.
   This section does not diminish or eliminate the responsibility of
a court to exercise initial jurisdiction to discipline or dismiss a
subordinate judicial officer as its employee.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 18.5.  (a) Upon request, the Commission on Judicial Performance
shall provide to the Governor of any State of the Union the text of
any private admonishment, advisory letter, or other disciplinary
action together with any information that the Commission on Judicial
Performance deems necessary to a full understanding of the commission'
s action, with respect to any applicant whom the Governor of any
State of the Union indicates is under consideration for any judicial
appointment.
   (b) Upon request, the Commission on Judicial Performance shall
provide the President of the United States the text of any private
admonishment, advisory letter, or other disciplinary action together
with any information that the Commission on Judicial Performance
deems necessary to a full understanding of the commission's action,
with respect to any applicant whom the President indicates is under
consideration for any federal judicial appointment.
   (c) Upon request, the Commission on Judicial Performance shall
provide the Commission on Judicial Appointments the text of any
private admonishment, advisory letter, or other disciplinary action
together with any information that the Commission on Judicial
Performance deems necessary to a full understanding of the commission
action, with respect to any applicant whom the Commission on
Judicial Appointments indicates is under consideration for any
judicial appointment.
   (d) All information released under this section shall remain
confidential and privileged.
   (e) Notwithstanding subdivision (d), any information released
pursuant to this section shall also be provided to the applicant
about whom the information was requested.
   (f) "Private admonishment" refers to a disciplinary action against
a judge by the Commission on Judicial Performance as authorized by
subdivision (c) of Section 18 of Article VI, as amended November 8,
1988.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 19.  The Legislature shall prescribe compensation for judges of
courts of record.
   A judge of a court of record may not receive the salary for the
judicial office held by the judge while any cause before the judge
remains pending and undetermined for 90 days after it has been
submitted for decision.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 20.  The Legislature shall provide for retirement, with
reasonable allowance, of judges of courts of record for age or
disability.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 21.  On stipulation of the parties litigant the court may order
a cause to be tried by a temporary judge who is a member of the
State Bar, sworn and empowered to act until final determination of
the cause.



California Constitution
ARTICLE 6  JUDICIAL


SEC. 22.  The Legislature may provide for the appointment by trial
courts of record of officers such as commissioners to perform
subordinate judicial duties.



California Constitution
ARTICLE 6  JUDICIAL


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.




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