CALIFORNIA JUDICIAL BRANCH
The California Judicial Branch, the largest court system in the U.S. and one of the three branches of the state government, is responsible for interpreting and applying state law and ensuring the fair administration of justice. It has a hierarchical structure and is overseen by the Judicial Council.
Structure of the Judicial Branch
The California Constitution establishes three main levels of courts and the Judicial Council:
Superior Courts: The California Superior Courts are the state’s trial courts and exist in each of California’s 58 counties. They are where cases begin, with a judge or jury hearing evidence and applying the law to the facts presented. Superior courts handle all types of criminal and civil cases, including family law, probate, and small claims.
Courts of Appeal: The California Courts of Appeal are organized into six geographical districts. They review superior court decisions for legal errors that might have impacted the trial outcome, with panels of three justices making the rulings.
Supreme Court: As the state’s highest court, the California Supreme Court consists of a Chief Justice and six associate justices. Its decisions are binding on all lower state courts. The Supreme Court has the authority to review cases from the Courts of Appeal, resolve legal inconsistencies, and is required to review all death penalty appeals and disciplinary actions against judges or attorneys.
The Judicial Council
The Judicial Council is the administrative and policymaking body for the California courts, led by the Chief Justice. Its functions include adopting court rules consistent with state law, recommending improvements to the justice system to the Governor and Legislature, and ensuring the impartial administration of justice.
Selection and Terms of Judges
Superior Court Judges: These judges are elected for six-year terms in county-level, nonpartisan elections. If a vacancy occurs mid-term, the Governor makes an appointment, after which the judge must run for election.
Courts of Appeal and Supreme Court Justices: These justices are appointed by the Governor and must be confirmed by the Commission on Judicial Appointments. They serve 12-year terms and require voter confirmation in a retention election to continue in office.
Eligibility: To serve on any California court of record, a person must have been a California attorney or judge for at least 10 years immediately prior to their selection.
Oversight: The Commission on Judicial Performance investigates complaints regarding judicial misconduct or incapacity and can discipline or remove judges.
Read more about the California courts.
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