CALIFORNIA SUPERIOR COURTS
The California Superior Courts, also known as the state’s trial courts, are the foundational level of the California judicial system and the entry point for most legal matters in the state. With 58 superior courts (one in each county) they serve over 39 million people, handling a massive volume and variety of cases, making the California court system the largest in the nation. Legal representation is critical at all stages of litigation in the Superior Courts.
Structure and Function
In the California court hierarchy, the superior courts sit below the intermediate Courts of Appeal and the highest court, the California Supreme Court. Their primary function is to serve as trial courts where evidence is presented, witness testimony is heard, and cases are decided by a judge or a jury applying the relevant law to the facts.
Before 2001, California had a dual trial court system with both superior and municipal courts. However, following the passage of Proposition 220 in 1998, all 58 counties voted to unify their trial courts into a single superior court system to improve efficiency and access to justice.
Jurisdiction: A Broad Purview
Superior Courts have original jurisdiction over nearly all cases arising under California law. This comprehensive authority means they are the starting point for a vast array of legal issues. The types of cases handled include:
Criminal Cases: All felony, misdemeanor, and infraction cases, including traffic violations.
Civil Cases: General civil disputes involving contracts, personal injury, property damage, and other civil rights issues, which can be either limited (valued at $35,000 or less) or unlimited (valued over $35,000).
Family Law: Matters such as divorce, legal separation, child custody, and spousal and child support.
Probate Cases: Cases involving wills, trusts, guardianships (for minors), and conservatorships (for adults who cannot care for themselves).
Juvenile Cases: Cases related to juvenile delinquency (minors breaking the law) and juvenile dependency (child abuse or neglect).
Other Cases: This includes mental health cases, landlord/tenant disputes (unlawful detainers), and small claims cases (civil cases for monetary judgments of $12,500 or less, typically without lawyers).
Appeals of most Superior Courts decisions go to the Courts of Appeal. However, appeals for minor cases, such as small claims or misdemeanors, are handled internally by the Superior Court’s own appellate division.
Selection of Judges
Superior Courts judges are selected through a hybrid system of elections and gubernatorial appointments. Judges serve six-year terms and are elected by county voters on a nonpartisan ballot.
Vacancies that occur during a term (due to retirement, death, or other reasons) are filled by the Governor’s appointment. The vast majority of Superior Courts judges initially reach the bench via this appointment process. All potential judicial candidates undergo an evaluation by the State Bar’s Commission on Judicial Nominees Evaluation (JNE) to assess their qualifications and background.
In sum, the California Superior Courts are essential to the daily administration of justice, offering fair and impartial resolution for a wide range of legal issues. They are the most accessible level of the state’s judiciary and play a critical role in protecting the rights and liberties guaranteed by the U.S. Constitution and California Constitution.
Read more about the California Superior Courts.
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