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Founded in 1849, the California Supreme Court is the state's court of last resort. The court is composed of a chief justice and six associate justices, who are appointed by the governor to 12-year terms. Appointments must be confirmed by the Commission on Judicial Appointments. The court has jurisdiction to review any ruling of the California Courts of Appeal, and also handles misconduct cases and discipline of state attorneys and judges.[1]
Justices
The current justices of the court are:
Judicial selection
- See also: Judicial selection in California
Justices of the California Supreme Court 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 gubernatorial election. Incumbent justices stand for retention at the end of their 12-year terms.[2]
Qualifications
To be considered as a candidate for an appointment a person must:
- Be an attorney admitted to practice law in California for the last ten years
- Or have served as a judge of a California court for the last ten years[2]
Chief justice
The position of chief justice is selected in the same way justices are chosen: appointment from the governor and confirmation of the Commission on Judicial Appointments.[3]
Jurisdiction
The California Constitution gives the supreme court jurisdiction in mandamus, certiorari, habeas corpus and prohibition cases. The California Supreme Court chooses cases that address legal issues that are relevant and significant across the state. The court has appellate jurisdiction to review parts of or entire cases brought before the California Courts of Appeal or any ruling that results in a judgement of death. The court also reviews the recommendations from the Commission on Judicial Performance and from the California State Bar for misconduct and disciplinary hearings. The Public Utilities Commission is the only entity that appeals directly to the supreme court.[2][1]
Justices of the California Supreme Court, as of February 2017
Caseloads
| Fiscal Year |
Filings |
Dispositions |
| 2014 |
* |
* |
| 2013 |
7,813 |
8,269 |
| 2012 |
9,237 |
9,739 |
| 2011 |
10,145 |
10,063 |
| 2010 |
9,562 |
9,439 |
| 2009 |
9,274 |
9,513 |
| 2008 |
10,521 |
10,440 |
| 2007 |
8,988 |
9,247 |
[4][5][6][7][8]
Elections
2014
Retention
Justice Werdegar, 78 at the time, was retained along with Justice Liu, who was 44 at the time of the election. Liu was appointed in 2011 and won his first full term in 2014.[9][10] Mariano-Florentino Cuéllar was appointed to the court by Governor Jerry Brown in July 2014, and was retained to a full term in November 2014.[11]
- See also: California judicial elections, 2014.
| 2010 |
California Supreme Court, Chief Justice 2010 General election results
|
| Candidates
|
Votes
|
Percent
|
Tani Cantil-Sakauye
|
4,772,376
|
67.1%
|
| Against retention
|
2,345,611
|
32.9%
|
California Supreme Court, Associate Justice 2010 General election results
|
| Candidates
|
Votes
|
Percent
|
Ming Chin
|
4,599,967
|
65.5%
|
| Against retention
|
2,427,421
|
34.5%
|
- Click here for 2010 General Election Results from the California Secretary of State.
|
| 2006 |
California Supreme Court, Associate Justice 2006 General election results
|
| Candidates
|
Votes
|
Percent
|
Joyce Kennard
|
4,395,470
|
74.6%
|
| Against retention
|
1,501,183
|
25.4%
|
California Supreme Court, Associate Justice 2006 General election results
|
| Candidates
|
Votes
|
Percent
|
Carol Corrigan
|
4,304,376
|
74.4%
|
| Against retention
|
1,483,509
|
25.6%
|
- Click here for 2006 General Election Results from the California Secretary of State.
|
| 2002 |
California Supreme Court, Associate Justice 2002 General election results
|
| Candidates
|
Votes
|
Percent
|
Kathryn M. Werdegar
|
3,776,837
|
74.2%
|
| Against retention
|
1,318,662
|
25.8%
|
California Supreme Court, Associate Justice 2002 General election results
|
| Candidates
|
Votes
|
Percent
|
Marvin Baxter
|
3,523,077
|
71.6%
|
| Against retention
|
1,399,418
|
28.4%
|
- Click here for 2002 General Election Results from the California Secretary of State.
|
Political outlook
- See also: Political ideology of State Supreme Court Justices
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of California was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, California received a score of -0.32. Based on the justices selected, California was the 14th most liberal court. The study is based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study is not a definitive label of a justice but rather an academic gauge of various factors.[12]
Ethics
Judicial conduct
The California Code of Judicial Conduct is composed of six canons:
| “
|
- A judge shall uphold the integrity and independence of the judiciary.
- A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.
- A judge shall perform the duties of judicial office impartially, competently, and diligently.
- A judge shall so conduct the judge’s quasi-judicial and extrajudicial activities as to minimize the risk of conflict with judicial obligations.
- A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.
- Compliance with the code of judicial ethics.[13][14]
|
”
|
Read the code in its entirety here.
Removal of justices
Justices may be removed in one of three ways:
- By retention election
- Impeachment by the state assembly with a two-thirds vote by the state senate
- Removed by recommendation of the California Commission on Judicial Performance following an investigation of judicial misconduct that gives the commission authority to "admonish, suspend, censure, retire, or remove a judge"[15]
Financial disclosure
- See also: Center for Public Integrity Study on State Supreme Court Disclosure Requirements
In December 2013, the Center for Public Integrity released a study on disclosure requirements for state supreme court judges. Analysts from the Center reviewed the rules governing financial disclosure in each of the 50 states and the District of Columbia, as well as personal financial disclosures for the past three years. The study found that 42 states and Washington, D.C., received failing grades. California earned a grade of C in the study. No state received a grade higher than "C." Furthermore, due in part to these lax disclosure standards, the study found 35 instances of questionable gifts, investments overlapping with caseloads and similar potential ethical quandaries. The study also noted 14 cases in which justices participated although they or their spouses held stock in the company involved in the litigation.[16]
Notable cases
A University of California at Davis Study "Followed Rates” and Leading State Cases, 1940-2005, details that many notable California Supreme Court rulings are subsequently followed in other state courts. This study discusses many notable rulings and their successors in other states.
• Ruling on state ban on same-sex marriage (2008) (In re Marriage Cases)
| Click for summary→ |
|---|
|
On May 17, 2008, the California Supreme Court ruled that the state's ban on same-sex marriage was unconstitutional. Their ruling was broadly worded, virtually invalidating, "any law that discriminates on the basis of sexual orientation."[17] This ruling spurred on Proposition 8, which outlawed same-sex marriage again in the state of California after its approval in the 2008 election. From November 5, 2008, to June 27, 2013, same-sex couples could not marry in the state, although existing marriages remained valid. The issue was wrapped up in the courts during that time. Then, in Hollingsworth v. Perry, the United States Supreme Court restored a federal district court ruling which had overturned Proposition 8, declaring the law unconstitutional.[18]
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History
- 1849: The Constitution of California created the state supreme court with a chief justice and two associate justices who would be elected by a lesislative vote.
- 1862: With an amendment to the constitution, the court was given jurisdiction to hear a wider variety of cases, and the number of justices was increased to five. Terms of the justices were increased from six to 10 years.
- 1879: The number of justices was increased to seven, with term limits increased to 12 years.
- 1926: The Judicial Council of California was established.[19]
Location of the court
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 moved to Sacramento in 1855, and returned to San Francisco in the 1870s. In 1874, the state legislature ordered that the court would hear cases for two months of each year in both San Francisco and Sacramento.[19]
Notable firsts
- 1977: Rose Bird became the first female justice to serve on the court. She was also the court's first female chief justice.[20]
- 1989: Justice Joyce Kennard was the first Asian-American, and only the second woman, to serve on the court.[21][22]
- 2010: Tani Cantil-Sakauye became the first non-Caucasian to serve as chief justice of the court.[23]
Former justices
| Former justices of the California Supreme Court:[24] | click for list → |
| Name: | Dates served: |
| Joyce Kennard | 1989-2014 |
| Carlos R. Moreno | 2001–2011 |
| Ronald George | 1991–2011 |
| Janice Brown | 1996–2005 |
| Stanley Mosk | 1964–2001 |
| Armand Arabian | 1990–1996 |
| Malcolm M. Lucas | 1984–1996 |
| Edward A. Panelli | 1985–1994 |
| David N. Eagleson | 1987–1991 |
| Allen E. Broussard | 1981–1991 |
| Marcus M. Kaufman | 1987–1990 |
| John A. Arguelles | 1987–1989 |
| Joseph R. Grodin | 1982–1987 |
| Cruz Reynoso | 1982–1987 |
| Rose Bird | 1977–1987 |
| Otto M. Kaus | 1981–1985 |
| Frank K. Richardson | 1974–1983 |
| Frank C. Newman | 1977–1982 |
| Mathew O. Tobriner | 1962–1982 |
| Wiley W. Manuel | 1977–1981 |
| William P. Clark, Jr. | 1973–1981 |
| Donald R. Wright | 1970–1977 |
| Marshall F. McComb | 1956–1977 |
| Raymond L. Sullivan | 1966–1977 |
| Louis H. Burke | 1964–1974 |
| Raymond E. Peters | 1959–1973 |
| Roger J. Traynor | 1940–1970 |
| Paul Peek | 1962–1966 |
| B. Rey Schauer | 1942–1964 |
| Phil S. Gibson | 1939–1964 |
| Maurice T. Dooling, Jr. | 1960–1962 |
| Thomas P. White | 1959–1962 |
| Homer R. Spence | 1945–1960 |
| Jesse W. Carter | 1939-1959 |
| John W. Shenk | 1924–1959 |
| Douglas L. Edmonds | 1936–1955 |
| Jesse W. Curtis | 1926–1945 |
| Frederick W. Houser | 1937–1942 |
| William H. Waste | 1921–1940 |
| William H. Langdon | 1927–1939 |
| Emmet Seawell | 1923–1939 |
| Ira F. Thompson | 1932–1937 |
| Nathaniel P. Conrey | 1935–1936 |
| John W. Preston | 1926–1935 |
| John E. Richards | 1924–1932 |
| Jeremiah F. Sullivan | 1926–1927 |
| Frank G. Finlayson | 1926–1926 |
| Louis W. Myers | 1923–1926 |
| Thomas J. Lennon | 1919–1926 |
| William P. Lawlor | 1915–1926 |
| Frank H. Kerrigan | 1923–1924 |
| Curtis D. Wilbur | 1918–1924 |
| Terry W. Ward | 1922–1923 |
| Lucien Shaw | 1903–1923 |
| Charles A. Shurtleff | 1921–1922 |
| William A. Sloane | 1920–1922 |
| Warren Olney, Jr. | 1919–1921 |
| Frank M. Angellotti | 1903–1921 |
| Henry A. Melvin | 1908–1920 |
| M. C. Sloss | 1906–1919 |
| William G. Lorigan | 1903–1919 |
| Frederick W. Henshaw | 1895–1918 |
| Matt I. Sullivan | 1914–1915 |
| William H. Beatty | 1889–1914 |
| Thomas B. McFarland | 1887–1908 |
| Walter Van Dyke | 1899–1905 |
| Ralph C. Harrison | 1891–1903 |
| Charles H. Garoutte | 1891–1903 |
| W. C. Van Fleet | 1894–1899 |
| William F. Fitzgerald | 1893–1895 |
| John J. De Haven | 1891–1895 |
| A. Van R. Paterson | 1887–1894 |
| John R. Sharpstein | 1880–1892 |
| James D. Thornton | 1880–1891 |
| Charles N. Fox | 1889–1891 |
| John D. Works | 1888–1891 |
| Niles Searls | 1887–1889 |
| E. W. McKinstry | 1874–1888 |
| Milton H. Myrick | 1880–1887 |
| Samuel Bell McKee | 1880–1887 |
| Robert F. Morrison | 1879–1887 |
| Erskine M. Ross | 1880–1886 |
| Addison C. Niles | 1872–1880 |
| Joseph B. Crockett | 1867–1880 |
| William T. Wallace | 1869–1879 |
| Isaac S. Belcher | 1872–1874 |
| Jackson Temple | 1870–1872 |
| Royal T. Sprague | 1868–1872 |
| Augustus L. Rhodes | 1864–1872 |
| Lorenzo Sawyer | 1864–1870 |
| Silas W. Sanderson | 1864–1870 |
| John Currey | 1864–1868 |
| Oscar L. Shafter | 1864–1867 |
| E. B. Crocker | 1863–1864 |
| Edward Norton | 1861–1864 |
| W. W. Cope | 1859–1864 |
| Stephen J. Field | 1857–1863 |
| Joseph G. Baldwin | 1858–1862 |
| David S. Terry | 1855–1859 |
| Peter H. Burnett | 1857–1858 |
| Solomon Heydenfeldt | 1852–1857 |
| Hugh C. Murray | 1851–1857 |
| Charles H. Bryan | 1854–1855 |
| Alexander Wells | 1853–1854 |
| Alexander O. Anderson | 1852–1853 |
| Henry A. Lyons | 1849–1852 |
| Serranus Clinton Hastings | 1850–1852 |
| Nathaniel Bennett | 1849–1851 |
See also
External links
- ↑ 1.0 1.1 California Courts, "About the Supreme Court," accessed December 23, 2014
- ↑ 2.0 2.1 2.2 California Courts, "Supreme Court of California Booklet," 2007
- ↑ American Judicature Society, "Methods of Judicial Selection: California," accessed December 23, 2014
- ↑ California Court System, "2014 Court Statistics Report"
- ↑ California Court System, "Fiscal Year 2012, Statewide Caseload Trends"
- ↑ California Court System, "Fiscal Year 2011, Statewide Caseload Trends"
- ↑ California Court System, "Fiscal Year 2010, Statewide Caseload Trends"
- ↑ California Court System, "Fiscal Year 2009, Statewide Caseload Trends"(scroll to page 4)
- ↑ Los Angeles Times, "California Supreme Court headed for change," April 4, 2014
- ↑ Stanford Law School, "Justice Goodwin Liu," accessed April 22, 2014
- ↑ California Secretary of State Voter Guide, "Justices of the Supreme Court," accessed August 26, 2014
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ California Courts, "California Code of Judicial Conduct," accessed December 23, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- ↑ American Judicature Society, "Methods of Judicial selection: Removal of Judges," accessed December 23, 2014
- ↑ Center for Public Integrity, "State supreme court judges reveal scant financial information," December 5, 2013
- ↑ The Los Angeles Times, "Gay marriage ban overturned," May 17, 2008
- ↑ Huffington Post, "Supreme Court Rules On Prop 8, Lets Gay Marriage Resume In California," June 26, 2013
- ↑ 19.0 19.1 California Supreme Court Historical Society, "History of the California Supreme Court," accessed December 23, 2014
- ↑ New York Times, "Rose Bird, Once California's Chief Justice, Is Dead at 63," December 6, 1999
- ↑ California Courts, "Judge Kennard Official biography," accessed December 23, 2014
- ↑ Filipino Bar Association of Northern California, "A CELEBRATION OF JUSTICE JOYCE L. KENNARD: TWENTY-FIVE YEARS ON THE CALIFORNIA SUPREME COURT," accessed December 23, 2014
- ↑ Sacramento Bee, "Cantil-Sakauye sworn-in as state Supreme Court chief justice," December 3, 2010
- ↑ California Courts, "Past & Present Justices," accessed December 23, 2014