California Constitution Article VI - Judicial [Sections 1 - 22]
California Constitution – Article VI: Judicial [Sections 1–22]
Overview:
Article VI of the California Constitution establishes the judicial branch of California’s state government. It defines the structure, powers, and administration of the courts, the qualifications and terms of judges, and related legal procedures.
Below is a summary of each section from Sections 1 to 22:
§1 – Judicial Power
The judicial power of the state is vested in the Supreme Court, Courts of Appeal, Superior Courts, and other courts established by the Legislature.
§2 – Supreme Court
The Supreme Court has 1 Chief Justice and 6 Associate Justices.
Quorum: 4 justices are needed for business.
Jurisdiction includes reviewing decisions of Courts of Appeal and certain death penalty cases.
§3 – Courts of Appeal
Divided into districts as determined by the Legislature.
Judges are nominated by the Governor and confirmed by the Commission on Judicial Appointments.
§4 – Superior Courts
One Superior Court in each county.
Handles civil and criminal cases, family law, probate, etc.
Judges are elected by voters within the county.
§5 – Judicial Council
The Judicial Council is the governing body for the courts.
Oversees court rules, procedures, and administration.
Chaired by the Chief Justice.
§6 – Commission on Judicial Appointments
Confirms the Governor’s nominations to the Supreme Court and Courts of Appeal.
Includes the Chief Justice, the Attorney General, and the senior presiding justice of the Court of Appeal in the relevant district.
§7 – Commission on Judicial Performance
Investigates complaints of judicial misconduct.
May remove, censure, or retire judges.
Composed of judges, lawyers, and public members.
§8 – Qualifications of Judges
Must be a member of the State Bar for at least 10 years.
No mandatory retirement age, but judges may be retired for disability.
§9 – Judicial Elections and Terms
Supreme Court and Court of Appeal justices: Appointed, then subject to retention elections every 12 years (Supreme) or 4 years (Appellate).
Superior Court judges: Elected to 6-year terms.
§10 – Rules of Court
The Judicial Council can adopt rules to govern court administration, practice, and procedure, subject to law.
§11 – Venue
Governs where lawsuits can be filed and tried, generally in the county where the events occurred.
§12 – Transfer of Cases
Higher courts can transfer cases from lower courts for review or decision.
§13 – Decisions of Courts
Courts must provide written opinions with reasons stated in writing.
Decisions must be public.
§14 – Judicial Discipline
Allows for censure, removal, or retirement of judges by the Commission on Judicial Performance, subject to review by the Supreme Court.
§15 – Disqualification of Judges
Judges must recuse themselves if there’s a conflict of interest or bias.
Rules established to ensure fair adjudication.
§16 – Salaries
Judicial salaries are fixed by law.
Cannot be reduced during the term of a judge.
§17 – Temporary Assignments
The Chief Justice may assign judges to other courts temporarily to manage workload.
§18 – Retirement and Removal
Judges may be retired for disability or removed for misconduct, incompetence, or conviction of a felony.
§19 – Court Reporters
Superior Courts must provide court reporters in felony cases and upon request in others.
Transcripts are made for appeals.
§20 – Resignation and Reappointment
Judges who resign may not be reappointed to the same court during the term they resigned from.
§21 – Subordinate Judicial Officers
Legislature may authorize commissioners or referees to handle judicial matters under judge supervision.
§22 – Publication of Opinions
Supreme Court and Courts of Appeal must publish their opinions as public records.
Opinions must be available to the public and may be used as precedent.
Summary:
Article VI provides a detailed constitutional framework for California’s independent and coequal judicial branch, ensuring:
Judicial accountability,
Transparency,
Professional standards,
And fair administration of justice throughout the state.
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