Government of California - AbsoluteAstronomy.com

For information about current politics, see Politics of California
Politics of California
The recent and current politics of the U.S. state of California are complex and involve a number of entrenched interests. .-Political issues:...

; for information about historical politics, see Politics of California to 1899
Politics of California to 1899
-Statehood :Following the declaration of the independent California Republic in 1846, and the armed conquest of California by United States military forces and American volunteers during the Mexican-American War, California was administered by the U.S. military from 1846 to 1850...

.

The government of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

operates in the context of a democratic

Democracy

Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

republic

Republic

A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...

with three branches of government

Separation of powers

The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

: the executive branch consisting of the Governor of California

Governor of California

The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...

and the other elected constitutional officers; the legislative branch consisting of the California State Legislature

California State Legislature

The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...

which includes the Assembly and the Senate

California State Senate

The California State Senate is the upper house of the California State Legislature. There are 40 state senators. The state legislature meets in the California State Capitol in Sacramento. The Lieutenant Governor is the ex officio President of the Senate and may break a tied vote...

; and the judicial branch consisting of the Supreme Court of California

Supreme Court of California

The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...

and lower courts. The state also allows direct participation

Direct democracy

Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...

of the electorate by initiative

Initiative

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...

, referendum

Referendum

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

, recall

Recall election

A recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...

and ratification

Ratification

Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...

.

Government is exercised through state agencies and commissions as well as local governments consisting of counties, cities and special districts including school districts.

Constitution and law

California

California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

's constitution is one of the longest collections of laws in the world, taking up 110 pages. Part of this length is caused by the fact that many voter initiatives take the form of a constitutional amendment.

Many of the individual rights clauses in the state constitution have been construed as providing rights even broader than the Bill of Rights

United States Bill of Rights

The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...

in the federal constitution. An excellent example is the case of Pruneyard Shopping Center v. Robins

Pruneyard Shopping Center v. Robins

Pruneyard Shopping Center v. Robins, , was a U.S. Supreme Court decision issued on June 9, 1980 which arose out of a free speech dispute between the Pruneyard Shopping Center in Campbell, California, and several local high school students...

, in which "free speech" rights beyond those required by the First Amendment to the United States Constitution

First Amendment to the United States Constitution

The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

were found in the California Constitution by the California courts.

Big Five

The Big Five is an informal institution of California

California

California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

government, consisting of the governor

Governor of California

, the Assembly

California State Assembly

The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...

speaker

Speaker (politics)

The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

, the Assembly minority leader

Minority leader

In U.S. politics, the minority leader is the floor leader of the second largest caucus in a legislative body. Given the two-party nature of the U.S. system, the minority leader is almost inevitably either a Republican or a Democrat, with their counterpart being of the opposite party. The position...

, the Senate

California State Senate

president pro tempore

President pro tempore

A President pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer...

, and the Senate minority leader. Members of the Big Five meet in private to discuss bills pending in the legislature. Because the party caucus leaders in California's legislature also control the party's legislative campaign funds, the leaders wield tremendous power over their caucus members. They are thus able to exert some influence in their caucus's votes in Big Five meetings. Therefore, if all five members agree to support a Bill, it will likely pass into law.

Executive branch

California's executive branch is headed by the Governor

Governor of California

. Other executive positions are the Lieutenant Governor

Lieutenant Governor of California

The Lieutenant Governor of California is a statewide constitutional officer elected separately from the Governor who serves as the "vice-executive" of California. The Lieutenant Governor of California is elected to serve a four year term and can serve a maximum of two terms...

, Attorney General, Secretary of State, State Treasurer

California State Treasurer

The California State Treasurer is responsible for the state's investment and finance. The post has more narrow responsibilities and authority than the California State Controller...

, State Controller

California State Controller

The State Controller is the Chief Financial Officer of the State of California in the United States. The post has broader responsibilities and authority than the California State Treasurer...

, Insurance Commissioner

California Insurance Commissioner

California Insurance Commissioner is an elected executive office position in California. The officeholder is in charge of the California Department of Insurance.The current Insurance Commissioner is Democrat Dave Jones.- Duties :...

, and the State Superintendent of Public Instruction

California State Superintendent of Public Instruction

The State Superintendent of Public Instruction of California is the nonpartisan elected executive officer of the California Department of Education. The SPI directs all functions of the Department of Education and executes policies set by the California State Board of Education...

. All offices are elected separately to concurrent four-year terms. Each officer may be elected to an office a maximum of two times. Other statewide elected offices that no longer exist include the Comptroller (which became Controller in 1862), the Surveyor General (1849–1926), and the Clerk of the Supreme Court.

The Governor has the powers and responsibilities to: sign

Signature

A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...

or veto

Veto

A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

s passed by the Legislature

Legislature

A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

, including a line item veto; appoint judges, subject to ratification

Ratification

by the electorate; propose a state budget; give the annual State of the State address
State of the State Address
The State of the State Address is a speech customarily given once each year by the governors of most states of the United States. The speech is customarily delivered before both houses of the state legislature sitting in joint session, with the exception of the Nebraska Legislature, which is a...

; command the state militia

Militia

The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...

; and grant pardon

Pardon

Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...

s for any crime, except cases involving impeachment

Impeachment

Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

by the Legislature. The Governor and Lieutenant Governor also serve as ex officio members of the University of California

University of California

The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...

Board of Regents

In the United States, a board often governs public institutions of higher education, which include both state universities and community colleges. In each US state, such boards may govern either the state university system, individual colleges and universities, or both. In general they operate as...

and of the California State University

California State University

The California State University is a public university system in the state of California. It is one of three public higher education systems in the state, the other two being the University of California system and the California Community College system. It is incorporated as The Trustees of the...

Board of Trustees.

The Lieutenant Governor is the President of the California Senate and acts as the governor when the Governor is unable to execute the office, including whenever the Governor leaves the state. As the offices are elected separately, the two could conceivably be from separate parties

Political party

A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

; the case with Republican Governor Arnold Schwarzenegger

Arnold Schwarzenegger

Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....

and Democratic Lieutenant Governor John Garamendi

John Garamendi

John Raymond Garamendi is the U.S. Representative for , serving since November 2009. He is a member of the Democratic Party. Garamendi was the California State Insurance Commissioner from 1991 to 1995, the U.S. Deputy Secretary of the Interior from 1995 to 1998, and the California State Insurance...

. This has led to interesting scenarios; when Republican Lieutenant Governor Mike Curb

Mike Curb

Michael Curb is an American musician, record company executive, NASCAR and IRL race car owner. A Republican, he served as the 42nd Lieutenant Governor of California from 1979-1983 under Democratic Governor Edmund G. "Jerry" Brown, Jr...

was temporarily in power while Democratic Governor Jerry Brown

Jerry Brown

Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...

was out of the state, Curb appointed judges to vacant seats and signed or vetoed bills which Brown would have vetoed or signed, respectively.

State agencies

State government is organized into several dozen departments, of which most have been grouped together into agencies to reduce the number of people who report directly to the Governor.

The main cabinet-level agencies are the:

California Business, Transportation and Housing Agency
California Business, Transportation and Housing Agency
The California Business, Transportation and Housing Agency is a state cabinet-level agency in the government of California. The Business, Transportation and Housing Agency is responsible for oversight of 14 offices and departments and four economic development programs and initiatives within the...

(BTH)
California Environmental Protection Agency
California Environmental Protection Agency
The California Environmental Protection Agency is a state cabinet-level agency within the government of California. Cal/EPA is composed of six departments, boards and offices responsible for environmental research, regulating and administering the state's environmental protection programs, and...

(Cal/EPA)
California Health and Human Services Agency
California Health and Human Services Agency
The California Health and Human Services Agency is the state agency tasked with administration and oversight of "state and federal programs for health care, social services, public assistance and rehabilitation" in the U.S. state of California. The agency is headed by the Secretary of the...

(CHHS)
California Labor and Workforce Development Agency
California Labor and Workforce Development Agency
The California Labor and Workforce Development Agency is a cabinet-level California state agency that coordinates workforce programs by overseeing seven major departments dealing with benefit administration, enforcement of California labor laws, appellate functions related to employee benefits,...

(LWDA)
California Natural Resources Agency (CNRA)
California State and Consumer Services Agency
California State and Consumer Services Agency
The California State and Consumer Services Agency is a state cabinet-level agency of the executive branch of the U.S. state of California. The current secretary of the SCSA is former Assembly Member Anna Caballero. Caballero, appointed by Governor Jerry Brown, replaced Governor Arnold...

(SCSA)
California Department of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation
The California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...

(CDCR)

Generally, a Cabinet-level head of an agency in California holds the title of "secretary", while the head of a department holds the title of "director." Exceptions include the head of the Department of the California Highway Patrol

California Highway Patrol

The California Highway Patrol is a law enforcement agency of the U.S. state of California. The CHP has patrol jurisdiction over all California highways and also acts as the state police....

, whose title is actually "commissioner."

The vast majority of state government agencies and departments are headquartered in Sacramento or in parts of Sacramento County near the city of Sacramento; in turn, the larger agencies and departments also have local offices around the state which report to headquarters in Sacramento. Notable exceptions include the California Public Utilities Commission and the California Department of Industrial Relations, which are both headquartered in San Francisco.

Legislative branch of California

Constitutional Basis

The basic form of law in California

California

California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

is a republic

Republic

, governed by democratically elected state Senators and Assembly members. The governing law is a constitution

Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

, interpreted by the California Supreme Court, whose members are appointed by the Governor

Governor of California

, and ratified at the next general election. The constitution can be changed by initiative

Initiative

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...

s passed by voters. Initiatives can be proposed by the governor, legislature, or by popular petition

Petition

A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....

, giving California one of the most flexible legal systems in the world. The constitution makes the California legislature bicameral, with a Senate and an Assembly.

Redistricting

California's legislature has engaged in some rather unusual redistricting practices (noted in detail in Politics of California#Bi-partisan gerrymandering). The result is that virtually all Assembly and Senate district lines have been drawn in a way so as to favor one party or the other, and it is rare for a district to suddenly shift party allegiance

Allegiance

An allegiance is a duty of fidelity said to be owed by a subject or a citizen to his/her state or sovereign.-Etymology:From Middle English ligeaunce . The al- prefix was probably added through confusion with another legal term, allegeance, an "allegation"...

Codification in California

In 1872, under the influence of David Dudley Field, California began codifying its laws. California was one of the earliest American states (the first was New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

), to codify its statutes into named codes (Civil Code

Civil code

A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...

, Code of Civil Procedure, and so on).

Prior to the 1840s, legislatures in all common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

jurisdictions passed "Act

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

s" in a completely haphazard manner and published them in the order passed. The result was that to determine what the current statutory law was, a lawyer would have to find the earliest relevant act and then trace a path from past to present through a series of acts passed at different dates to determine which rules had been expanded, overruled, or superseded. The advantage of a code

Code

A code is a rule for converting a piece of information into another form or representation , not necessarily of the same type....

is that once the legislature gets into the habit of writing acts as amendment

Bill (proposed law)

A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

s to the code, then the official copy of the code will reflect what the current statutory law

Statutory law

Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...

is.

Since then, virtually all states and the federal government have followed the lead of California and New York and codified their statutes. However, they have preferred to write a single code divided into numbered titles. Today, only California, New York, and Texas have systems of separate subject-specific codes.

Many of the code sections have become famous throughout the U.S.

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, like Business and Professions Code Section 17200 (unfair competition), Code of Civil Procedure Section 425.16 (anti-SLAPP special motion), Penal Code

California Penal Code

The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....

Section 187

187 (murder)

187 is a slang term for the crime of murder; it refers to Section 187 of the California Penal Code, which defines the crime of murder. The number is commonly pronounced by reading the digits separately as "one-eight-seven", or "one-eighty-seven", rather than "one hundred eighty-seven".The number...

(murder), and Penal Code Sections 667 and 1170.12 (both codifying the state three-strikes law). Also, the Federal Rules of Evidence

Federal Rules of Evidence

The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....

were inspired by the success of the California Evidence Code.

Relations with the Executive Branch

As part of the system of checks and balances, the Legislature has statutory influence over the funding, organization, and procedures used by agencies of the executive branch. It also has the authority to appoint citizens to policy-making committees in the executive branch and to designate members of the Legislature to serve on agency boards. Many appointments made by the governor are subject to legislative approval.

Judicial branch

The judicial system of California is the largest in the United States that is fully staffed by professional law-trained judges; a person must be admitted to practice law before they can become a judge in California. The state judiciary has approximately 1,600 judges that hear over 8 million cases each year (with the assistance of 19,000 staff members and 400 judicial "equivalents" like commissioners and referees).

In comparison, the federal judicial system has only about 840 judges. Although New York and Texas technically have more judicial officers, a large number of them are not attorneys and have no formal legal training. California formerly had "justice of the peace

Justice of the Peace

A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

" courts staffed by lay judges, but gradually phased them out after a landmark 1974 decision in which the Supreme Court of California

Supreme Court of California

unanimously held that it was a violation of due process to allow a non-lawyer to preside over a criminal trial which could result in incarceration of the defendant.

Today, California's system is divided into three levels, with the Supreme Court and Courts of Appeal serving as appellate courts reviewing the decisions of the Superior Courts. Judicial selection and retention is conducted under a modified version of the Missouri Plan

Missouri Plan

The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...

Supreme Court

The California Supreme Court

Supreme Court of California

consists of the Chief Justice of California and six Associate Justices, who are appointed by the Governor and confirmed by the California Commission on Judicial Appointments. Justices are also ratified by the electorate at the next general election following their appointment and at the end of each twelve year term. The Supreme Court's decisions are binding on all lower state courts.

The Court has original jurisdiction

Original jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...

in a variety of cases, including habeas corpus

Habeas corpus

is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

proceedings, and has the authority to review all the decisions of the California Courts of Appeal, as well as an automatic appeal for cases where the death penalty has been issued by the trial court.

The Court deals with about 8,800 cases per year, although review is discretionary in most cases, and it dismisses the vast majority of petitions without comment. It hears arguments and drafts full opinions for about 100 to 120 cases each year, of which about 20 are automatic death penalty appeals.

The Supreme Court is headquartered in San Francisco, with branch offices in Los Angeles

Los Ángeles

Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

and Sacramento

Sacramento, California

Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...

. It hears oral arguments each year in all three locations.

The Supreme Court supervises the lower courts through the Judicial Council of California

Judicial Council of California

The Judicial Council of California is the rule-making arm of the California court system. It was created by an amendment to article VI of the California Constitution in 1926...

, and also supervises California's legal profession through the State Bar of California

State Bar of California

The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...

. All lawyer admissions and disbarments are done through recommendations of the State Bar, which are then routinely ratified by the Supreme Court. California's bar is the largest in the U.S. with 200,000 members, of whom 150,000 are actively practicing.

Courts of Appeal

The California Courts of Appeal were added to the judicial branch by a constitutional amendment in 1904. The courts are organized into six districts, the First Appellate District in San Francisco, the Second District in Los Angeles, the Third District in Sacramento, the Fourth District in San Diego

San Diego, California

San Diego is the eighth-largest city in the United States and second-largest city in California. The city is located on the coast of the Pacific Ocean in Southern California, immediately adjacent to the Mexican border. The birthplace of California, San Diego is known for its mild year-round...

, the Fifth District in Fresno

Fresno, California

Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...

, and the Sixth District in San Jose

San Jose, California

San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...

. The districts are further divided into 19 divisions sitting throughout the state at 9 locations, and there are 105 justices serving on the Courts.

Unlike the state supreme court, the Courts of Appeal have mandatory review jurisdiction under the informal legal tradition in common law countries that all litigants are entitled to at least one appeal. In practice, this works out to about 16,000 appeals per year, resulting in 12,000 opinions (not all appeals are pursued properly or are meritorious enough to justify an opinion).

Under the common law, judicial opinions themselves have legal effect through the rule of stare decisis

Stare decisis

Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...

. But because of their crushing caseloads (about 200 matters per justice per year), the Courts of Appeal are permitted to take the shortcut of selecting only the best opinions for publication. This way, they can draft opinions fast and quickly dispose of the vast majority of cases, without worrying that they are accidentally making bad law. About 7% of their opinions are ultimately selected for publication and become part of California law.

Court of Appeal justices are selected, confirmed, and ratified just like the Supreme Court justices, although only the electorate in the appellate district vote to ratify the justices.

Superior Courts

Each of California's 58 counties has its own superior court, which adds up to a total of 58 Superior Courts of California

Superior Courts of California

The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency...

. The Superior Courts have general jurisdiction over all civil and criminal matters, with the exception of certain limited areas like workers' compensation

Workers' compensation

Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...

where original jurisdiction is reserved by statute to government agencies.

Before 1998, each county also had municipal or justice courts that heard some of the cases. In June, 1998, California passed Proposition 220, which allowed the judges in each county to determine if the county should have only one trial court. By 2001, all 58 counties had consolidated their courts into a single Superior Court.

Judges are either appointed by the governor after being reviewed by the Commission on Judicial Nominees Evaluation (JNE) if a vacancy is created during a sitting judges six-year term, or elected by the county residents in nonpartisan elections if the vacancy occurs at the end of a six-year term. Additionally, every six years all judges, both elected and appointed, are up for reelection. All Superior Court judges must have been either a member of the State Bar of California

State Bar of California

or a judge in the state for ten years prior to taking office. There are a total of about 1,500 Superior Court judges, assisted by 380 commissioners and 35 referees.

Power of the Courts of Appeal over the Superior Courts

In California, the power of the intermediate Courts of Appeal over the Superior Courts is quite different from the power of the Courts of Appeals of the federal government over the federal district courts.

The first Court of Appeal to rule on a new legal issue will bind all lower Superior Courts statewide. However, litigants in other appellate districts may still appeal a Superior Court's adverse ruling to their own Court of Appeal, which has the power to fashion a different rule. When such a conflict arises, all Superior Courts have the discretion to choose which rule they like until the California Supreme Court grants review and creates a single rule that binds all courts statewide. However, where a Superior Court lies within one of the appellate districts actually involved in such a conflict, it will usually follow the rule of its own Court of appeal.

Independent entities

There are many government entities and offices that are under neither executive, legislative, judicial, or local control, but operate independently on a Constitutional, statutory, or common law basis.

Examples include the:

Regents of the University of California
Regents of the University of California
The Regents of the University of California make up the governing board of the University of California. The Board has 26 full members:* The majority are appointed by the Governor of California for 12-year terms....
California Public Utilities Commission
California Public Utilities Commission
The California Public Utilities Commission is a regulatory agency which regulates privately owned public utilities in the state of California, including electric power, telecommunications, natural gas and water companies...

Local government

California is divided into counties which are legal subdivisions of the state. There are 58 California counties, 480 California cities, and about 3,400 Special Districts and School Districts. Special Districts deliver specific public programs and public facilities to constituents, and are defined as "any agency of the state for the local performance of governmental or proprietary functions within limited boundaries."

To bring the fragmentation of local government power under control, the state Legislature created Local Agency Formation Commission

Local Agency Formation Commission

A Local Agency Formation Commission is one of several decision making government entities in California with the responsibility to decide boundary issues pertaining to city and county lands, including spheres of influence, and issues about the annexation of county lands into a city or special...

s in all counties except San Francisco in 1963.

External links

California Government official website
California Courts official website

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Constitution and law

Big Five

Executive branch

State agencies

Legislative branch of California

Constitutional Basis

Redistricting

Codification in California

Relations with the Executive Branch

Judicial branch

Supreme Court

Courts of Appeal

Superior Courts

Power of the Courts of Appeal over the Superior Courts

Independent entities

Local government

See also

External links