← Older revision
Revision as of 01:45, 18 August 2012
Line 3:
Line 3:
-
[[File:
SealofCA
.png|link=California|alt=California|center|150px|California]]
+
[[File:
Seal of California
.png|link=California|alt=California|center|150px|California]]
Line 12:
Line 12:
-
+
The '''California Commission on Judicial Performance''' is a constitutionally mandated independent [[state judge disciplinary agencies|judicial disciplinary agency]] in [[California]]. It is responsible for investigating complaints of judicial misconduct and judicial incapacity, as well as for disciplining judges.
[http://cjp.ca.gov/ ''State of California Commission on Judicial Performance'', "Home"]
==Composition of the Commission==
==Composition of the Commission==
-
The Commission consists of
+
The Commission consists of
eleven members: three judges, two lawyers, and six members of the public. All members serve four year terms with a two term and ten year limit.
+
* The judges include one judge of the [[California Courts of Appeal|Court of Appeals]] and two judges of the [[California Superior Courts|Superior Courts]]. All three are appointed by the [[California Supreme Court|Supreme Court]].
[http://cjp.ca.gov/res/docs/appendix/CA_Constitution.pdf ''California State Constitution'', "Article VI"]
+
* The two lawyers must be members of the State Bar of California and have practiced law in the state for 10 years. Both lawyers are appointed by the [[Ballotpedia:Governor of California|Governor]].
+
* The six members of the public must not be current or former judges or members of the State Bar. Two are appointed by the Governor, two by the [[Ballotpedia:California State Senate|Senate Committee on Rules]], and two by the [[Ballotpedia:California State Assembly|Speaker of the Assembly]].
+
* Vacancies are filled by appointed by the same authorities for the remainder of individual terms.
+
+
In 2011 the commission also had 27 authorized staff positions: 16 attorneys and 11 support staff.
[http://cjp.ca.gov/organiztion_budget.htm ''State of California Commission on Judicial Performance'', "Organization & Budget"]
===Members of the Commission===
===Members of the Commission===
-
A current list of the members can be found on the
+
A current list of the members can be found on the
[http://cjp.ca.gov/Commission_Members.htm Commission's website].
==Case flow description==
==Case flow description==
Line 24:
Line 30:
==State laws==
==State laws==
===Constitution===
===Constitution===
-
+
The Commission is governed under [[California Constitution#Section 8|Constitutional Article VI, Section 8]], [[California Constitution#Section 18|Section 18]], [[California Constitution#Section 18.1|Section 18.1]], and [[California Constitution#Section 18.5|Section 18.5]].
===Statutes===
===Statutes===
Line 47:
Line 53:
! valign="bottom" style="background-color:#C6DEFF; color: black;" | Developments
! valign="bottom" style="background-color:#C6DEFF; color: black;" | Developments
|-
|-
-
|'''1960''' || [[Ballotpedia:California Proposition 10, Commission on Judicial Qualifications (1960)|Proposition 10]] amended the [[California Constitution]] to provide for the Commission on Judicial Qualifications.
+
|'''1960''' || [[Ballotpedia:California Proposition 10, Commission on Judicial Qualifications (1960)|Proposition 10]] amended the [[California Constitution]] to provide for the Commission on Judicial Qualifications.
[http://cjp.ca.gov/mandate_legislative_history.htm ''State of California Commission on Judicial Performance'', "Mandate & Legislative History"]
|-
|-
-
|'''1961''' || The Commission began operating.
+
|'''1961''' || The Commission began operating.
|-
|-
-
|'''1966''' || [[
Ballotedpia
:California Proposition 1A, the "Constitutional Revision Amendment" (1966)|Proposition 1a]] "simplified and improved" the constitutional language regarding the Commission and added censure as an approved method of discipline the Supreme Court can use.
+
|'''1966''' || [[
Ballotpedia
:California Proposition 1A, the "Constitutional Revision Amendment" (1966)|Proposition 1a]] "simplified and improved" the constitutional language regarding the Commission and added censure as an approved method of discipline the Supreme Court can use.
|-
|-
-
|'''1976''' || [[Ballotpedia:California Proposition 7 (1976)|Proposition 7]] renamed the Commission to the Commission on Judicial Performance. It provided for the removal or retirement of Supreme Court Justices, allows the for the commission to use private admonishment as a method of discipline, and stated "habitual intemperance" and drug use as reasons for discipline.
+
|'''1976''' || [[Ballotpedia:California Proposition 7
, Commission on Judicial Performance
(1976)|Proposition 7]] renamed the Commission to the Commission on Judicial Performance. It provided for the removal or retirement of Supreme Court Justices, allows the for the commission to use private admonishment as a method of discipline, and stated "habitual intemperance" and drug use as reasons for discipline.
|-
|-
-
|'''1988''' || [[Ballotpedia:California Proposition 92, Commission on Judicial Performance (1988)|Proposition 92]] provided for public hearings and public statements by the commission in certain circumstances. It added public reproval as a method of discipline by the commission. It also imposed term limits on commission members.
+
|'''1988''' || [[Ballotpedia:California Proposition 92, Commission on Judicial Performance (1988)|Proposition 92]] provided for public hearings and public statements by the commission in certain circumstances. It added public reproval as a method of discipline by the commission. It also imposed term limits on commission members.
|-
|-
-
|'''1994''' ||
+
|'''1994''' ||
[[Ballotpedia:California Proposition 190, Judicial Performance and Discipline (1994)|Proposition 190]] made a number of changes to the commission, including requiring open case hearings in all formal charges against judges, giving the authority for censure and remove to the commission from the state Supreme Court, giving the authority to create governing rules to the commission from the Judicial council, and increasing the membership to eleven members.
|-
|-
-
|'''1998''' ||
+
|'''1998''' ||
[[Ballotpedia:California Proposition 221, Oversight of Court Commissioners (1998)|Proposition 221]] provided shared authority with the [[California Superior Courts|superior courts]] over investigation and discipline of subordinate judicial officers
|}
|}
-
-
-
Proposition 190 was passed by the voters in 1994, approving more than a dozen significant changes to the Commission. In addition to mandating open hearings in all cases involving formal charges, the amendment conferred the authority for censure and removal determinations upon the Commission, rather than the Supreme Court, and transferred the authority for promulgating rules governing the Commission from the Judicial Council to the Commission. The membership of the Commission was increased to eleven members and its composition changed to three judges, two lawyers and six citizens.
-
-
In 1998, voters passed Proposition 221, giving the Commission shared authority with the superior courts for the investigation and discipline of subordinate judicial officers.
==Budget==
==Budget==
Line 78:
Line 79:
==Code of Judicial Conduct==
==Code of Judicial Conduct==
-
{{
Arkansas
Code of Judicial
Conduct
}}
+
{{
California
Code of Judicial
Ethics
}}
==Contact information==
==Contact information==