University:
California State University, Northridge
Course:
POLS 490CA | Supervised Individual Project—California Government
Academic year:

2024
Views:

306

Pages:

18
Author:

Keenan Mcguire

California Government – Part III   The California Judiciary The Budget Process The California Judiciary  The Judiciary’s role is to: – give everyone fair access to the courts to solve legal problems fairly and efficiently. – decide justly the guilt or innocence of anyone charged with a crime, and – interpret the laws and protect the rights and liberties guaranteed by the Constitutions of California and the United States.  In California, the courts are divided into two systems: federal and state. This section tells you about the state courts in California. California has two types of state courts: – Trial Courts – Appellate Courts  Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.  Superior Courts handle: – All criminal cases (felonies, misdemeanors, and traffic tickets) – All civil cases (family law, probate, juvenile, and other civil cases) – Appeals of small claims cases and other civil cases worth $25,000 or less – Appeals of misdemeanor cases  Appellate Courts There are two types of Appellate Courts: – Courts of Appeal – California Supreme Court  There are 6 Courts of Appeal and one California Supreme Court.  Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: First District: San Francisco Second District: Los Angeles Third District: Sacramento Fourth District: San Diego (Division One) Fifth District: Fresno Sixth District: San Jose  The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. The Courts of Appeal cannot review death penalty cases.  A panel of three justices decides appeals from Superior Courts. The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge's decision. The Courts’ opinions are public and are posted on the Supreme Court's website  California Supreme Court The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal. Death penalty appeals and Disciplinary cases involving judges or lawyers go directly to the state supreme court.  The Court conducts regular sessions in San Francisco, Los Angeles, and Sacramento. There are 7 justices on the Supreme Court, and at least 4 must agree on the final decision. Judicial Appointments  Judges are appointed by the Governor then confirmed by the voters at the next general election. After the end of their 12year term, they must be confirmed by the voters again.  To be eligible for appointment potential judges must have passed the California Bar Examination or have served as a judge of a court of record in California for 10 years before their appointment. California Budget Process  JULY 9 - SEPTEMBER 15 Department directors and agency heads initiate detailed reviews and proposal development to arrive at specific requests for each program. These requests are then sent to the Department of Finance for review.  OCTOBER - JANUARY 10 The governor evaluates the requests as reviewed by the Department of Finance and sends his or her proposed budget to the Legislature.  JANUARY – FEBRUARY The budget proposal is introduced in both the Assembly and the Senate as identical budget bills. The Legislative Analyst prepares an extensive analysis of the budget bill which becomes the starting point for budget subcommittee hearings in the Senate and Assembly.  MARCH – APRIL The budget bills are sent from each house to their respective budget committees. The bills are then broken down by subject and assigned to the appropriate subcommittees by subject areas. After completion of the hearings, each subcommittee votes and then sends its report to the full budget committee.  LATE APRIL - JUNE 15 (The May Revise) The budget committee of each house considers the subcommittees’ reports and sends a revised budget bill to the floor for evaluation by the full body. Each house discusses and then votes on its version of the budget bill.  May Revise continued The differences between the Assembly and Senate versions of the budget bill are worked out in a conference committee made up of three members from each house. The Senate and Assembly each vote on this final version before it is sent to the governor.  JUNE 15 - JULY 1 The governor receives the budget bill and has until July 1, the start of the fiscal year, to sign or veto the budget bill. The bill becomes law as soon as it is signed by the governor due to its status as an urgency measure. Budget Impasse redux  It’s been increasingly difficult to pass budgets in California due to the 2/3 majority required and the increasingly difficult equation of increasing costs of services and reduced revenues.  2008 holds the record for budget tardiness – 85 days late (September 26, 2008)  Last record – 61 days late (August 31, 2002).

California Government – Part III

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