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California Commission on Judicial Appointments

From Wikipedia, the free encyclopedia

The California Commission on Judicial Appointments is a body of the government of California established in its current form in 1979 that is responsible for reviewing and confirming justices appointed by the Governor of California to the Supreme Court of California and judges appointed by the Governor to the California Courts of Appeal.[1] The commission consists of the Chief Justice, the Attorney General of California, and the state's senior presiding justice of the California Courts of Appeal.[2] The senior Associate Justice fills the Chief Justice's spot on the commission when a new Chief Justice is nominated.

The Commission initially continued the evaluative role of its predecessor, the California Commission on Judicial Qualifications, and was first proposed for that purpose through a ballot proposition in the election of November 1960.[3] In 1961, California Assemblyman John A. Busterud proposed to expand the power of the Commission to require its approval for the Governor to appoint judges,[4] which was endorsed by Caspar Weinberger.[5] A bill to that effect was introduced in 1963.[6]

The Commission has been criticized by various groups since shortly after its creation.[7] A 2012 study of court appointment systems found that the existence of the Commission increased the chances that a California governor would appoint justices with a different party affiliation from their own.[8]

References

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  1. ^ National Center for State Courts, State of California.
  2. ^ "How are high courts' justices elected in California?", Westwood Pine Press (September 9, 1998), 10B.
  3. ^ "State Bar Opinion Given On November Ballot Propositions No. 10 and 13", The Placer Herald (July 7, 1960), p. 2.
  4. ^ "Busterud for Paring State's Constitution", The San Francisco Examiner (January 4, 1961), Sec. I, p. 4.
  5. ^ Caspar Weinberger, "New Move To Give People More Say In Appointment Of Judges", Redlands Daily Facts (May 19, 1961), p. 10.
  6. ^ "The Day in Sacramento", Oakland Tribune (February 6, 1963), p. 4.
  7. ^ John H. Culver, "Politics and the California Plan for Choosing Appellate Judges: A Lesson at Large on Judicial Selection", 66 Judicature 151 (1982-1983).
  8. ^ Aman McLeod, "The Party on the Bench: Partisanship, Judicial Selection Commissions, and State High-Court Appointments", Justice System Journal (2012), Volume 33, Issue 3, p. 262-274.
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