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SCA-13 Courts: appellate jurisdiction.(2013-2014)

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SCA13:v98#DOCUMENT

Amended  IN  Senate  April 01, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Constitutional Amendment
No. 13

Introduced by Senator Anderson

February 22, 2013

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 11 Sections 2, 11, and 12 of Article VI thereof, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


SCA 13, as amended, Anderson. Courts: appellate jurisdiction.
The California Constitution establishes the jurisdiction of the courts, providing that the Supreme Court has appellate jurisdiction when judgment of death has been pronounced. The California Constitution provides that courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, and in other causes prescribed by statute. The California Constitution authorizes the Legislature to permit courts exercising appellate jurisdiction to take evidence and make findings of fact when jury trial is waived or not a matter of right.
This measure would make technical, nonsubstantive changes to these provisions, instead, establish appellate jurisdiction in the courts of appeal in cases when judgment of death has been pronounced.
The California Constitution authorizes the Supreme Court to review the decision of a court of appeal in any cause. Concurrence of 4 judges present at the argument is necessary for a judgment.
This measure would require the Supreme Court to review the decision of a court of appeal in a capital case on an issue necessary to the judgment on which the court of appeal panel was not unanimous, and would authorize the Supreme Court to review other issues in that case. The measure would authorize the Supreme Court to decide the case upon the concurrence of 4 judges without oral argument if the Supreme Court is required to review the decision of a court of appeal on an issue necessary to the judgment on which the court of appeal panel was not unanimous and does not grant review of any additional issues.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2013–14 Regular Session, commencing on the third day of December 2012, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
That Section 11 of Article VI thereof is amended to read:
SEC. 11.

(a)The Supreme Court has appellate jurisdiction when judgment of death has been pronounced. With that exception, courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, and in other causes prescribed by statute. When appellate jurisdiction in civil causes is determined by the amount in controversy, the Legislature may change the appellate jurisdiction of the courts of appeal by changing the jurisdictional amount in controversy.

(b)Except as provided in subdivision (a), the appellate division of the superior court has appellate jurisdiction in causes prescribed by statute.

(c)The Legislature may permit courts exercising appellate jurisdiction to take evidence and make findings of fact when jury trial is either waived or not a matter of right.

First—

 That Section 2 of Article VI thereof is amended to read:

SEC. 2.
 The Supreme Court consists of the Chief Justice of California and 6 associate justices. The Chief Justice may convene the court at any time. Concurrence of 4 four judges present at the argument, except as provided in subdivision (d) of Section 12, is necessary for a judgment.
An acting Chief Justice shall perform all functions of the Chief Justice when the Chief Justice is absent or unable to act. The Chief Justice or, if the Chief Justice fails to do so, the court shall select an associate justice as acting Chief Justice.

Second—

 That Section 11 of Article VI thereof is amended to read:

SEC. 11.
 (a) The Supreme Court has appellate jurisdiction when judgment of death has been pronounced. With that exception courts Courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, in cases when judgment of death has been pronounced, and in other causes prescribed by statute. When appellate jurisdiction in civil causes is determined by the amount in controversy, the Legislature may change the appellate jurisdiction of the courts of appeal by changing the jurisdictional amount in controversy.
(b) Except as provided in subdivision (a), the appellate division of the superior court has appellate jurisdiction in causes prescribed by statute.
(c) The Legislature may permit courts exercising appellate jurisdiction to take evidence and make findings of fact when jury trial is waived or not a matter of right.
(d) Capital cases appealed to the Supreme Court prior to the effective date of the amendment vesting jurisdiction in the courts of appeal shall remain in the jurisdiction of the Supreme Court unless transferred pursuant to Section 12.

Third—

 That Section 12 of Article VI thereof is amended to read:

SEC. 12.
 (a) The Supreme Court may, before decision, transfer to itself a cause in a court of appeal. It may, before decision, transfer a cause from itself to a court of appeal or from one court of appeal or division to another. The court to which a cause is transferred has jurisdiction.
(b) The Supreme Court may review the decision of a court of appeal in any cause. The Supreme Court shall review the decision of a court of appeal in a capital case on an issue necessary to the judgment on which the court of appeal panel was not unanimous and may review other issues in that case.
(c) The Judicial Council shall provide, by rules of court, for the time and procedure for transfer and for review, including, among other things, provisions for the time and procedure for transfer with instructions, for review of all or part of a decision, and for remand as improvidently granted.

(d)This section shall not apply to an appeal involving a judgment of death.

(d) If the Supreme Court is required to review the decision of a court of appeal in a capital case pursuant to subdivision (b) and does not grant review of any additional issues, the court may decide the case upon the concurrence of four judges without oral argument.