Quiz on California Judicial Branch

This quiz is to test your knowledge about California’s judicial branch. Below are questions followed by their answers:

1. The judicial power is vested in only the Supreme Court of California.
2. The Supreme Court is comprised of nine members, just like the US Supreme Court.
3. Decisions of the Supreme Court must be unanimous in criminal and civil cases.
4. The Legislature creates judicial districts in this state.
5. Superior court personnel are set forth in the state Constitution.
6. The Judicial Council sets policy for the courts in this state and the Council is chaired by the Chief Justice.
7. Only judges or justices comprise the Judicial Council.
8. The Commission on Judicial Appointments is comprised of members of the judiciary.
9. The Commission on Judicial Performance included lawyers and non-lawyers.
10. There are requirements for being a judge in California.
11. A judge in California is allowed to practice law
12. A judge in California is prohibited from holding other public office.
13. The Legislature determines the salary of judges in this state.
14. The Constitution determines the retirement plan for judges in this state.
15. The Supreme Court has discretion whether to consider death penalty cases.
16. Superior court judges are only appointed by the Governor to serve on the bench.
17. Courts of appeal have jurisdiction over cases of habeas corpus (challenging the confinement of someone), mandamus (forcing an official duty), prohibition (restraining action), certiorari (review of a judicial action), and challenges to decisions of certain state boards.
18. Once the Governor appoints a court of appeal justice, the justice takes office upon taking the oath of office by the Governor.
19. Once the Commission on Judicial Appointments confirms a justice, he or she takes office immediately.
20. The Commission holds a closed-door meeting to hearing a formal charge filed against a sitting judge.
21. The determinations of the Judicial Performance Commission to remove, censure, admonish, or retire a judge are final.

Answers

1. False, Article IV, Section 1 says that the judicial power of the state is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.
2. False. The Supreme Court consists of the Chief Justice and 6 associate justices.
3. False. There must be an agreement of four judges present at the argument for a judgment.
4. True. The Legislature must divide the state into districts with each containing a court of appeal with one or more divisions, and each division consists of a presiding justice and 2 or more associate justices.
5. False. In each county of the state, there is a superior court of one or more judges and the Legislature prescribes the number of judges and provides for the officers and employees of each superior court.
6. True.
7. False. The Council consists of the Chief Justice and one other judge of the Supreme Court, three judges of the courts of appeal, 10 judges of the superior courts, two nonvoting court administrators, four members of the State Bar appointed by its governing body for three-year terms; and one member of each house of the Legislature appointed by that house, all of whom are all voting members; and any other nonvoting members as determined by the voting membership of the Council.
8. False. The Commission consists of the Chief Justice, the Attorney General, and the presiding justice of the court of appeal of the affected district.
9. True. The Commission consists of one judge of a court of appeal and two judges of superior courts, each appointed by the Supreme Court; two members of the State Bar of California who have practiced law in this State for 10 years, each appointed by the Governor; and, six citizens who are not judges, retired judges, or members of the State Bar of California, two of whom to be appointed by the Governor, two by the Senate Committee on Rules, and two by the Speaker of the Assembly.
10. True. For at least 10 years immediately preceding selection the judge must have been a member of the State Bar or served as a judge of a court of record in this State.
11. False. A judge of a court of record may not practice law during the term for which the judge was selected.
12. True. A judge of a court of record is ineligible for public employment or public office other than judicial employment or judicial office.
13. True. The Legislature must prescribe compensation for judges of courts of record.
14. False. The Legislature must provide for the retirement of judges of courts of record for age or disability.
15. False. The Supreme Court must review all death penalty cases.
16. False. Superior Court judges are appointed by the Governor when a vacancy occurs and they serve six-year terms. These trial court judges are also elected by county in general elections.
17. True. Those boards include the Workers’ Compensation Appeals Board, Agricultural Labor Relations Board, Public Employment Relations Board, Department of Alcoholic Beverage Control, and some decisions of the Public Utilities Commission.
18. False. The Courts of Appeal Justices are appointed by the Governor and confirmed by the Commission on Judicial Appointments before they can take the oath of office.
19. True. The appointment of a justice is effective once the commission confirms that individual.
20. False. Once a formal charge is filed against a sitting judge, then the commission must conduct a public hearing.
21. False. These rulings are subject to discretionary review by the Supreme Court.