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Analysis by the Legislative Analyst
BACKGROUND
In 1998, California voters approved Proposition 220, which permitted superior and municipal courts, known as “trial courts,” within a county to consolidate their operations if approved by a majority vote of the superior court judges and municipal court judges in the county. Under consolidation, the superior court assumes jurisdiction over all matters handled previously by superior and municipal courts; municipal court judges become superior court judges and the municipal courts are abolished. All 58 California counties have since voted to consolidate their trial court operations. At the request of the Legislature, the California Law Revision Commission has made recommendations on repealing statutes that are obsolete because of trial court reforms, including those resulting from court consolidation.
PROPOSAL
This measure makes technical and conforming changes to the Constitution recommended by the California Law Revision Commission related to court consolidation. Specifically, the measure deletes obsolete provisions relating to the creation of municipal courts, eligibility requirements for municipal court judges, and the consolidation of municipal and superior courts. As regards the consolidation of municipal and superior courts, constitutional provisions relating specifically to the transition period will be repealed effective January 1, 2007. Finally, the measure makes conforming changes to the Constitution with respect to the membership of superior court judges on the California Judicial Council and the membership of the Commission on Judicial Performance. The California Judicial Council oversees and administers the trial courts. The Commission on Judicial Performance handles complaints against judges.
FISCAL EFFECT
This measure would not result in additional costs to state or local government.
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