California’s Courts of Appeal

California’s Courts of Appeal By Chris Micheli

            California has three levels of courts – trial courts (called the superior courts), courts of appeal, and the high court (called the supreme court). Title 8 of the California Government Code deals with the organization and government of the state’s courts. Chapter 4 sets forth the courts of appeal. Article 1 provides general provisions and Article 2 provides officers and employees.

            Government Code Section 69100 provides that the state is divided into six court of appeal districts designated as follows:

·         The Counties of San Francisco, Marin, Sonoma, Napa, Solano, Lake, Mendocino, Humboldt, Del Norte, Contra Costa, Alameda, and San Mateo constitute the First Appellate District.

·         The Counties of San Luis Obispo, Santa Barbara, Ventura, and Los Angeles constitute the Second Appellate District.

·         The Counties of Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Yolo, Placer, Sacramento, El Dorado, San Joaquin, Amador, Calaveras, Alpine, and Mono constitute the Third Appellate District.

·         The Counties of Inyo, San Bernardino, Riverside, Orange, San Diego, and Imperial constitute the Fourth Appellate District.

·         The Counties of Stanislaus, Tuolumne, Merced, Mariposa, Madera, Fresno, Kings, Tulare, and Kern constitute the Fifth Appellate District.

·         The Counties of Santa Clara, Santa Cruz, Monterey, and San Benito constitute the Sixth Appellate District.

            Government Code Section 69101 provides that the court of appeal for the First Appellate District consists of five divisions having four judges each, and holds its regular sessions at San Francisco.

            Section 69102 provides that the court of appeal for the Second Appellate District consists of eight divisions having four judges each, and holds its regular sessions in Ventura County, Santa Barbara County, or San Luis Obispo County, and at Los Angeles.

            Section 69103 provides that the court of appeal for the Third Appellate District consists of one division having 11 judges and holds its regular sessions at Sacramento.

            Section 69104 provides that the court of appeal for the Fourth Appellate District consists of three divisions and holds its regular sessions at San Diego, in the San Bernardino/Riverside area, and in Orange County.

Section 69105 provides that the court of appeal for the Fifth Appellate District consists of one division having 10 judges and holds its regular sessions at Fresno.

Section 69106 provides that the court of appeal for the Sixth Appellate District consists of one division having seven judges and holds its regular sessions at San Jose.

Section 69107 provides that, upon the creation of a new court of appeal district or division, the Governor is required to appoint three or more persons to serve as judges.

Section 69141 provides that each court of appeal may appoint and employ during its pleasure a Clerk/Executive Officer of the Court of Appeal, and other phonographic reporters, assistants, secretaries, librarians, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred by law upon it and its members.

 

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