California Codes - Influence Elsewhere

Influence Elsewhere

The California Codes were highly influential in a number of other U.S. jurisdictions, especially Puerto Rico. For example, on March 1, 1901, Puerto Rico enacted a Penal Code and Code of Criminal Procedure which were modeled after the California Penal Code, and on March 10, 1904, it enacted a Code of Civil Procedure modeled after the California Code of Civil Procedure. Thus, California case law interpreting those codes was treated as persuasive authority in Puerto Rico.

In 1941, the Puerto Rican Legislative Assembly joined the nationwide movement towards transferring civil procedure and evidentiary law into a system of rules promulgated by the courts, then abolished the judicial power to promulgate rules in 1946, then reinstated it in 1952 (subject to the right of the legislature to amend court rules before they went into effect). Eventually, after much of its content was superseded by the Rules of Civil Procedure and the Rules of Evidence, most of the Code of Civil Procedure of Puerto Rico was rendered obsolete and was therefore repealed. However, although the Penal Code of Puerto Rico underwent extensive recodification and renumbering in 1974, many of its sections still bear a strong resemblance to their California relatives.

The Code of Guam, implemented in 1933 by Governor George A. Alexander, was modeled after the California Codes. Thus, Guam courts look to California case law to assist them with interpretation of the Code of Guam.