Superior Courts of California - Organization

Organization

The superior courts are the lowest level of state courts in California holding general jurisdiction on civil and criminal matters. Above them are the six California Courts of Appeal, each with appellate jurisdiction over the superior courts within their districts, and the Supreme Court of California. As of 2007, the Superior Courts of California consisted of over 1,500 judges, and make up the largest part of California’s judicial system, which is in turn one of the largest court systems in the United States.

Superior court judges are elected by each county’s voters to six-year terms. Californian attorneys are allowed to run against sitting superior court judges at their retention elections, and have occasionally succeeded in doing so. Vacancies in the superior courts are filled by appointments made by the governor.

Because Los Angeles County has the largest population of any county in the United States, it also has the largest Superior Court. The Los Angeles County Superior Court is organized into dozens of highly specialized departments, dealing with everything from moving violations to mental health. It handles over 2.5 million legal matters each year, of which about 4,000 terminate in jury trials; this works out to about 4,300 matters per judge. Its 429 judges are assisted by 140 commissioners and 14 referees.

In contrast, many of California’s smallest counties, like Alpine, Del Norte, Inyo, Lake, Lassen, Mono, and Trinity, typically have only two Superior Court judges each, who are usually assisted by a single part-time commissioner.

To be eligible to become a superior court judge in California, one must have been a member of the State Bar of California for at least 10 years.

One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes v. Superior Court (that is, the Superior Court is the respondent on appeal), and the real opponent is then listed below those names as the "real party in interest." This is why several U.S. Supreme Court decisions in cases that originated in California bear names like Asahi Metal Industry Co. v. Superior Court (1987) and Burnham v. Superior Court of California (1990). The underlying justification is that the writ jurisdiction of the California Courts of Appeal is to make an order directing the Superior Court to enter an order in its records, while the real party in interest has standing to oppose the appellate application for a writ. Normally, there is "no appearance for respondent," but in certain rare circumstances, the Superior Court does have standing to oppose an application for a writ, and has actually done so.

Another quirk is that because the superior courts are now fully unified with all courts of inferior jurisdiction, the superior courts must hear relatively minor cases that previously would have been heard in such courts, such as infractions, misdemeanors, and "limited civil" actions (actions where the amount in controversy is below $25,000). The superior courts have appellate divisions (superior court judges sitting as appellate judges) which were previously responsible for hearing appeals from inferior courts. Now, the appellate divisions hear appeals from decisions of other superior court judges (or commissioners, or judges pro tem) who heard and decided such minor cases. Unlike appellate divisions in other states (such as the New York Supreme Court, Appellate Division), the appellate divisions of the superior courts are not considered to be separate courts.

Like the vast majority of U.S. state trial courts, most superior court decisions involve the judge merely signing a proposed order drafted by one side or the other. Thus, superior court decisions are not normally reported either in reporters or legal databases.

However, appellate divisions of the superior courts do sometimes certify opinions for publication. Such opinions are published in California Appellate Reports Supplement, which is included in the regular volumes of the California Appellate Reports, the official reporter of the Courts of Appeal.