Misplaced Pages

#840159

54-706: The Superior Court of California of the County of San Francisco is the state superior court with jurisdiction over the City and County of San Francisco . Courthouse functions were incorporated into San Francisco City Hall prior to 1997. The village of Yerba Buena, seized by Commodore John D. Sloat in July 1846, was renamed to San Francisco in January 1847. Initially, the Custom House on Brenham Place and Washington Street

108-442: A court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. Jurimetrics allows to estimate the current judicial efficiency. Speedy justice tends to correlate with quality and fairness of justice . In jurisdictions with strong rule of law , the requirement of a "speedy trial" forces prosecutors to diligently build cases within

162-416: A May 2022 crash which killed two Florida tourists. Katherine Feinstein (daughter of Senator Dianne Feinstein ) had been the presiding judge of the court from 2011 through 2012. Judge Cynthia Ming-Mei Lee was elected the new presiding judge on June 27, 2012. The court is composed of 52 judges and twelve commissioners. The court currently has two commissioners. In December 2016, John Stewart, chief judge at

216-465: A catalyst for reform of trial court funding because it placed California counties into such severe financial distress that they could no longer bear the burden of such a partially-funded mandate . The paradox of state judicial officers working in county-operated organizations culminated in a 1996 case in which the Supreme Court of California upheld the constitutionality of a statute under which

270-399: A government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial, expressed as the maxim Justice delayed is justice denied . Although it is important for the protection of speedy trial rights for there to be

324-411: A non-lawyer judge. Another change was that all new justice court judges after that point in time had to be attorneys. The next major attempt at trial court reform and unification started in 1992 when state senator Bill Lockyer introduced Senate Constitutional Amendment 3, which would have unified the superior, municipal and justice courts in each county into a single "district court". In response,

378-579: A non-lawyer to preside over a criminal trial which could result in incarceration of the defendant. This was a "bombshell" decision because at the time, non-lawyer judges were presiding over 127 justice courts. In response, the Judicial Council of California arranged for the immediate enactment of legislation to upgrade 22 attorneys already sitting as justice court judges from part-time to full-time service and allow them to " ride circuit " and hear such trials in any justice court then presided over by

432-486: A part-time basis, either by laymen who also operated outside businesses or attorneys in private practice. Chief Justice Phil S. Gibson remarked that "there are very few lawyers who can correctly name all the types of trial courts in the state, much less give the sources and extent of their jurisdiction." To fix this colossal mess, the judicial council proposed and the legislature enacted the Court Act of 1949 to reduce

486-571: A reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused. The right is based on the notion that long-term incarceration should normally be restricted to situations in which a judge or jury have determined a suspect has committed a crime. The right to a speedy trial is codified in fundamental legal documents in several jurisdictions, and may be further defined by statutory law. Speedy trial rights are recognized within Section Eleven of

540-515: 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 ten 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 [petitioner name] v. Superior Court (that is,

594-857: A trial. The Constitution of the Philippines states, "All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial , or administrative bodies." In the United States, basic speedy trial rights are protected by the Speedy Trial Clause of the Sixth Amendment to the United States Constitution . For federal charges, the Speedy Trial Act of 1974 applies. The trial must commence within 70 days from

SECTION 10

#1732771774841

648-553: 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 inferior courts, such as infractions , misdemeanors , "limited civil" actions (actions where the amount in controversy is below $ 35,000), and " small claims " actions. The superior courts have appellate divisions (superior court judges sitting as appellate judges) which were previously responsible for hearing appeals from inferior courts. Now,

702-517: The California Law Revision Commission published a comprehensive study in January 1994 which carefully evaluated options for the proposed court's name such as "district", "superior", "county", "trial", "unified", and "circuit", and concluded that the preferable name was "superior court". The Commission acknowledged the name could be confusing due to the absence of any inferior courts after unification, but contended this

756-535: The Japanese Constitution states, "In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal." Takada case  [ ja ] , which had not held a court for 15 years, was dismissed by Supreme Court of Japan according to Article 37. After the Takada case, it is considered that dismissing judge should only apply if the accused ask acceleration of

810-572: The Judicial Council of California . The concept of having a superior court of general jurisdiction in each of California's counties dates back to the ratification of the second California Constitution in 1879. Previously, the original California Constitution of 1849 and the California Judiciary Act of 1851 had created multi-county district courts of general jurisdiction which supervised county courts and justice of

864-543: 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

918-582: The Canadian Charter of Rights and Freedoms . In R v Jordan , the Supreme Court of Canada held that these Charter rights are presumed to have been violated when the trial does not end within 18 months of the charges being filed, or 30 months when there is a preliminary inquiry. When speedy trial rights are violated, the Crown must drop relevant charges by entering a stay of proceedings. Once

972-402: The Court Act to become fully effective, a constitutional amendment had to be submitted to the state electorate as Proposition 3, which was duly approved on November 7, 1950. Despite ongoing calls for further reform and trial court unification, California's trial court system remained quite complex for several more decades. In 1971, a legislative select committee found that the trial court system

1026-544: The Courts announced that the process of transferring 532 facilities to state control was complete with the transfer of the Glenn County Superior Courthouse. Number in parentheses represent cities/communities with multiple courthouses County seats are highlighted in bold . Speedy trial In criminal law , the right to a speedy trial is a human right under which it is asserted that

1080-510: The United States. The people were new-comers, not long acquainted with their leading men, and their officials were selected at random." Notable failures of justice, including the fraud of Henry Meiggs and the murder of James King of William , led to the revival of the Committee of Vigilance in May 1856, which subsequently was dissolved that August. In 1870, Yerba Buena Square, previously used as

1134-525: 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

SECTION 20

#1732771774841

1188-401: The awkward position of frequently ruling on lawsuits involving the very county governments responsible for maintaining their courthouses and providing their staff. Counties were allowed to collect trial court fees, fines, and forfeitures to help fund trial court operations, but those sources of funds were not sufficient. The enacting of Proposition 13 by the state electorate in 1978 became

1242-499: The city cemetery in the 1850s, was graded to prepare for the construction of the first purpose-built City Hall. Plans from Augustus Laver were selected and construction began in 1871 but the building was not completed until a quarter-century later, in 1895. As historian John P. Young wrote in 1912, "The cost as originally estimated was quite modest, but there were plenty of critics who declared that it would be largely exceeded. The most pessimistic, however, did not even remotely approach

1296-513: The court, discarded 66,000 arrest warrants for criminal infractions, like sleeping on the sidewalk, public urination, and public drunkenness, stating "You're putting somebody in jail because they're poor and can't pay a fine. We got a lot of criticism, but we thought it was the right thing to do." The courthouse for the San Francisco County Superior Court is located at 400 McAllister St, San Francisco, CA 94102. It

1350-472: The date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. States may also offer additional speedy trial protections. In June 1776, a "speedy trial" provision was explicitly included in the Virginia Declaration of Rights by George Mason , its principal author. The consequences of

1404-488: The discretion of each superior court's presiding judge in response to changing caseloads (that is, regardless of whether the division is colloquially called "traffic court" or "family court", all orders are issued by judges of the superior court). In contrast, inferior courts were creatures of statute and thus were slightly more difficult to rearrange. Judges stationed at rural superior courts too small to set up specialized divisions must be generalists who can handle everything;

1458-463: The district" as the ayuntamiento (town council, equivalent to the modern San Francisco Board of Supervisors ). After the first state constitution was adopted, a city charter was passed in the state legislature and a subsequent election in May 1850 saw Geary elected as the first mayor. The city offices had outgrown the Custom House and the Graham House, built initially as a four-storey hotel on

1512-488: The former Jenny Lind Theater was purchased in 1852 for US$ 200,000 (equivalent to $ 7,325,000 in 2023) to serve as a replacement City Hall and Courthouse. Gold mine production peaked during the winter of 1852–53 and many miners left the city; by 1855, the population boom and bust had produced what historian John Hittell called "a greater depth of [political] corruption in San Francisco than in any other part of

1566-608: 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 ,

1620-399: The leaderless organization dissolved shortly thereafter. Subsequently, planning began for the first California Constitutional Convention and a local election was held on August 1, 1849, naming ten delegates; these men were advised by John W. Geary , the recently-elected First Alcalde (equivalent to the mayor ), that "in the absence of any state legislative authority, they were supreme in

1674-650: The more gradual reform process which ultimately prevailed. In 1994, the state electorate approved Proposition 191, which amended the state constitution to eliminate the remaining justice courts and force them to consolidate with the municipal courts. In 1998, the electorate approved Proposition 220, which amended the state constitution to authorize trial court judges in each county to decide whether or not to retain municipal courts. Within two months, by December 31, 1998, judges in 50 of California's 58 counties had voted for consolidation of municipal courts with superior courts. The last county to achieve trial court unification

San Francisco County Superior Court - Misplaced Pages Continue

1728-658: The northwest corner of Kearny and Pacific, was purchased for US$ 150,000 (equivalent to $ 5,494,000 in 2023) to serve as the new City Hall. Members of a group that previously had held a vigilante justice trial in February 1851 continued the legacy of the Hounds, later forming the San Francisco Committee of Vigilance in June 1851. The Graham House was destroyed during the fifth "great fire" of June 22, 1851, and

1782-471: The number of types of inferior courts to two: municipal courts and justice of the peace courts, which were renamed "justice courts". This dropped the total number of courts in California to less than 400. To solve the problem of inferior courts which overlapped one another, all county boards of supervisors were required to divide their counties into judicial districts. Each district would be served by only one inferior court of limited jurisdiction underneath

1836-500: The official reporter of the Courts of Appeal. Proposition 220 of 1998 created the Appellate Division of the Superior Court, which replaced the previous Appellate Department but retained the same jurisdictional authority. Every California court may make local rules for its own government and the government of its officers as long as these local rules are not inconsistent with law or with the rules adopted and prescribed by

1890-473: The peace courts of limited jurisdiction. Notably, the superior courts did not always enjoy the unified jurisdiction that they possess now. The 1879 state constitution authorized the state legislature to establish inferior courts at its discretion in any city, town, or city and county, with powers, duties, and terms to be fixed by statute. By the mid-20th century, California had as many as six, seven, or eight types of inferior courts of limited jurisdiction under

1944-581: The presumptive ceiling is exceeded, the burden is on the Crown to rebut the presumption of unreasonableness on the basis of exceptional circumstances outside the Crown's control. Within Europe, speedy trial rights are recognized by Article 6 of the European Convention on Human Rights . In English law, this right was developed by the Assize of Clarendon in 1166 (a judge would be summoned if one

1998-618: 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. California attorneys are allowed to run against sitting superior court judges at their retention elections, and have occasionally succeeded in doing so. Vacancies in

2052-779: The state budget. Next came the Trial Court Employment Protection and Governance Act of 2000 to separate trial court employees from county governments, followed by the Trial Court Facilities Act of 2002 to transfer courthouses from the county governments to the state government. The first courthouse transfer, in Riverside County, took place in October 2004. On December 29, 2009, the Administrative Office of

2106-532: The state judicial education center provides a special training program for "Cow County Judges". Another peculiarity of California law is that traditionally, the superior courts did not own their own buildings or employ their own staff, and the state government was not required to provide them with such things. Even though the superior courts were clearly part of the judicial branch of the state government, they were actually operated by county governments who were expected to provide buildings, security, and staff for

2160-556: The structure of the state's inferior courts. The council's 1948 study found: "There are six separate and distinct types of inferior courts, totaling 767 in number, created and governed under varied constitutional, statutory, and charter provisions." The council found there was much "multiplicity and duplication" between the superior courts and the various types of inferior courts, resulting in "conflict and uncertainty in jurisdiction". Even worse, most inferior courts were not staffed by full-time professional judges; they were presided over on

2214-416: 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

San Francisco County Superior Court - Misplaced Pages Continue

2268-520: The superior court of Mendocino County was bound by the county board of supervisors' designation of unpaid furlough days for all county employees, including those who worked for the superior court. The California State Legislature attempted to fix these issues by first enacting the Lockyer-Isenberg Trial Court Funding Act of 1997 to begin the process of transitioning the superior courts from county budgets to

2322-440: The superior court. Districts with populations more than 40,000 would be served by municipal courts, and districts with lesser populations would be served by justice courts. Municipal court jurisdiction was limited to civil cases where the amount in controversy was $ 2,000 or less and criminal misdemeanors, while justice court jurisdiction was limited to civil cases involving $ 500 or less and so-called "low grade misdemeanors". For

2376-859: 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. It is also the largest single unit trial court in the United States. 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

2430-404: The superior courts out of their own local budgets. At the same time, courthouse construction and maintenance were often overlooked among the numerous mandatory responsibilities placed upon counties by California law. Even worse, because so many of the responsibilities delegated to county governments were of a nature which people were likely to sue over, this arrangement put superior court judges in

2484-429: The superior courts, depending upon how they were counted. There were two types of municipal courts (one of which was called "police court"), two types of police courts (not to be confused with the "police court" which was a kind of municipal court), city justices' courts, city courts, and Class A and Class B judicial township justices' courts. In 1947, the state legislature directed the state judicial council to study

2538-641: The truth in making their guesses." It was destroyed during the April 1906 San Francisco earthquake and subsequent fire. In 1976 the Court helped to create the San Francisco Pretrial Diversion Project, a nonprofit organization that helps to provide alternative punishments for misdemeanors and parking violations, in an attempt to divert petty offenders from overcrowded courtrooms. In 2000, a pilot Complex Civil Litigation Program

2592-753: Was Kern County, where the state's last four municipal court judges were sworn in by Chief Justice Ronald M. George as superior court judges on February 8, 2001. Therefore, at present, the superior courts are actually not "superior" to any inferior courts within the judicial branch. They are still superior to certain types of administrative hearings within the executive branch; dissatisfied litigants can appeal to superior courts through administrative mandamus. Many of California's larger superior courts have specialized divisions for different types of cases like criminal, civil, traffic, small claims, probate, family, juvenile, and complex litigation, but these divisions are simply administrative assignments that can be rearranged at

2646-488: Was established in San Francisco's Superior Court, which has since been made permanent. As of August 2024, the court was so overwhelmed with criminal cases (due to the aftermath of the COVID-19 pandemic ) that it had no choice but to dismiss 70 misdemeanor cases due to the unavailability of judges and courtrooms to hold speedy trials . One of the cases thus dismissed was a misdemeanor vehicular manslaughter case arising from

2700-435: Was fragmented into "58 superior courts, 75 municipal courts, and 244 justice courts, of which 74 percent were single-judge courts". Starting in the 1970s, California began to slowly phase out the use of justice courts (in which non-lawyers were authorized by statute to preside as judges) after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of due process to allow

2754-507: Was not immediately available) and Magna Carta in 1215 ("To no one will we sell, to no one will we refuse or delay, right or justice."). The right to a speedy trial is guaranteed under Article 21 of the Constitution of India . There is no automatic legal remedy available to defendants who are denied speedy trials, rendering it difficult to hold judicial officers accountable for violations. The Article 37  [ ja ] of

SECTION 50

#1732771774841

2808-411: Was opened on December 9, 1997. The building was designed by Lee/Timchula Architects. The local architect was Cavagnero and Associates. The entrance features fabricated metal doors designed by sculptor Albert Paley . Superior Courts of California The superior courts are the lowest level of state courts in California holding general jurisdiction on civil and criminal matters. Above them are

2862-423: Was outweighed by the benefits of continuing to use a familiar name, not having to spend money on changing existing superior court signs and letterhead, and not having to amend over 3,000 references to the superior court in 1,600 statutes. SCA 3 passed the state senate but failed to pass the state assembly; it remains historically important, however, because it laid the groundwork and created political momentum towards

2916-506: Was used for municipal offices. With the influx of immigrants seeking gold during the California Gold Rush in 1849, the population swelled and a nativist gang calling themselves The Hounds began harassing Spanish-American immigrants. The first court system was organized after a public meeting on July 16, 1849, demanding the Hounds be brought to justice; the leaders were put on trial and sentenced to ten years imprisonment and

#840159