List of California state constitutional offices

Last updated

The following is a list of California state constitutional offices. Please see Constitution of the state of California for further details.

Contents

Officers

These individuals (in the case of the Board of Equalization, its members) are specifically denominated by article V, section 14 and article III, section 8, of the Constitution as 'state officers', are generally elected, are restricted from receiving money from certain sources and have their salaries determined by the California Citizen's Compensation Commission. [1] [2] The Treasurer and Insurance Commissioner are not explicitly created by the Constitution, but are still generally considered constitutional officers and are named as state officers in the Constitution. [3] [4]

Courts

The California courts of record were created by article VI, section 1 of the Constitution. [11]

Judicial commissions

These commissions were created by article VI of the Constitution to administer the judiciary.

Constitutional agencies

These offices and bodies were specifically created by the Constitution, but their members are not generally known as 'state officers'. However, their decisions are generally reviewable through both certiorari and administrative mandate [15] and their a court's review of their factual findings is "limited to a determination whether those findings are supported by substantial evidence in light of the whole record" in deference to their limited judicial powers. [16]

Public corporations

County officers

The Constitution requires the appointment of certain officers for counties in article XI, section 1. [25]

Related Research Articles

<span class="mw-page-title-main">Government of California</span> Governmental structure of the U.S. state of California

The government of California is the governmental structure of the U.S. state of California as established by the California Constitution. California uses the separation of powers system to structure its government. It is composed of three branches: the executive, consisting of the governor of California and the other constitutionally elected and appointed officers and offices; the legislative, consisting of the California State Legislature, which includes the Assembly and the Senate; and the judicial, consisting of the Supreme Court of California and lower courts. There is also local government, consisting of counties, cities, special districts, and school districts, as well as government entities and offices that operate independently on a constitutional, statutory, or common law basis. The state also allows direct participation of the electorate by initiative, referendum, recall and ratification.

<span class="mw-page-title-main">Supreme Court of California</span> Highest judicial court in the U.S. state of California

The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law.

<span class="mw-page-title-main">2004 California Proposition 59</span> Amendment of the Constitution of California

Proposition 59 was an amendment of the Constitution of California that introduced freedom of information or "sunshine" provisions. It was proposed by the California Legislature and overwhelmingly approved by the voters in an initiative held as part of the November 2004 elections.

<span class="mw-page-title-main">Constitution of Connecticut</span>

The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 articles and has been amended 31 times.

<span class="mw-page-title-main">Oklahoma Supreme Court</span> One of the two highest judicial bodies in the U.S. state of Oklahoma

The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.

<span class="mw-page-title-main">Constitution of New Jersey</span> State constitution of New Jersey

The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions. The first was adopted on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence and the second came into effect in 1844. The current document was adopted in 1947 and has been amended several times.

<span class="mw-page-title-main">Arizona Supreme Court</span> Highest court in the U.S. state of Arizona

The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for retention in an election two years after their appointment and then every six years. They must retire at age 70.

<span class="mw-page-title-main">Government of Oklahoma</span> Government of the U.S. state of Oklahoma

The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.

<span class="mw-page-title-main">1996 California Proposition 218</span> Adopted initiative constitutional amendment

Proposition 218 is an adopted initiative constitutional amendment which revolutionized local and regional government finance and taxation in California. Named the "Right to Vote on Taxes Act," it was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark property tax reduction initiative constitutional amendment, Proposition 13, approved in June 1978. Proposition 218 was approved and adopted by California voters during the November 5, 1996, statewide general election.

<span class="mw-page-title-main">California superior courts</span> State trial courts with general jurisdiction

Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.

<span class="mw-page-title-main">New Mexico Supreme Court</span> Highest court in the U.S. state of New Mexico

The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe.

<span class="mw-page-title-main">Law of California</span> Overview of the law of the U.S. state of California

The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations.

<span class="mw-page-title-main">Redistricting commission</span>

In the United States, a redistricting commission is a body, other than the usual state legislative bodies, established to draw electoral district boundaries. Generally the intent is to avoid gerrymandering, or at least the appearance of gerrymandering, by specifying a nonpartisan or bipartisan body to comprise the commission drawing district boundaries.

The government of Nevada comprises three branches of government: the executive branch consisting of the governor of Nevada and the governor's cabinet along with the other elected constitutional officers; the legislative branch consisting of the Nevada Legislature which includes the Assembly and the Senate; and the judicial branch consisting of the Supreme Court of Nevada and lower courts.

<span class="mw-page-title-main">Judicial Council of California</span>

The Judicial Council of California is the rule-making arm of the California court system. In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice." It was created by an amendment to article VI of the California Constitution in 1926.

<span class="mw-page-title-main">California State Personnel Board</span>

The California State Personnel Board (SPB), one of California's constitutional offices, is one of the California agencies responsible for administration of the merit-based civil service employment system for California state agencies, the other being the California Department of Human Resources.

<span class="mw-page-title-main">Judiciary of California</span>

The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

<span class="mw-page-title-main">1996 California Proposition 218 (Local Initiative Power)</span> Adopted initiative constitutional amendment

Proposition 218 is an adopted initiative constitutional amendment in the state of California that appeared on the November 5, 1996, statewide election ballot. Proposition 218 revolutionized local and regional government finance in California. Called the “Right to Vote on Taxes Act,” Proposition 218 was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark Proposition 13 property tax revolt initiative constitutional amendment approved by California voters on June 6, 1978. Proposition 218 was drafted by constitutional attorneys Jonathan Coupal and Jack Cohen.

<span class="mw-page-title-main">Writ of mandate (California)</span> Type of extraordinary writ in California

The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted.

The California Alcoholic Beverage Control Appeals Board is a quasi-judicial administrative court and constitutional office in the U.S. state of California. The Board hears appeals from final decisions of the Department of Alcoholic Beverage Control regarding the issuance of alcoholic beverage licenses, license conditions, protests against the issuance of licenses, and violations of law by licensees. The Board was founded in 1954 together with the department; as required by the California Constitution, its members are selected by the Governor of California and confirmed by the California State Senate by a majority vote, and each newly appointed member must be from a different county than the other two at the time of their initial appointment.

References

  1. Cal. Const. art. III § 8 , Cal. Const. art. V § 14
  2. Although not mentioned in article V, section 14, members of the Legislature have similar restrictions on receiving lobbyist money in article IV, section 4.
  3. "SCO | State Controller's Functions".
  4. "State Constitutional Offices".
  5. Cal. Const. art. V § 1
  6. Cal. Const. art. V § 9
  7. Cal. Const. art. XVI § 7
  8. Cal. Const. art. V § 13
  9. Cal. Const. art. IX § 2
  10. Cal. Const. art. XIII § 17
  11. Cal. Const. art. VI § 1
  12. Cal. Const. art. VI § 6
  13. Cal. Const. art. VI § 7
  14. Cal. Const. art. VI § 8
  15. Boren v. State Personnel Board, 37Cal. 2d634 , 638.
  16. Strumsky v. San Diego County Employees Retirement Assn., 11Cal. 3d28 , 35.
  17. Cal. Const. art. XXI § 2
  18. Cal. Const. art. XX § 22
  19. Cal. Const. art. XII § 1
  20. Cal. Const. art. IX § 7
  21. Cal. Const. art. VII § 2
  22. Cal. Const. art. XXXV § 1
  23. Cal. Const. art. VI § 9
  24. Cal. Const. art. IX § 9
  25. Cal. Const. art. XI § 1
  26. Cal. Const. art. XIII § 16