From criminal matters, to affordable housing, child custody, conservatorship, mental health needs, civil disputes, and environmental protections, judges in courthouses near us deliberate on our rights on a daily basis. They do so by hearing cases and resolving disputes based on the facts presented and their interpretations of existing law and the state and federal Constitutions.

Understanding the judiciary, let alone changing it, can seem out of reach. We can feel how our rights are affected by their decisions, and feel powerless when life-saving rights, like the right to an abortion, are stripped away. But through the Observer, our intention is to demystify the judicial system for Angelenos. This blog post explores the relationship between the federal and state courts, and how Angelenos can affect the judiciary in each election cycle at both levels of government. 

The Federal Judicial Structure

U.S. Supreme Court

As the highest court in the country, the Supreme Court has the ultimate authority on interpreting the Constitution and federal laws. By reviewing cases, known as judicial review, the third branch of government limits the power of the executive and legislative branches, striking down laws that violate the Constitution. Article 3, Section 2 of the Constitution, as well as a case called Marbury v. Madison (1803) established the jurisdiction of the Supreme Court through judicial review. The passage of the Fourteenth Amendment (1869) extended the Court’s rulings on federal constitutional rights to the states. 

The Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. The Court hears appeals of all cases arising under the Constitution, federal laws, and foreign treaties. It also has appellate jurisdiction over controversies where the United States is a party, and all cases of admiralty and maritime jurisdiction (which involve ships on the high seas and navigable waterways). Additionally, the Supreme Court has original jurisdiction, meaning the case is tried before the Court, over cases affecting Ambassadors, other public Ministers and Consuls, disputes between states. Congress sets the number of justices on the court, currently one Chief Justice and eight Associate Justices (28 U. S. C. §1).

The Court’s Term begins on the first Monday in October and lasts until the first Monday in October of the following year. Each Term, approximately 5,000-7,000 new cases are filed, but the Court grants review or disposes of fewer than 200.  

Unless they recuse themselves from a case for ethical reasons, all nine justices preside collectively over cases where the Court grants oral arguments. Historically. Supreme Court justices have been largely self-regulating with respect to ethics, to disastrous consequences. On November 13, 2023, the justices adopted a Code of Conduct, although advocates are dubious of its effectiveness since justices still judge themselves and resist external accountability. 

U.S. Courts of Appeals

The U.S. Courts of Appeals serve as the intermediate appellate courts in the federal judiciary. These courts do not retry cases or hear new evidence. They do not hear witnesses testify, nor is there a jury. Instead, a panel of three judges reviews the trial record, legal arguments, and relevant law to ensure that the proceedings in the lower court were fair and the law was applied correctly. 

The country is divided into 13 circuits, each with its own Court of Appeals that reviews cases from the U.S. District Courts within that circuit. The U.S. Court of Appeals for the Ninth Circuit, headquartered in San Francisco, is the largest, with 29 judges. This circuit hears appeals from federal district courts in several Western states, including California. Given the volume of cases, decisions by the Court of Appeals are often the final word, as the Supreme Court only accepts a small fraction of cases for review each year—between 100 and 150 out of more than 7,000 petitions.

U.S. District Courts

District courts resolve civil and criminal cases by determining the facts and applying legal principles to decide who is guilty or not guilty, or who is liable or not liable. These trial courts consist of one district judge who presides over the case and a jury consisting of twelve people decides, based on the facts presented at trial, who wins the case. Judges can also resolve cases procedurally or encourage the parties to settle before trial. 

The U.S. District Courts consist of a total of 94 U.S. district courts in the 50 states, Puerto Rico, the Virgin Islands, the District of Columbia, Guam, and the Northern Mariana Islands. California is divided into four federal judicial districts:Northern, Eastern, Central, and Southern.

Interaction Between Federal and State Courts

The relationship between federal and state courts is complex, with each system having its own jurisdiction and authority. However, federal and state courts often interact, especially when cases involve both federal and state laws or when a case from a state court is appealed to a federal court on constitutional grounds. Understanding this relationship is crucial for navigating the judicial system and recognizing how different courts influence the lives of Angelenos.

Structure of the California Courts

California Supreme Court 

Article Six of the California Constitution establishes California’s judicial system, one of the largest and most complex in the country. The structure mirrors the federal structure but operates under the state constitution and laws. The California Supreme Court, consisting of the Chief Justice and six associate justices, has the authority to review decisions of the state Courts of Appeal, as well as all cases in which a judgment of death has been pronounced by the trial court. These cases are automatically appealed directly to the Supreme Court. The Court also reviews the recommendations of the Commission on Judicial Performance and the State Bar of California concerning the discipline of judges and attorneys for misconduct. 

In the vast majority of cases, the decision of the Court of Appeals is final, as the Supreme Court only grants review of a few of its decisions when necessary to resolve new or disputed questions of California law. Of the more than 5490 cases filed with the California Supreme Court annually, the justices provide written opinions on just 56 cases. 

Courts of Appeals

California’s Courts of Appeal are divided geographically into six appellate districts, with a total of 106 judges. These court hears appeals from the state’s superior courts, typically with three judges hearing each appeal. More than 20,000 cases are appealed in California every year, covering criminal convictions, administrative matters, and more. The Second District Court of Appeals serves Los Angeles, Ventura, San Luis Obispo and Santa Barbara Counties. 

Superior Courts 

California has 58 trial courts, one in each county. Superior Courts hear a range of criminal and civil cases arising under the laws and constitution of the state. Superior court judges serve six-year terms and are elected by county votes on a nonpartisan ballot at a general election. Vacancies are filled through appointment by the Governor.

Jurors in California are paid $15 per day, starting on the second day of service. The courts also provide travel reimbursement of 34 cents per mile round trip or $12 per day for public transit. In 2023, Governor Newsom vetoed AB 881 (Ting), “Be the Jury”, a bill that would have increased jury funding to $100 a day, disappointing advocates in the criminal legal system. Of the more than 10.6 million people summoned for jury service across the state between 2021 and 2022, only 76,000 were sworn in as jurors. 

The Judicial Council 

Led by the Chief Justice of the Supreme Court, the Judicial Council of California is the policy making body of the state’s court system. The California Constitution directs the Judicial Council to provide policy guidelines to the courts, make annual recommendations to the Governor and Legislature, and adopt and revise California Rules of Court in the areas of court administration, practice, and procedure.

The Judicial Council consists of 21 voting members, including the Chief Justice and one other judge of the Supreme Court, three judges of courts of appeal, ten superior court judges, two nonvoting court administrators, and any other nonvoting members as determined by the voting membership of the Council, each appointed by the Chief Justice for a three-year term. Additionally, four members of the State Bar are appointed by its governing body for three-year terms, and one member of each house of the Legislature is appointed as provided by the house.

The Judicial Council is actively involved in the legislative process, particularly in matters affecting the criminal legal system and other court reforms. For example, community groups withdrew support for SB 10, an important bail reform effort, due to the Judicial Council’s influence on the bill’s language. Initially, the bill showed promise, but the Judicial Council’s influence outweighed that of community members directly harmed by the bail industry and system. The harmful influence of the judiciary on the legislative branch brings into stark focus the importance of separation of powers. 

Conclusion

Understanding the structure and function of the federal and state judiciary is essential for every Angeleno. The decisions made in these courts profoundly impact our daily lives, from safeguarding our rights to shaping public policy. As each election cycle approaches it is important to recognize the power we hold over the judiciary. In upcoming blog posts, we will discuss the process for selecting federal and state judges. As we discussed in the Understanding the Separation of Powers blog post, we most directly influence the federal and state judiciary through our votes for legislative and executive branch officials. In California, we also vote for Superior Court judges and whether to retain state appellate judges. By staying informed and actively participating in the electoral process, we can help influence the composition of the state and federal judiciary. 

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If you’re brushing up on basics with our “Understanding the Judiciary Starter Kit,” we suggest you read this next: Understanding How Federal & State Court Judges Are Selected