Judicial Council of California Records, 1926-1961

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Summary

Creators:
Judicial Council of California
Abstract:
The records of the Judicial Council of California consist of 17 cubic feet of textual records that cover the years 1926-1962. The Judicial Council records reflect the administration and operations of the California court system.
Extent:
17 cubic feet of textual records
Language:
Languages represented in the collection: English

Background

Scope and content:

The Judicial Council of California records span the years 1926 to 1962 and include 17 cubic feet of textual records. The records will be useful for researchers studying the creation and administration of the Judicial Council, development of the rules of the court, practices and procedures of the Judicial Council, reorganization of the court system, and similar topics of interest to the Judicial Council.

The Judicial Council records reflect the administration and operations of the California court system. Much of the material demonstrates attempts by the Judicial Council to collect information about the administration of the courts in order to develop recommendations for simplifying and improving the business of the court system. Notably, the work of Henry Hollzer (series R176.015 and R176.016) details the information collected on the practices and procedures of the court systems and the attempts to unify these throughout the state. From 1926 through 1931 Hollzer served as the research director for the Judicial Council, conducting studies of procedural methods to improve the judicial system. In this position, he travelled through the United States and parts of Canada gathering information about regulating procedures in the courts.

In the late 1940s, the Legislature requested that the Judicial Council investigate reorganizing the court system below the superior courts. In November 1950, the Judicial Council's plan to reorganize these "Inferior Courts" was approved by the people at the general election. Series R176.012 (Court Reorganization Files) reflects the efforts by the Judicial Council to research and promote passage of the reorganization plan.

Biographical / historical:

At the 1926 General Election, the voters passed Proposition 27 which created the Judicial Council of California as an effort to provide efficiency in the administration of justice. The constitutional amendment added Section 1a and amended Sections 6, 7, and 8 of Article VI to the California Constitution. The proposition provided that the Judicial Council would be composed of the Chief Justice of the Supreme Court and ten other members to be appointed by the Chief Justice. These members were as follows: one Associate Justice of the Supreme Court, three Justices of the District Court of Appeal, four judges of superior courts, one judge of a police or municipal court, and one judge of an inferior court. The amendment specified that the Chief Justice was the chairman of the Council.

Additionally Proposition 27 assigned the following responsibilities to the Judicial Council:

  1. Meet at the call of the chairman or as otherwise provided by it.
  2. Survey the condition of business in the several courts with a view to simplifying and improving the administration of justice.
  3. Submit such suggestions to the several courts as may seem in the interest of uniformity and the expedition of business.
  4. Report to the governor and legislature at the commencement of each regular session with such recommendations as it may deem proper.
  5. Adopt and amend rules of practice and procedure for the several courts not inconsistent with laws that are now or that may hereafter be in force; and the council shall submit to the legislature, at each regular session thereof, its recommendations with reference to amendments of, or changes in, existing laws relating to practice and procedure.
  6. Exercise such other functions as may be provided by law.

The passage of Proposition 10 (1960) provided for an additional four members to be appointed by the State Bar as well as a legislator from each house of the Legislature to the membership of the Judicial Council. In 1966 (Proposition 1-A) the number of members was again raised, this time to 21 members. These members included the Chief Justice, one Associate Justice of the Supreme Court, three judges of the District Courts of Appeal, five judges of superior courts, three judges of municipal courts, two judges of justice courts, four attorneys, and one member of each house of the Legislature.

In 1994, Proposition 191 deleted the two justice court judge positions and increased the number of superior court justices from three to five judges. Proposition 220 (1998) added two non-voting court administrators to the Judicial Council. Finally, in 2002, Proposition 48 increased the number of superior court judges from five to ten and deleted the provision for five municipal court judges.

By 2017, the Judicial Council was thus composed of 21 voting members: The Chief Justice; 14 judicial officers appointed by the Chief Justice, including 1 associate justice of the Supreme Court, 3 justices of the Court of Appeal, and 10 superior court judges; 4 attorney members appointed by the State Bar Board of Trustee; and 1 member from each house of the Legislature.

Acquisition information:
The State Archives received these records in a series of transfers according to state law.
Accruals:

No further accruals are expected.

Physical location:
California State Archives
Rules or conventions:
Finding aid prepared using Describing Archives: a Content Standard

Access and use

Location of this collection:
1020 "O" Street
Sacramento, CA 95814, US
Contact:
(916) 653-2246
reference@sos.ca.gov
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