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LWV CA Ed Fund LEAGUE OF WOMEN VOTERS OF CALIFORNIA EDUCATION FUND
Nonpartisan Pros & Cons of

Proposition 220

SUPERIOR AND MUNICIPAL COURT CONSOLIDATION.

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Legislative Constitutional Amendment

THE QUESTION

Should superior courts and municipal courts in each county have the option to consolidate if approved by a vote of a majority of superior and municipal court judges in that county?

THE SITUATION

Each of the state's 58 counties has one superior and one or more municipal courts. Superior courts usually handle civil cases with values over $25,000, all felony matters, cases in family law, juvenile law, and probate matters, as well as appeals from decisions at the municipal court level. Municipal courts hold preliminary hearings in felony matters; and handle traffic issues, misdemeanors, and civil cases with values under $25,000. When superior court calendars become too crowded, municipal court judges may be assigned to superior courts to lessen the load.

THE PROPOSAL

Superior and municipal judges in each county would be allowed to vote on unifying their courts. If a majority approves, the municipal court(s) would be abolished and current municipal court judges and administrative staff would be given superior court status.

FISCAL EFFECT

The Legislative Analyst estimates this measure "would likely result in net savings to the state ranging in the millions to tens of millions annually in the long term." These savings would be offset by increased state costs to elevate benefits and salaries of municipal court judges to the higher superior court level (approximately $10,000 more). Trial court funding laws have already increased the pay for municipal court judges who operate in 49 out of California's 58 counties that have an approved operational and judicial consolidation plan in place.

SUPPORTERS SAY

  • Courts could allocate judges more effciently and give courts flexibility to provide better public service.

  • Unified courts would eliminate duplication and operate more economically.

OPPONENTS SAY

  • Municipal court judges might not be qualified to hear superior court cases.

  • Eliminating the municipal court would remove the "people's court," the court that is closer to citizens.
(Analysis prepared by the League of Women Voters of California Education Fund.)

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Last updated: April 22, 1998
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