Proposition Summary

JUDGES. CENSURE, REMOVAL, JUDICIAL PERFORMANCE COMMISSION. LEGISLATIVE CONSTITUTIONAL AMENDMENT ARTICLE VI. Amends section 8 to change name of "Commission on Judicial Qualifications" to "Commission on Judicial Performance". Amends section 18 to permit Supreme Court to censure or remove judges for "persistent failure or inability" rather than for "wilful and persistent failure" to perform their duties; to permit Commission to admonish judges who act improperly or are derelict in performance of their duties; and to provide that Commission recommendations for censure, removal or retirement of Supreme Court judges be determined by seven court of appeals judges selected by lot. Financial impact: Minor if any effect on state costs.

Proposition Number

7

Year

1976

Document Type

Proposition

Pass/Fail

Pass

Legislative Vote Results

FINAL VOTE CAST BY LEGISLATURE ON ACA 96 (PROPOSITION 7) -- Assembly-Ayes, 66; Noes, 0 -- Senate-Ayes, 27; Noes, 1

Popular Vote Results

Y: 5655742; A: 83.1; N: 1150059; B: 16.9

Election Type

General Election

Proposition Type

Assembly Constitutional Amendment

Relevant Case

Kennick v. Commission on Judicial Performance: 50 Cal. 3d 297, 1990; McComb v. Commission on Judicial Performance: 138 Cal. Rptr. 459, 1977; McComb v. Superior Ct. of San Francisco: 68 Cal. App. 3d 89, 1977

Code Sections Affected

Amended Cal. Const. art. VI, sections 8, 18

For Author

Robert G. Beverly, Member of the Assembly, 51st District; John J. Miller, Member of the Assembly, 13th District; Chairman, Assembly Committee on Judiciary; Alfred H. Song, Member of the Senate, 26th District; Chairman, Senate Committee on Judiciary

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