What Appellate Justices Do
Most legal disputes involving state law initially are decided by trial courts or certain administrative agencies. After such a decision, a party may seek appellate review of the ruling if the party believes the trial court or administrative agency made an error of law that harmed the party.
In cases other than death penalty appeals, the party seeks appellate review in the court of appeal. After the court of appeal has made its decision, the party may seek review in the California Supreme Court. Death penalty appeals are decided only by the supreme court.
Thousands of cases are appealed in California every year. They include criminal convictions; civil cases involving personal injury, contract, employment, real estate, probate, dissolution of marriage, child custody and many other issues; and administrative matters, such as worker's compensation. In the vast majority of these cases, the decision of the court of appeal is final. The supreme court grants review of only a few court of appeal decisions when necessary to resolve novel or disputed questions of law.
Proceedings in appellate courts are very different from those in trial courts. In trial courts, a judge or jury hears the testimony of witnesses, and reviews physical evidence, exhibits and documents, then decides which version to believe and reaches a decision. Appellate courts, on the other hand, do not decide an appeal by taking new evidence or reassessing the credibility of the witnesses who testified in the trial court. Rather, they review the written record to determine if the trial court properly interpreted the law and used the correct procedures when considering the case.
To ensure cases are examined from several perspectives, each supreme court case is heard by all seven of the high court's justices, while each court of appeal case is considered by a panel of three justices. Supreme and appellate court justices are assisted in their review by the parties' written and oral arguments. To decide a case in either court, a majority of the justices must agree.
All justices are bound to apply the law whether or not they personally agree with it. Justices may not substitute their own ideas for what the law should be, but are bound by the federal and state constitutions, statutes, and other rules and regulations legislated by those with the authority to do so, including the state legislature and voters by initiative. Judges must enforce all laws without being swayed by public opinion. The Code of Judicial Ethics requires all judges to "be faithful to the law regardless of partisan interests, public clamor or fear of criticism . . . ." The retention election system, adopted by California voters as part of the State Constitution, is designed specifically to foster judges' independence from improper external pressures.
The California Constitution generally requires appellate courts to decide a case in a written opinion setting forth the facts and rules of law upon which the decision is made. By constitutional mandate, the decision must be issued within 90 days after the case has been taken under submission or the justices hearing the case cannot receive their pay.
Important appellate opinions are published in law books and by electronic means which are available to judges, lawyers, the public, and the news media. Such opinions become rules of law which govern future disputes.
In 1996-1997, 18,802 criminal, juvenile, and civil cases were noticed for appeal. During the same period, appellate courts affirmed 95 percent of the criminal and juvenile cases, and 76 percent of the civil cases they heard. Whenever an appellate court reverses, it almost always allows the trial court to rehear the case using the correct law and procedures.
