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 that party believes the trial court or administrative agency
made an error of law that harmed the party.
In cases other than death
penalty appeals, a party seeks appellate review in the Court of Appeal.
After the Court of Appeal has made its decision, a party may seek review
in the California Supreme Court. Death penalty appeals are decided only
by the Supreme Court, not by the courts of appeal.
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 the final decision. This is because
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 appeal is considered by a panel of three
justices. Appellate court justices are assisted in their review by the
parties' written and oral arguments. To decide a case a majority of the
justices must agree. Whenever an appellate court reverses, it almost always
allows the trial court to rehear the case using the correct law and procedures.
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
enacted by those with the authority to do so, including the State Legislature
and the voters by initiative. Justices must enforce all laws without being
swayed by public opinion. The Code of Judicial Ethics requires all justices
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 judicial 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.
While appellate court justices
perform their roles quietly and without fanfare, the public can find much
of their work published in law books titled "California Reports," "California
Appellate Reports" and "California Reporter." Each of California's 58 counties
has a public law library containing these books, as do law schools and
most law offices.
