California Law And Motion

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 4.  Superior Courts
Sections 71-77 

 

Chapter 4.  Superior Courts Table of Contents

CODE OF CIVIL PROCEDURE
SECTION 77

77.  (a) In every county and city and county, there is an appellate
division of the superior court consisting of three judges or, when
the Chief Justice finds it necessary, four judges.
   The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division. Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county, or a judge
retired from the superior court or a court of higher jurisdiction in
this state.
   The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.
   (b) In each appellate division, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
division shall designate the three judges who shall participate.
   (c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation. Whenever a
judge is designated to serve in the appellate division of the
superior court of a county other than the county in which that judge
was elected or appointed as a superior court judge, or if the judge
is retired, in a county other than the county in which the judge
resides, the judge shall receive expenses for travel, board, and
lodging. If the judge is out of the judge's county overnight or
longer, by reason of the designation, that judge shall be paid a per
diem allowance in lieu of expenses for board and lodging in the same
amounts as are payable for those purposes to justices of the Supreme
Court under the rules of the California Victim Compensation and
Government Claims Board. In addition, a retired judge shall receive
for the time so served, amounts equal to that which the judge would
have received if the judge had been assigned to the superior court of
the county.
   (d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that may
be done at chambers by the presiding judge of, the division. The
presiding judge shall convene the appellate division when necessary.
The presiding judge shall also supervise its business and transact
any business that may be done at chambers.
   (e) The appellate division of the superior court has jurisdiction
on appeal in all cases in which an appeal may be taken to the
superior court or the appellate division of the superior court as
provided by law, except where the appeal is a retrial in the superior
court.
   (f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
   (g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of, the appellate
division.
   (h) Notwithstanding subdivisions (b) and (d), appeals from
convictions of traffic infractions may be heard and decided by one
judge of the appellate division of the superior court.
 

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