Proposition Summary

JUSTICE COURTS. ELIGIBILITY. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Amends the State Constitution to provide that justice courts are courts of record and that a person is ineligible to be a justice court judge unless the person has been a member of the State Bar or served as a judge of a court of record in California for five years immediately preceding selection. Makes changes operative on January 1, 1990. Exempts justice court judges who held office on January 1, 1988, from the 5-year membership or service requirement. Makes exemption operative only until January 1, 1995. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: By itself, this measure would have no fiscal effect. but would depend on actions taken by the Legislature to implement it. The counties affected by the measure would have costs or savings to the extent that legislative changes in the salaries and/or retirement benefits of justice court judges would differ from those the counties would otherwise have made.

Proposition Number

91

Year

1988

Document Type

Proposition

Pass/Fail

Pass

Legislative Vote Results

Assembly - Ayes, 73; Noes, 0 -- Senate - Ayes, 30; Noes, 0

Popular Vote Results

Y: 5966766; A: 70.6; N: 2474255; B: 29.31

Election Type

General Election

Proposition Type

Assembly Constitutional Amendment

Relevant Case

Bach v. McNelis: 207 Cal. App. 3d 852: 255 Cal. Rptr. 232, 1989

Code Sections Affected

Amended Cal. Const. art. VI, sections 1, 15, and 15.5

For Author

Larry Stirling, Member of the Assembly, 77th District; V. Gene McDonald, President, California Judges Association; P. Terry Anderlini, President, State Bar of California

Against Author

Gary B. Wesley, Attorney at Law

Rebuttal Author

Gary B. Wesley, Attorney at Law

Rebuttal Against Author

Larry Stirling, Member of the Assembly, 77th District; V. Gene McDonald, President, California Judges Association; P. Terry Anderlini, President, State Bar of California

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