Official Statement By The Court

About The

First Appellate District History

The Courts of Appeal were established by constitutional
amendment in 1904. They are California’s intermediate courts of
review and have jurisdiction when superior courts have jurisdiction
and in certain other cases prescribed by statute. They exercise
mandatory review of any appealable order or judgment from a
superior court, except in cases in which the death penalty is
imposed over which the Supreme Court exercises original
mandatory jurisdiction. (Cal. Const., Art. VI, § 11) There is no
constitutional right to an appeal and the Legislature has the power
to determine and change the matters which are appealable. (Powers
v. City of Richmond (1995) 10 Cal.4th 85, 108)

The Constitution grants the legislature the authority to divide the
State into districts each containing a court of appeal with one or
more divisions. (Cal. Const., Art. VI, § 3) California has six
appellate districts each organized into at least one division. (Gov.
Code 69100) Each division is headed by a presiding justice and has
two or more associate justices. Justices are appointed by the
Governor after review by the Commission on Judicial Nominations .
The Constitution requires that the Governor’s appointment must
be approved by the Commission on Judicial Appointments which
consists of the Chief Justice, the Attorney General, and the
presiding justice of the court of appeal of the affected district, or if
there are 2 or more presiding justices, the one who has presided
longest.. (Cal. Const., Art. VI, § 7) The Constitution prescribes a
term in office of 12 years for justices of the Courts of Appeal
subject to retention by the public at the next general election
following appointment and confirmation and at the conclusion of
each term. (Cal. Const., Art. VI, § 16)

Appeals from superior court judgments in both criminal and civil
cases must be decided on the merits of the case based upon the
record on appeal. The Courts of Appeal do not hear testimony,
retry the case or reconsider the factual findings of the judge or
jury. They review the final judgment or appealable order for
prejudicial errors of law. Decisions of the Courts of Appeal that
determine a cause shall be in writing with the reasons stated. (Cal.
Const., Art. VI, § 14)

Courts of Appeal have original jurisdiction in habeas corpus,
mandamus, certiorari and prohibition proceedings. In most writ
proceedings, the court has discretion whether to decide the merits
of the claims set forth in the petition.

Decisions of the Courts of Appeal are subject to discretionary
review by the California Supreme Court, however, the scope of
review by the Supreme Court differs from that by the Courts of
Appeal. The Court of Appeal's primary function is to review the trial
courts judgment for legal error. The California Supreme Court’s
review on the other hand is to decide important legal questions and
maintain statewide uniformity of decisions. In addition to review by
the Supreme Court, the decisions of the Courts of Appeal are
subject to certain types of review in the federal courts based upon
United States Constitutional and statutory grounds.

The state Courts of Appeal are to be distinguished from the United
States Court of Appeals for the Ninth Circuit. The United States
Court of Appeals exercises jurisdiction under federal laws and
represents the intermediate appellate court in the federal court
system. It exercises jurisdiction in Alaska, Arizona, California,
Idaho, Montana, Nevada, Oregon, Washington, Hawaii and Guam
which includes the Northern Mariana Islands. The judges in the
federal court system are nominated by the President subject to
Senate confirmation and are not subject to periodic retention
elections as are the Justices of the state Courts of Appeal.

First Appellate District

The Court of Appeal for the First Appellate District is required to
hold its regular sessions in San Francisco (Gov. Code 69101). It is
located at 350 McAllister Street.

Division Two of the First Appellate District was created by a 1918
constitutional revision which established two divisions of three
justices each. Since then the Court has grown reflecting the
increasing population and case growth in the district. Division Three
was added in 1961 and division Four in 1966. In 1975 the number
of justices in each division was increased to four In 1981 a fifth
division was created and the counties of Santa Clara, Santa Cruz,
San Benito and Monterey were removed from the First District to
create the Sixth Appellate District.

Today the 19 justices of the First Appellate District serve a
population of over five million citizens in twelve Northern California
counties, Alameda, Contra Costa, Del Norte, Humboldt, Lake,
Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and
Sonoma. On average, each year 2, 849 notices of appeal and 1,210
original proceedings are filed and 1,950 written opinions are issued.