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Below are all of the laws that govern the structure of courts that match your search criteria.
58 Results
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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California | Cal. Con. art. VI, § 2 | Supreme Court; justices; time for convening; concurrence required for judgment; acting Chief Justice |
The Supreme Court consists of the Chief Justice ofCalifornia and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of 4 judges present at + See morethe
argument is necessary for a judgment.
An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.
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Supreme Court | Creation of the courts |
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California | Cal. Con. art. VI, § 3 | Courts of appeal; districts; divisions; power; concurrence required for judgment; acting presiding justice |
The Legislature shall divide the State into districts eachcontaining a court of appeal with one or more divisions. Each
division consists of a presiding justice and 2 or more associate
justices. + See more It has the power of a court of appeal and shall conduct
itself as a 3-judge court. Concurrence of 2 judges present at the
argument is necessary for a judgment.
An acting presiding justice shall perform all functions of the
presiding justice when the presiding justice is absent or unable to
act. The presiding justice or, if the presiding justice fails to do
so, the Chief Justice shall select an associate justice of that
division as acting presiding justice.
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Court of Appeals | Creation of the courts |
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California | Cal. Con. Art. VI, Sec. 4 | Superior courts; officers and employees; appellate divisions |
In each county there is a superior court of one or morejudges. The Legislature shall prescribe the number of judges and
provide for the officers and employees of each superior + See morecourt. If
the governing body of each affected county concurs, the Legislature
may provide that one or more judges serve more than one superior
court.
In each superior court there is an appellate division. 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 of the appellate
division.
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Superior Court | Creation of the courts |
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Louisiana | La. Const. Art. 3 Sec. 9 | District courts - elected judges |
Section 9. Each circuit shall be divided into at least three districts, and at least one judge shall be elected from each. The circuits and districts and the number of + See morejudges as elected in each circuit on the effective date of this constitution are retained, subject to change by law enacted by two-thirds of the elected members of each house of the legislature.
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District Courts | Creation of the courts |
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Louisiana | La. Const. Ann. art. V, § 20 | Justice of the Peace/Mayor's Court - subject to change by law | Mayors' courts and justice of the peace courts existing on the effective date of this constitution are continued, subject to change by law. | Justice of the Peace Courts/Mayor's Courts | Creation of the courts |
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South Carolina | S.C. Code Ann. § 14-29-30 | Veterans treatment court programs may be established |
Each circuit solicitor may establish a veterans treatment court program. Each circuit solicitor that accepts state funding for the implementation of a veterans treatment court program must establish and administer + See moreat least one veterans treatment court program for the circuit within one hundred eighty days of receipt of funding. The circuit solicitor must administer the program and ensure that all eligible persons are permitted to apply for admission to the program.
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Veterans Treatment Court | Creation of the courts |
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South Carolina | S.C. Code Ann. § 14-31-40 | Mental health court program may be established |
each circuit solicitor may establish a mental health court program under one of the formats defined in Section 14-31-30. An offender arrested or convicted for any charges, except those excluded + See moreunder the provisions of Section 16-1-130, who are suffering from a diagnosed, or diagnosable mental illness, including those with a co-concurring disorder of substance abuse, may be eligible for referral to a mental health court program. In cases involving victims, proper notice shall be given to victims pursuant to Section 16-3-1525. Proper notice to a victim is not achieved unless reasonable attempts are made to contact the victim and the victim is either nonresponsive or cannot be located after a reasonable search. (b) Each circuit solicitor that accepts state funding for the implementation of a mental health treatment court program must establish and administer at least one mental health court program for the circuit within one hundred eighty days of receipt of funding. The circuit solicitor must administer the program and ensure that all eligible persons are permitted to apply for admission to the program.
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Mental Health Court | Creation of the courts |
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Tennessee | TN Const. Art. 6, § 1 | Enumeration of Courts |
"The judicial power of this State shall be vested in one Supreme Court and in such Circuit, Chancery and other inferior Courts as the Legislature shall from time to time, + See moreordain and establish; in the Judges thereof, and in Justices of the Peace. The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary. Courts to be holden by Justices of the Peace may also be established."
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All Courts | Creation of the courts |
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Tennessee | Tenn. Code Ann. § 16-1-101 | Vesting |
"The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery + See morecourts, chancery courts, courts of appeals, and the supreme court, and other courts created by law."
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All Courts | Creation of the courts |
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Tennessee | Tenn. Code Ann. § 16-15-101 | Creation |
"(a) There is created and established a court in and for each county of the state, except in counties having a population of not less than nine thousand one hundred + See moreseventy-five (9,175) nor more than nine thousand two hundred (9,200), according to the last federal census or any subsequent federal census, which shall be designated as the court of general sessions.(b) It is the intent of this section to create a general sessions court in every county not expressly excepted in this section. In any county where a general sessions court has been created pursuant to the general provisions of this chapter, it is intended that the county shall always have a general sessions court unless abolished by another general statute. In counties in which there is no court of general sessions as provided in this section, references in this code to the court of general sessions are deemed to include the court having the jurisdiction of the court of general sessions in such counties."
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Court of General Sessions | Creation of the courts |
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Tennessee | Tenn. Code Ann. § 16-18-101 | Authorization |
"In any municipality in this state having a mayor's court or a municipal court presided over by the mayor of the municipality or the city recorder of the municipality and + See morehaving no other provision for a municipal judge for the municipality, the governing body of the municipality is authorized by ordinance to provide for the office of municipal judge."
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Municipal Court | Creation of the courts |
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Wisconsin | Wis. Stat. § Const. Art. 7, § 4 | Supreme court: elections, chief justice, court system administration |
(1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10-year terms of office commencing with the + See moreAugust 1 next succeeding the election. Only one justice may be elected in any year. Any 4 justices shall constitute a quorum for the conduct of the court's business. (2) The chief justice of the supreme court shall be elected for a term of 2 years by a majority of the justices then serving on the court. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court. (3) The chief justice of the supreme court shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court. The chief justice may assign any judge of a court of record to aid in the proper disposition of judicial business in any court of record except the supreme court.
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Supreme Court | Creation of the courts |
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Wisconsin | Outgamie Cty.Ct.R. Sec. 5 | Family court rules |
1. Family Court Matters: Family Court matters will consist of all actions affecting the family as enumerated in Section 767.02 of the Wisconsin Statutes. 2. Assignment of Judge to Family + See moreCourt: All Family Court matters except as indicated below will be heard by the Circuit Court assigned in accordance with the Circuit Court workload distribution rules. 3. Caption on Family Court Matters: All matters filed in Family Court shall be captioned: State of Wisconsin--Family Court--Outagamie County.
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Family Courts | Creation of the courts |
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Alabama | Ala.Code 1975 § 12-23A-4(a)(1) | Drug court - establishment of |
The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court.
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Drug Court | Creation of the courts |
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Florida | Fla. Stat. §29.0081(1) | County funding of additional court personnel |
A county and the chief judge of a judicial circuit that includes that county may enter into an agreement under which the county funds personnel positions to assist in the operation of the circuit.
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County courts | Creation of the courts |
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Florida | Fla. Stat. §29.008(2) | County funding of court-related functions |
Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts system, including associated staff and expenses, to meet local requirements. |
County courts | Creation of the courts |
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Florida | Fla. Stat. §29.008(1) | County funding of court-related functions |
Counties are required by s. 14, Art. V of the State Constitution to fund the cost of communications services, existing radio systems, existing multiagency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the circuit and county courts, public defenders offices, state attorneys offices, guardian ad litem offices, and the offices of the clerks of the circuit and county courts performing court-related functions. For purposes of this section, the term circuit and county courts includes the offices and staffing of the guardian ad litem programs, and the term public defenders offices includes the offices of criminal conflict and civil regional counsel. The county designated under s. 35.05(1) as the headquarters for each appellate district shall fund these costs for the appellate division of the public defender's office in that county.
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County courts | Creation of the courts |
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Florida | Fla. Stat. §29.001 | State courts system elements and definitions |
(1) For the purpose of implementing s. 14, Art. V of the State Constitution, the state courts system is defined to include the enumerated elements of the Supreme Court, district courts of appeal, circuit courts, county courts, and certain supports thereto. The offices of public defenders and state attorneys are defined to include the enumerated elements of the 20 state attorneys’ offices and the enumerated elements of the 20 public defenders’ offices and five offices of criminal conflict and civil regional counsel. Court-appointed counsel are defined to include the enumerated elements for counsel appointed to ensure due process in criminal and civil proceedings in accordance with state and federal constitutional guarantees. Funding for the state courts system, the state attorneys’ offices, the public defenders’ offices, the offices of criminal conflict and civil regional counsel, and other court-appointed counsel shall be provided from state revenues appropriated by general law.
(2) Although a program or function currently may be funded by the state or prescribed or established in general law, this does not designate the program or function as an element of the state courts system, state attorneys’ offices, public defenders’ offices, or the offices of the circuit and county court clerks performing court-related functions as described in s. 14, Art. V of the State Constitution. |
State courts | Creation of the courts |
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Florida | Fla. Const. Art. V, Sec. 14 | Funding |
(a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys offices, public defenders offices, and court-appointed counsel, except as otherwise provided in subsection (c), shall be provided from state revenues appropriated by general law.
(b) All funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law. (c) No county or municipality, except as provided in this subsection, shall be required to provide any funding for the state courts system, state attorneys offices, public defenders offices, court-appointed counsel or the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall be required to fund the cost of communications services, existing radio systems, existing multi-agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the trial courts, public defenders offices, state attorneys offices, and the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall also pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law. (d) The judiciary shall have no power to fix appropriations. |
All court | Creation of the courts |
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Florida | Fla. Const. Art. V, Sec. 1 | Courts |
The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality.
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All court | Creation of the courts |