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Below are all of the laws that govern the structure of courts that match your search criteria.
47 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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Oregon | Or. Rev. Stat. § 1.001 | Supreme Court creation |
The Legislative Assembly hereby declares that, as a matter of statewide concern, it is in the best interests of the people of this state that the judicial branch of state + See moregovernment, including the appellate, tax and circuit courts, be funded and operated at the state level. The Legislative Assembly finds that state funding and operation of the judicial branch can provide for best statewide allocation of governmental resources according to the actual needs of the people and of the judicial branch by establishing an accountable, equitably funded and uniformly administered system of justice for all the people of this state
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Supreme Court | Creation of the courts |
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Oregon | Or. Rev. Stat. § 2.510 | Court of Appeals creation | As part of the judicial branch of state government, there is created a court of justice to be known as the Court of Appeals. | Court of Appeals | 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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Montana | Mont. Code Ann. § 3-1-101 | The several courts of this state |
The following are courts of justice of this state: (1) the court of impeachment, which is the senate; (2) the supreme court; (3) the district courts; (4) the municipal + See morecourts; (5) the justices' courts; (6) the city courts and such other courts of limited jurisdiction as the legislature may establish in any incorporated city or town.
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Courts | Creation of the courts |
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Montana | Mont. Code Ann. § 3-5-901 | State assumption of district court expenses |
(1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in + See moresubsection (3). These costs include but are not limited to the following: (a) salaries and benefits for: (i) district court judges; (ii) law clerks; (iii) court reporters, as provided in 3-5-601; (iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and (v) other employees of the district court; (b) in criminal cases: (i) fees for transcripts of proceedings, as provided in 3-5-604; (ii) witness fees and necessary expenses, as provided in 46-15-116; (iii) juror fees and necessary expenses; (iv) for a psychiatric examination under 46-14-202, the cost of the examination and other associated expenses, as provided in 46-14-202(4); and (v) for commitment under 46-14-221, the cost of transporting the defendant to the custody of the director of the department of public health and human services to be placed in an appropriate facility of the department of public health and human services and of transporting the defendant back for any proceedings, as provided in 46-14-221(5); (c) except as provided in 47-1-201(5), the district court expenses in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings; (d) except as provided in 47-1-201(5), the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence: (i) transcript fees; (ii) witness fees; and (iii) expenses for psychiatric examinations; (e) except as provided in 47-1-201(5), the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody: (i) transcript fees; (ii) witness fees; (iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation; (iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and (v) expenses associated with court-ordered alternative dispute resolution; (f) except as provided in 47-1-201(5), costs of juror and witness fees and witness expenses before a grand jury; (g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a); (h) except as provided in 47-1-201(5), all district court expenses associated with civil jury trials if similar expenses were paid out of the district court fund or the county general fund in any previous year; (i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors; and (j) costs associated with the operation and maintenance of the youth court and youth court division operations pursuant to 41-5-111 and subsection (1)(a) of this section, except for those costs paid by other entities identified in Title 41, chapter 5.
(2) If a cost is not paid directly by the office of court administrator, the county shall pay the cost and the office of court administrator shall reimburse the county within 30 days of receipt of a claim.
(3) For the purposes of subsection (1), district court costs paid by the office of court administrator do not include:
(a) costs for clerks of district court and employees and expenses of the offices of the clerks of district court;
(b) costs of providing and maintaining district court office space; or
(c) charges incurred against a county by virtue of any provision of Title 7 or 46.
Credits
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District Court | Creation of the courts |
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Montana | Mont. Code Ann. § 3-11-101 | City court established--city court of record |
A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all + See morebusiness, civil and criminal. On nonjudicial days, as defined in 3-1-302, the court may transact criminal business only.
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City Courts | Creation of the courts |
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Montana | Mont. Code Ann. § 3-12-103 | Creation of court |
A small claims court may be created by a resolution passed by the board of county commissioners after consultation with the district court judges of the judicial district in which + See morethe county is located or by county initiative as provided in Title 7, chapter 5, part 1. Upon passage of the resolution or initiative, the judge of the appropriate judicial district shall, by court order, establish a small claims court under the provisions of this chapter. When the order is filed with the clerk of the district court of the appropriate county, the clerk of the district court becomes the clerk of the small claims court.
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Small claims 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 |