Be a bail X-pert! How Courts Work

In California, the courts are divided into 2 systems: federal and state. There is also the system of tribal courts, which are part of the Native American reservation system. And there is a system of administrative hearings to help resolve disputes when a local or state government agency takes an action against an individual or business. This section explains the different types of courts in California and gives you an overview of how court cases work.

State Courts in California

California has 2 types of state courts, trial courts (also called “superior courts”) and appellate courts, made up of the Courts of Appeal and the California Supreme Court. The California Constitution also establishes the Judicial Council, which is the governing body of the California courts and is chaired by the California Supreme Court Chief Justice.

Trial Courts

Trial courts are also called “superior courts.” In the trial or superior court, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.

Superior courts handle:

• All civil cases (family law, probate, juvenile, and other civil cases);
• All criminal cases (felonies, misdemeanors, and infractions, like traffic tickets);
• Small claims cases and appeals of small claims cases;
• Appeals of civil cases involving $25,000 or less; and
• Appeals of infraction (like traffic) and misdemeanor cases.

 

There are 58 superior courts, 1 in each county. Some counties may have several courthouses in different cities, but they are all part of the same superior court for that county.

Superior court judges are elected by voters of the county on a non-partisan ballot at a general election. (Vacancies are filled by appointment of the Governor.) The term of office for a trial judge in California is 6 years. A superior court judge must have been an attorney admitted to practice law in California or have served as a judge of a court of record in this state for at least 10 years immediately preceding election or appointment. Click to find a particular California trial court judge.

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