California Proposition 190, Judicial Performance and Discipline (1994)
Proposition 190 changed the composition of the state's Commission on Judicial Performance, and altered the way judges in the state are disciplined. It also mandated that when formal disciplinary proceedings against a judge are initiated, the charges and subsequent documentation are to be open to the public. Prop 190 also allows the Commission, rather than the California Supreme Court, to retire or remove a judge, or to censure a judge or former judge.
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Proposition 190 amended the California Constitution as follows:
- Amended Section 8 of Article VI.
- Amended Section 18 of Article VI.
- Added Section 18.5 to Article VI.
The ballot title was:
- Commission on Judicial Performance. Legislative Constitutional Amendment.
The ballot summary was:
- Transfers authority to remove or discipline judges from California Supreme Court to Commission on Judicial Performance.
- Provides for public disciplinary proceedings against judges and former judges and specifies the circumstances warranting their removal, retirement, suspension, admonishment, or censure.
- Increases non-judicial citizen membership on the Commission.
- Specifies authority of Commission to discipline former judges.
- Provides immunities to persons employed by or making statements to the Commission.
- Specifies review processes for Commission determinations and requires the Supreme Court to issue Code of Judicial Ethics.
The fiscal estimate provided by the California Legislative Analyst's Office said:
- Not likely to have a significant fiscal impact on the state.
Path to the ballot
The California State Legislature voted to put Proposition 190 on the ballot via Assembly Constitutional Amendment 46.
|Votes in legislature to refer to ballot|
- Statement of vote, California November 8, 1994 statewide elections
- Los Angeles Law Library, 1994 ballot propositions
- November 8, 1994 supplemental ballot proposition voter guide