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California Proposition 190, Disciplinary Proceedings and Removal of State Judges Amendment (1994)

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California Proposition 190
Flag of California.png
Election date
November 8, 1994
Topic
State judiciary and Government accountability
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

California Proposition 190 was on the ballot as a legislatively referred constitutional amendment in California on November 8, 1994. It was approved.

A "yes" vote supported transferring the authority to discipline and remove judges from the California Supreme Court to the Commission on Judicial Performance, increase membership of the commission, and provide for disciplinary proceedings.

A "no" vote opposed transferring the authority to discipline and remove judges from the California Supreme Court to the Commission on Judicial Performance, increase membership of the commission, and provide for disciplinary proceedings.


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. Proposition 190 also allowed the Commission, rather than the California Supreme Court, to retire or remove a judge, or to censure a judge or former judge.

Election results

California Proposition 190

Result Votes Percentage

Approved Yes

4,759,874 63.87%
No 2,692,377 36.13%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Proposition 190 was as follows:

Commission on Judicial Performance. Legislative constitutional amendment. 

Ballot summary

The ballot summary for this measure 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.

Full Text

The full text of this measure is available here.


Path to the ballot

The California State Legislature voted to put Proposition 190 on the ballot via Assembly Constitutional Amendment 46. A two-thirds vote was needed in each chamber of the California State Legislature to refer the constitutional amendment to the ballot for voter consideration.[1]

Votes in legislature to refer to ballot
Chamber Ayes Noes
Assembly 74 1
Senate 29 1

See also


External links

Footnotes