Constitution of the State of San Andreas

We, the People of the State of San Andreas, in order to establish a faithful and consistent government, do ordain and establish this constitution. This document serves as the governing document of The State of San Andreas and all cities, counties, and communities within it. Its purpose is to clearly outline the powers and authorities of all government agencies and factions, the rights and privileges of the people of San Andreas, the guidelines for public representation, and the process through which new laws, concepts, and ideas can come into practice. The governing documents shall refer to all documents, codes, and legislation that make up the legal body of the State of San Andreas.

((This document outlines the broad policies and ideas that govern the legal factions, the government, and legal RP for Roleplay Project: V-VI. Other active legislation shall be kept in the respective sections of the forum. Furthermore, this document in its entirety is fictional.))

__**Section 1.**__ All people are, by nature, free and independent, and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

**__Sec. 2.__** Every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or the press. A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. Nor shall a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

**__Sec. 3.__** The people have the right to instruct their representatives, petition the government for redress of grievances, and assemble freely to consult for the common good. The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

**__Sec. 4.__** Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion. A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.

**__Sec. 5.__** The military is subordinate to civil power. A standing army may not be maintained in peacetime. Soldiers may not be quartered in any house in wartime except as prescribed by law, or in peacetime without the owner’s consent.

**__Sec. 6.__** Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.

**__Sec. 7.__** A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws. A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.

**__Sec. 8.__** A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.

**__Sec. 9.__** A person may not be imprisoned in a civil action for debt or tort.

**__Sec. 10.__** Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

__**Sec. 11.**__ A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.

__**Sec. 12.**__ Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine.

**__Sec. 13.__** The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

**__Sec. 14.__** Cruel or unusual punishment may not be inflicted or excessive fines imposed.

**__Sec. 15.__** Non-citizens have the same property rights as citizens

__**Sec. 16.**__ Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.

**__Sec. 17.__** In a criminal case, the people of the State of San Andreas have the right to due process of law and to a speedy and public trial.

**__Sec. 18.__** This Constitution shall not be construed by the courts to prohibit the joining of criminal cases as prescribed by the Legislature or by the people through the initiative process. In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admissible at preliminary hearings, as prescribed by the Legislature or by the people through the initiative process. In order to provide for fair and speedy trials, discovery in criminal cases shall be reciprocal in nature, as prescribed by the Legislature or by the people through the initiative process.

**__Section 1.__** All political power is inherent in the people. The government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

__**Sec. 2.**__ A United States citizen 18 years of age and resident in this State may vote.

__**Sec. 2.5.**__ A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted.

**__Sec. 3.__** The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.

__**Sec. 4.**__ All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan.

__**Sec. 5.**__ Voting shall be secret.

__**Sec. 6.**__ No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect.

__**Sec. 7.**__ The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State. A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors. In the case of a statute enacted by a bill passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, the petition may not be presented on or after January 1 next following the enactment date. The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

__**Sec. 8.**__ An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect. If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail. The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors, unless the initiative statute permits amendment or repeal without the electors’ approval. Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General, who shall prepare a title and summary of the measure as provided by law. The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

**__Sec. 9.__** Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter. A city or county initiative measure may not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of the city or county or any part thereof. A city or county initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

**__Section 1.__** The State of San Andreas is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

__**Sec. 2.**__ The boundaries of the State are those stated in the Constitution of 1849 as modified pursuant to statute. Los Santos is the capital of San Andreas.

**__Sec. 3.__** The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.

**__Sec. 3.5__** An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: 1. To declare a statute unenforceable, or refuse to enforce a statute, based on it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; 2. To declare a statute unconstitutional; 3. To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute, unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.

**__Sec. 4__** Suits may be brought against the State in such manner and in such courts as shall be directed by law.

**__Sec. 5__** English is the common language of the people of the United States of America and the State of San Andreas.

**__Sec. 6__** The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name. The style of all processes shall be “The People of the State of San Andreas,” and all prosecutions shall be conducted in their name and by their authority.

**__Sec. 7.__** As used herein, “property” includes real and personal property. 1. The original and ultimate right to all property within the limits of the State is in the people thereof. 2. All property within the limits of the State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people. 3. Transportation to or from any area of the public domain or between different areas of the public domain of material possession of which, pursuant to the foregoing provisions of this section, is permitted on the public domain shall not be unlawful.

**__Sec. 8.__** 1. The State has the rights prescribed in this article over persons within its limits, to be exercised in the cases and in the manner provided by law. 2. The State may punish for a crime. 3. The state may imprison or confine for the protection of the public peace, health, or of individual life or safety. 4. The State may require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck, and flood; and in other cases provided by statute.

**__Sec. 9.__** The people, as a political body, consist of: 1. Citizens who are electors. 2. Citizens who are not electors.

The citizens of the state are: 1. All persons born in the state and residing within it, except the children of alien public ministers and consuls. 2. All persons born out of the state who are citizens of the United States and residing within the state.

Persons in the State not its citizens are either: 1. Citizens of other States, or Aliens. 2. Every person has, in law, a residence. 3. Absence from this state, on business of the state or of the United States, shall not affect the question of residence of any person.

**____Sec. 10.____** Every person while within the State is subject to its jurisdiction and entitled to its protection. Allegiance is the obligation of fidelity and obedience that every citizen owes to the State. Allegiance may be renounced by a change of residence. A citizen of the United States who is not a citizen of the State has the same rights and duties as a citizen of the State, not an elector. An elector has no rights or duties beyond those of a citizen, not an elector, except the right and duty of holding office and voting. Notwithstanding any other provision of law, a public officer who is a minor shall have the rights and liabilities of an adult, both civil and criminal, concerning his official duties, and a candidate for nomination or election to public office who is a minor shall have the rights and liabilities of an adult, both civil and criminal, with regard to his activities as a candidate.

**__Preamble__** The Legislative Branch of the State of San Andreas shall comprise State Senators who shall propose, discuss, and review acts and laws of the state. The Legislative Branch of the City of Los Santos shall be the Los Santos City Council.

**__Section 1.__** The Los Santos City Council shall comprise of: The President of the City Council, as the Chairman of the City Council, and the President Pro-Tempore, acting as their deputy. An even number of council members, not including the President of the Council, from individual districts across the City of Los Santos.

**__Sec. 2.__** The Los Santos City Council shall be chaired by the President of the City Council. The President is responsible for calling a vote on legislation, helping ensure active discussions, and ensuring the other legislators' votes are accounted for. The City Clerk assists in tallying votes, and the President may act as a veto or tie-breaker.

**__Sec. 3.__** The Los Santos City Council may propose and vote on any matters pertinent to its membership. It may also approve funds or actions for Los Santos City Agencies to carry out. All councillors may present legislation for discussion at any stage of the legislative process. Clerks may also propose discussions and legislation, which must be sponsored by a legislator to be voted on.

**__Sec. 4.__** After at least FOUR (4) days of discussion, a piece of legislation may be called for a vote at the discretion of the President.

**__Sec. 5.__** Voting takes place over at least THREE (3) days, during which legislators may vote yea, nay, or abstain. The President may close voting at any time after THREE (3) days have passed.

**__Sec. 6.__** All legislation, except for agency appointments, must have a quorum of at least 51 percent of all legislators to be considered. Quorum is defined by the total number of votes cast, including yays, nays, and abstentions. In the event of a tie, the President casts the tie-breaker vote.

**__Sec. 7.__** Changes to the Constitution of San Andreas or the Los Santos City Charter require a unanimous decision and approval by the Governor of San Andreas.

**__Sec. 8.__** If legislation fails, it may be modified and brought back to a vote after TWO (2) weeks. Discussion may continue during that waiting period.

**__Sec. 9.__** The Los Santos City Council has the power to call articles of impeachment against members of the same Council and the Mayor of Los Santos. An 80% majority is required to begin the impeachment process: An impeachment follows the same procedure as typical legislation, with an 80% majority to succeed in impeachment. The President shall have the authority to issue reprimands, censure members, remove members from chambers, and strip members of their position at his or her discretion. The President shall have the authority to issue reprimands and propose censures for misconduct among councillors. The President shall have, in cases of egregious violations of decorum or in cases of criminal misconduct, the ability to make a recommendation of removal to the Governor of San Andreas, against any head of State Agency.

**__Preamble**__ The Executive of the State of San Andreas is defined as the Executive Branch of the State of San Andreas and its state agencies, and the Executive Branch of the County of Los Santos and its government agencies, and the Executive Branch of the City of Los Santos and its government agencies, which shall comprise at least, with more agencies created at the discretion of the Governor of San Andreas, or his Lieutenant Governor: 1. The State Government of San Andreas; 2. The County Government of Los Santos County; 3. The City Government of Los Santos; 4. The National Guard of San Andreas, with the Governor as its Commander-In-Chief; 5. The San Andreas Highway Patrol; 6. The San Andreas Department of Forestry and Fire Protection; 7. The Los Santos County Sheriff’s Department; 8. The Los Santos City Police Department; 9. The Los Santos City Fire Department;

A State Agency is defined as a publicly owned government department given a specific directive and reporting directly to the Governor of San Andreas or his Lieutenant Governor. These are currently: 1. The Government of the State of San Andreas; 2. The San Andreas Highway Patrol; 3. The Judiciary of San Andreas;

A Township within the County of Los Santos is defined as a publicly-owned government department that is given a specific directive and reports to the executive hierarchy of its government. These are currently: The Town of Paleto Bay and its incorporated agencies; The Town of Sandy Shores and its incorporated agencies;

**__Section 1.**__ The State Government of San Andreas shall have an Executive Branch comprising the Governor of San Andreas, the Lieutenant Governor of San Andreas, and the Secretary of State, and departments and bureaus deemed necessary by the Governor of San Andreas to manage the State of San Andreas and its counties and parishes. The Townships within the County of Los Santos shall comprise a Mayor or Chairperson, a Deputy, and departments and bureaus deemed necessary by the Mayor or Chairperson of each Township and the State Government of San Andreas to manage the Townships of Los Santos County. The City of Los Santos shall comprise a Mayor, a Deputy, and departments and bureaus deemed necessary by the Mayor or the State Government of San Andreas to manage the City of Los Santos.

**__Sec. 2.**__ The State Government executive branch shall have a Municipal Elections Bureau, headed by the Secretary of State, which shall be responsible for the fair running and maintenance of all elections in the State of San Andreas and the County of Los Santos.

**__Sec. 3.**__ The Governor of San Andreas shall have property management rights for all publicly owned buildings in the State of San Andreas and the County of Los Santos. The Mayor of Los Santos shall have property management rights for all City-Owned buildings in the City of Los Santos.

**__Sec. 4.**__ All legislation created and approved by the Los Santos City Council can be vetoed by the Mayor of Los Santos, the Council may bypass the veto by a vote requiring 80% Yays of all councilmembers present.

**__Sec. 5.**__ The Governor shall have the power to award any citizen the 'Order of Merit of San Andreas' and ’Medal of Valor of San Andreas’, which may be displayed as a ribbon at any formal event. The awards are to be created at the discretion of the Governor and his Secretary of State. The City of Los Santos shall have the power to issue an 'Exemplary Citizenship Medal', which may be displayed as a ribbon at any formal event.

**__Sec. 6.**__ The Governor shall have the power to pardon, commute, and reduce criminal sentences or fines at their discretion. The Mayors/Chairpersons of Los Santos County Townships may pardon fines at their discretion.

**__Sec. 7.**__ The Governor of San Andreas shall have the power to issue Executive Orders. The Mayor of Los Santos shall have the power to issue Municipal Orders and Ordinances, with the Los Santos City Council holding the right to veto ordinances with a 80% vote if deemed necessary by the President of the City Council..

**__Sec. 8.**__ The Governor shall have the power to petition capital punishment in criminal cases where the State of San Andreas is the plaintiff; in such cases, the case must be seen by the Supreme Court of San Andreas, and discretion on whether or not to allow capital punishment shall fall to the Chief Justice.

**__Sec. 9.**__ The Governor of San Andreas may issue a state of emergency at their discretion, or delegate said powers to the Secretary of State to: Control access to harbors, airports, and highways, roadways, and public facilities. Temporarily manage state agencies, government agencies, and their facilities. Mobilize the National Guard. Issue emergency funds.

The Mayors/Chairpersons of Los Santos County may issue a state of emergency within their respective cities/towns at their discretion to: Control access to highways, roadways, and public facilities. Issue emergency funds.

**__Sec. 10.**__ The Governor shall be able to veto appointments to the executive office of any State Agency or Los Santos County Government Agency, or any Los Santos City Government Agency, and remove any employee of any State Agency, or County of Los Santos Government Agency or any Los Santos City Government Agency, including the executives of these agencies, from their positions at their discretion. The Mayors/Chairpersons of the Los Santos County shall be able to formally protest appointments to the executive office of any County of Los Santos Government Agency, and may recommend the removal of any employee of any State Agency, including the executives of these agencies, from their positions at their discretion.

**__Sec. 11.**__ The heads of State Agencies or County Agencies, or City Agencies, id est the Governor of San Andreas, Lieutenant Governor, the Sheriff, the Firemarshal, the Mayor of Los Santos, Chief of Police, Fire Chief, and the Chief Justice, are collectively known as "executives". Executives may not issue orders to other executives or employees of other government executives, except in specific situations as defined by their jurisdiction agreements or where control has been relinquished by the relevant government executive. Only the Governor is exempt from this restriction.

**__Sec. 12.**__ Each State Agency or Los Santos County Agency, or Los Santos City Agency, and its relevant executive shall have complete autonomy of its personnel, facilities, jurisdictions, equipment, and day-to-day operations.

**__Sec. 13.**__ No State Agency, or County Agency, or City Agency and its members may arrest, issue orders, interfere with, object to, or deny the actions or activities of another State Agency or County Agency or City Agency and its on-duty members unless ordered to do so by injunction from the San Andreas Superior Court or in exigent circumstances.

"Exigent circumstances" include, but are not limited to: Situations where not violating this section will result in an unlawful death Situations where not violating this section will result in considerable unlawful damage to public or private property Situations where not violating this section will result in a major and long-lasting negative effect on the public image of the State of San Andreas, the County of Blaine, and the Greater Los Santos Area.

**__Sec. 14.**__ Disputes between State Agencies or County Agencies, or City Agencies, over policies, procedures, or operations shall be handled either: At the discretion of the Governor or his Lieutenant. Through the Superior Court of San Andreas, should all alternatives be exhausted, or no other timely solution exists. Through mutual agreement, mediated by a Los Santos City Council committee or an arbitrator designated by the President of the City Council, in the case of municipal disputes.

**__Sec. 15.**__ State Agencies and the County of Los Santos Government Agencies, and the City of Los Santos Government Agencies shall maintain internal affairs or human resources divisions responsible for handling complaints and reports about personnel activities. Disputes or disagreements over the conclusions of these reports shall be handled through the dispute process.

**__Sec. 16.**__ State Agencies and the County of Los Santos Government Agencies, and the City of Los Santos Government Agencies shall have regular, collective meetings with the Governor to discuss issues and goals.

**__Sec. 17.__** In a court of law, any member of State Agencies and the County of Los Santos Government Agencies, and the City of Los Santos Government Agencies are sworn employee testimonies shall carry the weight of full evidence, unless contradictory evidence is presented.

**__Section 1.**__ The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.

**__Sec. 2.**__ The Supreme Court consists of the Chief Justice of San Andreas and 6 associate justices. The Chief Justice may convene the court at any time. Concurrence of 4 judges present at the 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 Senior Associate Justice shall perform the duties of the Chief Justice.

**__Sec. 3.**__ The Judicial Council consists of the Chief Justice and one other justice of the Supreme Court, three judges of courts of appeal, 10 judges of superior courts, two nonvoting court administrators, and any other nonvoting members as determined by the voting membership of the council, each appointed by the Chief Justice for a three-year term pursuant to procedures established by the council; four nonvoting members of the State Bar appointed by its governing body for three-year terms; and one nonvoting member for each house of the Legislature appointed as provided by the house. Council membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy shall be filled by the appointing power for the remainder of the term. The council may appoint an Administrative Director of the Courts, who serves at its pleasure and performs functions delegated by the council or the Chief Justice. To improve the administration of justice, the council shall survey judicial business and make recommendations to the courts, make recommendations annually to the Governor and Legislature, adopt rules for court administration, practice, and procedure, and perform other functions prescribed by statute. The rules adopted shall not be inconsistent with statute. The Chief Justice shall seek to expedite judicial business and to equalize the work of judges. The Chief Justice may provide for the assignment of any judge to another court, but only with the judge’s consent if the court is of a lower jurisdiction. A retired judge who consents may be assigned to any court. Judges shall report to the council as the Chief Justice directs concerning the condition of judicial business in their courts. They shall cooperate with the council and hold court as assigned.

**__Sec. 4.**__ The Commission on Judicial Appointments consists of the Chief Justice, the Senior Associate Justice of the Supreme Court, the Attorney General, and the presiding justice of the court of appeal of the affected district or, if there are 2 or more presiding justices, the one who has presided longest or, when a nomination or appointment to the Supreme Court is to be considered, the presiding justice who has presided longest on any court of appeal.

**__Sec. 5.**__ The Commission on Judicial Performance consists of one judge of a court of appeals and two judges of superior courts, each appointed by the Supreme Court; two members of the State Bar of San Andreas who have practiced law in this State for 10 years, each appointed by the Secretary of State. Commission membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy shall be filled by the appointing power for the remainder of the term.

**__Sec. 6.**__ The State Bar of San Andreas is a public corporation. Every person admitted and licensed to practice law in this State is and shall be a member of the State Bar except while holding office as a judge of a court of record.

**__Sec. 7.**__ The Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in habeas corpus proceedings. Those courts also have original jurisdiction in proceedings for extraordinary relief in the nature of mandamus, certiorari, and prohibition. The appellate division of the superior court has original jurisdiction in proceedings for extraordinary relief in the nature of mandamus, certiorari, and prohibition directed to the superior court in causes subject to its appellate jurisdiction. Superior courts have original jurisdiction in all other causes. The court may make any comment on the evidence and the testimony and credibility of any witness, as in its opinion is necessary for the proper determination of the cause.

**__Sec. 8.**__ The Supreme Court has appellate jurisdiction when a judgment of death has been pronounced. With that exception, courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, and in other causes prescribed by statute. When appellate jurisdiction in civil causes is determined by the amount in controversy, the Legislature may change the appellate jurisdiction of the courts of appeal by changing the jurisdictional amount in controversy. Except as provided above, the appellate division of the superior court has appellate jurisdiction in causes prescribed by statute. The Judicial Council may permit courts exercising appellate jurisdiction to take evidence and make findings of fact when a jury trial is waived or not a matter of right.

**__Sec. 9.**__ The Supreme Court may, before decision, transfer to itself a cause in a court of appeal. It may, before a decision, transfer a cause from itself to a court of appeal or from one court of appeal or division to another. The court to which a cause is transferred has jurisdiction. The Supreme Court may review the decision of a court of appeal in any cause. The Judicial Council shall provide, by rules of court, for the time and procedure for transfer and for review, including, among other things, provisions for the time and procedure for transfer with instructions, for review of all or part of a decision, and for remand as improvidently granted. This section shall not apply to an appeal involving a judgment of death.

**__Sec. 10.**__ No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

**__Sec. 11.**__ The Legislature shall provide for the prompt publication of such opinions of the Supreme Court and courts of appeal as the Supreme Court deems appropriate, and those opinions shall be available for publication by any person. Decisions of the Supreme Court and courts of appeal that determine causes shall be in writing with reasons stated.

**__Sec. 12.**__ A person is ineligible to be a judge of a court of record unless, for 10 years immediately preceding selection, the person has been a member of the State Bar or served as a judge of a court of record in this State.

**__Sec. 13.**__ Judges of the Supreme Court shall be elected at large, and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years,s beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division, the Legislature shall provide that the first elective terms are 4, 8, and 12 years. Judges of Superior Courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case,e the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed below, or by any other arrangement. The Legislature may provide that an unopposed incumbent’s name not appear on the ballot. The terms of judges of superior courts are six years, beginning on the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judge’s term begins. Within 30 days before August 16 preceding the expiration of the judge’s term, a judge of the Supreme Court or a court of appeals may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor,r before September,16 shall nominate a candidate. At the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court, but later may be nominated and elected. The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments. Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of the superior Courts.

**__Sec. 14.**__ A judge of a court of record may not practice law and during the term for which the judge was selected is ineligible for public employment or public office other than judicial employment or judicial office, except a judge of a court of record may accept a part-time teaching position that is outside the normal hours of his or her judicial position and that does not interfere with the regular performance of his or her judicial duties while holding office. A judge of a trial court of record may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge. A judicial officer may not receive fines or fees for personal use.

**__Sec. 15.**__ A judge is disqualified from acting as a judge, without loss of salary, while there is pending (1) an indictment or an information charging the judge in the United States with a crime punishable as a felony under San Andreas or federal law, or (2) a petition to the Supreme Court to review a determination by the Commission on Judicial Performance to remove or retire a judge. The Commission on Judicial Performance may disqualify a judge from acting as a judge, without loss of salary, upon notice of formal proceedings by the commission charging the judge with judicial misconduct or disability. The Commission on Judicial Performance shall suspend a judge from office without salary when in the United States the judge pleads guilty or no contest or is found guilty of a crime punishable as a felony under San Andreas or federal law or of any other crime that involves moral turpitude under that law. If the conviction is reversed, suspension terminates, and the judge shall be paid the salary for the judicial office held by the judge for the period of suspension. If the judge is suspended and the conviction becomes final, the Commission on Judicial Performance shall remove the judge from office. Except as provided in subdivision (f), the Commission on Judicial Performance may (1) retire a judge for disability that seriously interferes with the performance of the judge’s duties and is or is likely to become permanent, or (2) censure a judge or former judge or remove a judge for action occurring not more than 6 years prior to the commencement of the judge’s current term or of the former judge’s last term that constitutes willful misconduct in office, persistent failure or inability to perform the judge’s duties, habitual intemperance in the use of intoxicants or drugs, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or (3) publicly or privately admonish a judge or former judge found to have engaged in an improper action or dereliction of duty. The commission may also bar a former judge who has been censured from receiving an assignment, appointment, or reference of work from any San Andreas state court. Upon petition by the judge or former judge, the Supreme Court may, in its discretion, grant review of a determination by the commission to retire, remove, censure, admonish, or disqualify pursuant to subdivision (b) a judge or former judge. When the Supreme Court reviews a determination of the commission, it may make an independent review of the record. If the Supreme Court has not acted within 120 days after granting the petition, the decision of the commission shall be final. A judge retired by the commission shall be considered to have retired voluntarily. A judge removed by the commission is ineligible for judicial office, including receiving an assignment, appointment, or reference of work from any San Andreas state court, and pending further order of the court, is suspended from practicing law in this State. The State Bar may institute appropriate attorney disciplinary proceedings against any judge who retires or resigns from office with judicial disciplinary charges pending. A determination by the Commission on Judicial Performance to admonish or censure a judge or former judge of the Supreme Court or remove or retire a judge of the Supreme Court shall be reviewed by a tribunal of 7 court of appeal judges selected by lot. No court, except the Supreme Court, shall have jurisdiction in a civil action or other legal proceeding of any sort brought against the commission by a judge. Any request for injunctive relief or other provisional remedy shall be granted or denied within 90 days of the filing of the request for relief. A failure to comply with the time requirements of this section does not affect the validity of commission proceedings. Members of the commission, the commission staff, and the examiners and investigators employed by the commission shall be absolutely immune from suit for all conduct at any time in the course of their official duties. No civil action may be maintained against a person, or adverse employment action taken against a person, by any employer, public or private, based on statements presented by the person to the commission. The Commission on Judicial Performance shall make rules implementing this section, including, but not limited to, the following: The commission shall make rules for the investigation of judges. The commission may provide for the confidentiality of complaints to and investigations by the commission. The commission shall make rules for formal proceedings against judges when there is cause to believe there is a disability or wrongdoing within the meaning of subdivision (d).

When the commission institutes formal proceedings, the notice of charges, the answer, and all subsequent papers and proceedings shall be open to the public for all formal proceedings instituted after February 28, 1995. The commission may make explanatory statements. The budget of the commission shall be separate from the budget of any other state agency or court. The Supreme Court shall make rules for the conduct of judges, both on and off the bench, and for judicial candidates in the conduct of their campaigns. These rules shall be referred to as the Code of Judicial Ethics.

**__Sec. 16.**__ The Legislature shall prescribe compensation for judges of courts of record. A judge of a court of record may not receive the salary for the judicial office held by the judge while any cause before the judge remains pending and undetermined for 90 days after it has been submitted for decision.

**__Sec. 17.**__ On stipulation of the parties litigant, the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause

**__Sec. 18.**__ The Legislature may provide for the appointment by trial courts of record of officers,s such as commissioners, to perform subordinate judicial duties.

**__Section 1.**__ The State is divided into counties, which are legal subdivisions of the State. Formation or consolidation requires approval by a majority of electors voting on the question in each affected county. The Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. Each governing body shall prescribe by ordinance the compensation of its members, but the ordinance prescribing such compensation shall be subject to referendum. The Legislature or the governing body may provide for other officers whose compensation shall be prescribed by the governing body. The governing body shall provide for the number, compensation, tenure, and appointment of employees.

**__Sec. 2.**__ For its own government, a city or town may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. Charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter are the law of the State and have the force and effect of legislative enactments. The governing body or charter commission of a city/town may propose a charter or revision. Amendment or repeal may be proposed by initiative or by the governing body. An election to determine whether to draft or revise a charter and elect a charter commission may be required by initiative or by the governing body.

**__Sec. 3.**__ A city/town may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

**__Sec. 4.**__ English is the common language of the people of the United States of America and the State of San Andreas.

**__Sec. 5.**__ A local government body may not grant extra compensation or extra allowance to a public officer, public employee, or contractor after service has been rendered or a contract has been entered into and performed in whole or in part, or pay a claim under an agreement made without authority of law. A city/town may not require that its employees be residents of such a city; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location.