Ummm, can CA Supreme Court justices really be recalled?

[AntiFascist]

Unlike other CA judges, Supreme Court justices are not elected, they are appointed by the Governor and there is some sort of approval process involving the CA Bar Association. My partner is discussing this with me and arguing that they can't even be recalled, after he read through a document about the history of the CASC on their website. According to wikipedia:

http://en.wikipedia.org/wiki/California_Supreme_Court

"The justices are appointed to twelve year terms by the Governor of California...

After justices are appointed, they are subject to a retention vote at the next general election, and thereafter at twelve-year intervals.

The electorate has occasionally exercised the power to not retain justices."

So it seems like the electorate can vote whether or not to retain justices at 12 year intervals, or immediately after they are appointed, but how soon could this happen for the existing justices?

I went to a right-wing website that advocates the recall of CA SC justices if they vote the wrong way on Prop 8, and immediately they state "Because in California Supreme Court Justices are not appointed as they are under the federal constitution, but elected, they are subject to recall by the electorate, and rightly so." This would seem to be a false statement.

Is there someone more knowledgeable about this that can answer this question?

[CaliforniaPeggy]

1. I don't know about the timing...

But we have recalled justices before...

I remember when Rose Bird was kicked out of office.

:shrug:

[AntiFascist]

3. Rose Bird had served out 10 years of her 12 year appointment...

I found some information on her re-confirmation election which stated: "All California Supreme Court justices face a confirmation election for all or part of their 12-year term, depending on when they were initially appointed."

So I guess the question is, when would the next re-confirmation election be and for which justices?

[greeneyedboy]

2. I believe they can.

However, I don't think it would happen on marriage equality, and I don't think the threat of recall will compromise the justices' integrity. First of all, the court already dared to rule in our favor on that and the sky didn't fall. Secondly, marriage is not as much of a hot-button issue as the death penalty--without the tens of millions and relentless lies, Prop 8 would have sunk like a stone, and even with all that, it squeaked by (perhaps aided by election irregularities, but that's another story).

The Court can, should, and IMO probably will rule that Prop 8 would be an illegal revision of the constitution.

[AntiFascist]

4. I guess I can answer my own question...

Only Chief Justice George and Justice Moreno are up for reconfirmation in 2010.

So, is the right-wing willing to gamble whether a Democratic governor might appoint replacement justices should these lose reconfirmation?

[CreekDog]

5. they can lose a vote to retain, though i don't think that is much of a threat

it almost never happens.

also, California voters have probably noticed that judges never put ballot statements or campaign in these retention elections.

in the case of Rose Bird, Cruz Reynoso and Joseph Grodin who lost a 1986 vote, there was an advertising campaign launched against them and in an unprecedented move, 3 justices were thrown out.