Micheli Files

Role of the judiciary in the lawmaking process

California courts, image by NanoStockk

Members of the state and federal judiciary branches play a role in the California lawmaking process as a part of our government’s system of “checks and balances.” When California statutes or regulations are legally challenged, for example, then the state or federal court that makes a determination establishes a policy for the state.

Micheli Files

Legislative privilege in California

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Under a longstanding doctrine known as legislative immunity, legislators are generally immune from civil liability for their official acts. On the other hand, a derivative doctrine, called the legislative privilege, creates a privilege against giving evidence on official legislative acts.

Micheli Files

Second year end-of-session rule reminders

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As the 2023-24 Legislative Session comes to a close on Saturday, August 31, there are a number of reminders of key rules to keep in mind during the final four weeks of the Session.

Micheli Files

Revolving door limitations in California

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There are rules for those leaving government service, which we refer to as the “revolving door” between the public and private sectors. These provisions of the California Government Code are found in the Political Reform Act of 1974, which places restrictions upon legislators and other public officials when they leave government service.

Micheli Files

OAL’s six standards of review for proposed regulations

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California’s Office of Administrative Law (OAL) plays several roles concerning the rulemaking activities of the state’s two hundred regulatory agencies, departments, boards, and commissions. There is not just the “regular” rulemaking, but also emergency rulemaking, and even review of “underground” regulations.

Micheli Files

Amending versus revising the California constitution

California justice, image by Mehaniq

As a result of the California Supreme Court removing the Taxpayer Protection Act from the November 2024 General Election ballot, attention has been drawn to the distinction between “amending” and “revising” the state Constitution. What is the difference?

Micheli Files

Challenges in California’s lawmaking process

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There is not a single factor that makes lawmaking in California difficult. Instead, it is a combination of factors that impacts resolution of public policy issues by the Legislature and sometimes results in gridlock or lack of success.

Micheli Files

Punctuation in California legislation

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As readers might anticipate, there are extensive rules of punctuation when drafting legislation in California. First, as a general bill drafting guide, the rules of English grammar, including punctuation, usually apply to legislative drafting.

Micheli Files

The law protecting legislative proceedings

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On both January 3 and July 3 of the 2024 California Legislative Session, the State Assembly Floor Sessions were disrupted and temporarily recessed by protesters in the Gallery. This has raised the question whether there are any laws available to preclude this disruptive behavior.

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