<P> Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices . The Court was expanded to five justices in 1862 . Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven . The justices are appointed by the Governor of California and are subject to retention elections . </P> <P> According to the California Constitution, to be considered for appointment, a person must be an attorney admitted to practice in California or have served as a judge of a California court for 10 years immediately preceding the appointment . </P> <P> To fill a vacant position, the Governor must first submit a candidate's name to the Commission on Judicial Nominees Evaluation of the State Bar of California, which prepares and returns a thorough, confidential evaluation of the candidate . Next, the Governor officially nominates the candidate, who must then be evaluated by the Commission on Judicial Appointments, which consists of the Chief Justice of California, the Attorney General of California, and a senior presiding justice of the California Courts of Appeal . The Commission holds a public hearing and if satisfied with the nominee's qualifications, confirms the nomination . The nominee can then immediately fill an existing vacancy, or replace a departing justice at the beginning of the next judicial term . </P> <P> If a nominee is confirmed to fill a vacancy that arose partway through a judicial term, the justice must stand for retention during the next gubernatorial election . Voters then determine whether to retain the justice for the remainder of the judicial term . At the term's conclusion, justices must again undergo a statewide retention election for a full 12 - year term . If a majority votes "no," the seat becomes vacant and may be filled by the Governor . </P>

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