JURISDICTION and VENUE

JURISDICTION and VENUE

RC Phillips, DDA (Ret.)
October, 2021

This P&A explains the distinction between jurisdiction and venue; discusses statutory venue requirements; and reviews the procedures for a defense objection to venue and the People’s burden in responding.

I.   JURISDICTION

            A.  “Jurisdiction” Generally

1.         As the California Supreme Court has noted, the term “jurisdiction” is “notoriously subject to confusion,” and has been continuously used in a variety of situations.  (People v. Simon (2001) 25 Cal.4th 1082, 1096, fn. 7.)  It is often mistakenly used interchangeably with venue. 

2.         A court has “fundamental jurisdiction” when it has the authority to hear the matter.  Fundamental jurisdiction requires “subject matter jurisdiction” and “personal jurisdiction”

3.         If a court lacks fundamental jurisdiction, its ruling is null and void, and a claim may be raised for the first time on appeal.  (People v. Ford (2015) 61 Cal.4th 282, 286.)

B.  Subject Matter Jurisdiction

1.         Subject matter jurisdiction, in the context of criminal matters, means the court has authority to adjudicate the criminal offense.

2.         A “competent court” is the court with subject matter jurisdiction over the named offense.  In California, a superior court has subject matter jurisdiction with regard to any felony offense committed within the state, no matter where the offense was committed.  (People v. Simon, supra, 25 Cal.4th 1082, 1097, fn. ....

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