Bill Text: CA AB2116 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judges: gifts and honoraria.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-08-27 - Chaptered by Secretary of State - Chapter 206, Statutes of 2010. [AB2116 Detail]

Download: California-2009-AB2116-Introduced.html

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BILL NUMBER: AB 2116	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 18, 2010

   An act to amend Section 170.9 of the Code of Civil Procedure,
relating to judges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2116, as introduced, Evans. Judges: gifts and honoraria.
   Existing law limits the monetary value of gifts that may be
accepted by judges and prohibits judges from accepting any
honorarium. The Commission on Judicial Performance is required to
enforce these prohibitions.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 170.9 of the Code of Civil Procedure is amended
to read:
   170.9.  (a)  No   A  judge shall 
not  accept gifts from  any   a 
single source in  any   a  calendar year
with a total value of more than two hundred fifty dollars ($250).
This section shall not be construed to authorize the receipt of gifts
that would otherwise be prohibited by the California Code of
Judicial Ethics adopted by the California Supreme Court or any other
 provision of  law.
   (b) This section shall not prohibit or limit the following:
   (1) Payments, advances, or reimbursements for travel and related
lodging and subsistence permitted by subdivision (e).
   (2) Wedding gifts and gifts exchanged between individuals on
birthdays, holidays  ,  and other similar occasions,
 provided that   if  the gifts exchanged
are not substantially disproportionate in value.
   (3) A gift, bequest, favor, or loan from  any 
 a  person whose preexisting relationship with a judge would
prevent the judge from hearing a case involving that person, under
the Code of Judicial Ethics adopted by the California Supreme Court.
   (c) For purposes of this section, "judge" means  judges of
the superior courts, and justices of the courts of appeal or the
Supreme Court.   both of the following:  
   (1) A judge of a superior court.  
   (2) A justice of a court of appeal or the California Supreme
Court. 
   (d) The gift limitation amounts in this section shall be adjusted
biennially by the Commission on Judicial Performance to reflect
changes in the Consumer Price Index, rounded to the nearest ten
dollars ($10).
   (e) Payments, advances, or reimbursements, for travel, including
actual transportation and related lodging and subsistence 
which   that  is reasonably related to a judicial
or governmental purpose, or to an issue of state, national, or
international public policy, is not prohibited or limited by this
section if any of the following apply:
   (1) The travel is in connection with a speech, practice
demonstration, or group or panel discussion given or participated in
by the judge, the lodging and subsistence expenses are limited to the
day immediately preceding, the day of, and the day immediately
following the speech, demonstration, or discussion, and the travel is
within the United States.
   (2) The travel is provided by a government, a governmental agency
or authority, a foreign government, a foreign bar association, an
international service organization, a bona fide public or private
educational institution, as defined in Section 203 of the Revenue and
Taxation Code, or a nonprofit charitable or religious organization
 which   that  is exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, or by a person
domiciled outside the United States who substantially satisfies the
requirements for tax exempt status under Section 501(c)(3) of the
Internal Revenue Code.
   For purposes of this section, "foreign bar association" means an
association of attorneys located outside the United States (A) that
performs functions substantially equivalent to those performed by
state or local bar associations in this state and (B) that permits
membership by attorneys in that country representing various legal
specialties and does not limit membership to attorneys generally
representing one side or another in litigation. "International
service organization" means a bona fide international service
organization of which the judge is a member. A judge who accepts
travel payments from an international service organization pursuant
to this subdivision shall not preside over or participate in
decisions affecting that organization, its state or local chapters,
or its local members.
   (3) The travel is provided by a state or local bar association or
judges professional association in connection with testimony before a
governmental body or attendance at any professional function hosted
by the bar association or judges professional association, the
lodging and subsistence expenses are limited to the day immediately
preceding, the day of, and the day immediately following the
professional function.
   (f) Payments, advances, and reimbursements for travel not
described in subdivision (e) are subject to the limit in subdivision
(a).
   (g) No judge shall accept any honorarium.
   (h) "Honorarium" means  any   a  payment
made in consideration for any speech given, article published, or
attendance at  any   a  public or private
conference, convention, meeting, social event, meal  ,  or
like gathering.
   (i) "Honorarium" does not include earned income for personal
services  which   that  are customarily
provided in connection with the practice of a bona fide business,
trade, or profession, such as teaching or writing for a publisher,
and does not include fees or other things of value received pursuant
to Section 94.5 of the Penal Code for performance of a marriage.
   For purposes of this section, "teaching" shall include
presentations to impart educational information to lawyers in events
qualifying for credit under  Mandatory Continuing Legal
Education   mandatory continuing legal education  ,
to students in bona fide educational institutions, and to
associations or groups of judges.
   (j)  Subdivision   Subdivisions  
 (a) and (e) shall apply to all payments, advances,  and
 reimbursements for travel and related lodging and subsistence.
   (k) This section does not apply to any honorarium that is not used
and, within 30 days after receipt, is either returned to the donor
or delivered to the Controller for deposit in the General Fund
without being claimed as a deduction from income for tax purposes.
   (  l  ) "Gift" means  any   a 
payment to the extent that consideration of equal or greater value is
not received and includes a rebate or discount in the price of
anything of value unless the rebate or discount is made in the
regular course of business to members of the public without regard to
official status.  Any   A  person, other
than a defendant in a criminal action, who claims that a payment is
not a gift by reason of receipt of consideration has the burden of
proving that the consideration received is of equal or greater value.
However, the term "gift" does not include  any of the following
 :
   (1) Informational material such as books, reports, pamphlets,
calendars, periodicals, cassettes and discs, or free or reduced-price
admission, tuition, or registration, for informational conferences
or seminars. No payment for travel or reimbursement for any expenses
shall be deemed "informational material."
   (2) Gifts  which   that  are not used
and  which  , within 30 days after receipt, are
returned to the donor or delivered to a charitable organization
without being claimed as a charitable contribution for tax purposes.
   (3) Gifts from a judge's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin or the
spouse of any such person  ; provided that   .
  However,  a gift from any  such person
  of those persons  shall be considered a gift if
the donor is acting as an agent or intermediary for  any
  a  person not covered by this paragraph.
   (4) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100) of Title 9 of the Government Code.
   (5) Any devise or inheritance.
   (6) Personalized plaques and trophies with an individual value of
less than two hundred fifty dollars ($250).
   (7) Admission to events hosted by state or local bar associations
or judges' professional associations, and provision of related food
and beverages at  such   those  events,
when attendance does not require  "travel"  
"travel,"  as described in paragraph (3) of subdivision (e).
   (m) The Commission on Judicial Performance shall enforce the
prohibitions of this section.