Bill Text: CA AB2763 | 2009-2010 | Regular Session | Chaptered
Bill Title: Judgeships.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 690, Statutes of 2010. [AB2763 Detail]
Download: California-2009-AB2763-Chaptered.html
BILL NUMBER: AB 2763 CHAPTERED
BILL TEXT
CHAPTER 690
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 20, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Committee on Judiciary (Feuer (Chair), Brownley,
Evans, Jones, Lieu, and Monning)
FEBRUARY 25, 2010
An act to amend Sections 69614 and 69615 of the Government Code,
relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2763, Committee on Judiciary. Judgeships.
(1) Existing law requires the Judicial Council to report to the
Legislature and the Governor on or before November 1 of every
even-numbered year on the factually determined need for new
judgeships in each superior court using specified uniform criteria
for the allocation of judgeships.
This bill would require the Judicial Council, on or before
November 30, 2011, to provide to the Legislature a special assessment
of the need for new judgeships in the family law and juvenile law
assignments for each superior court.
(2) Existing law provides that 16 subordinate judicial officer
positions in eligible superior courts, as determined by the Judicial
Council, shall be converted to judgeships. Beginning in the 2008-09
fiscal year, existing law provides that, upon subsequent
authorization by the Legislature, 146 subordinate judicial officer
positions in eligible superior courts, as determined by the Judicial
Council, shall be converted to judgeships, upon the occurrence of
specified conditions, including that the proposed action is ratified
by the Legislature, either in the annual Budget Act or another
legislative measure, except that no more than 16 positions may be
converted to judgeships in any fiscal year.
This bill would provide, notwithstanding the above provisions,
that up to 10 additional subordinate judicial officer positions in
eligible superior courts may be converted to judgeships in any fiscal
year, commencing with the 2010-11 fiscal year. Each additional
position would be converted to a judgeship only if the conversions
will result in a judge being assigned to a family law or juvenile law
assignment previously presided over by a subordinate judicial
officer. Legislative ratification would be required, either in the
annual Budget Act or by statutory enactment, for the conversion of
any of the 146 subordinate judicial officer positions, and by
statutory enactment other than the annual Budget Act for the
conversion of the 10 additional subordinate judicial officer
positions. The bill would require the Judicial Council to report,
beginning with the above-described report due to the Legislature on
November 1, 2012, on the implementation and effect of this provision.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69614 of the Government Code is amended to
read:
69614. (a) Upon appropriation by the Legislature in the 2006-07
fiscal year, there shall be 50 additional judges allocated to the
various superior courts pursuant to the uniform criteria described in
subdivision (b) for determining the need for additional superior
court judges.
(b) The judges shall be allocated, in accordance with the uniform
standards for factually determining additional judicial need in each
county, as approved by the Judicial Council in August 2001, and as
modified and approved by the Judicial Council in August 2004,
pursuant to the Update of Judicial Needs Study, based on the
following criteria:
(1) Court filings data averaged over a period of three years.
(2) Workload standards that represent the average amount of time
of bench and nonbench work required to resolve each case type.
(3) A ranking methodology that provides consideration for courts
that have the greatest need relative to their current complement of
judicial officers.
(c) (1) The Judicial Council shall report to the Legislature and
the Governor on or before November 1 of every even-numbered year on
the factually determined need for new judgeships in each superior
court using the uniform criteria for allocation of judgeships
described in subdivision (b), as updated and applied to the average
of the prior three years' filings.
(2) On or before November 30, 2011, the Judicial Council shall
provide to the Legislature a special assessment of the need for new
judgeships in the family law and juvenile law assignments for each
superior court.
(3) The Judicial Council shall report, beginning with the report
due to the Legislature on November 1, 2012, on the implementation and
effect of subparagraph (C) of paragraph (1) of subdivision (c) of
Section 69615.
SEC. 2. Section 69615 of the Government Code is amended to read:
69615. (a) It is the intent of the Legislature in enacting this
section to restore an appropriate balance between subordinate
judicial officers and judges in the trial courts by providing for the
conversion, as needed, of subordinate judicial officer positions to
judgeships in courts that assign subordinate judicial officers to act
as temporary judges. The Legislature finds that these positions must
be converted to judgeships in order to ensure that critical case
types, including family, probate, and juvenile law matters, can be
heard by judges.
(b) (1) The Legislature finds that because of the unique nature of
family and juvenile law matters, including the long-lasting impact
of decisions in these cases, particularly on vulnerable children,
whenever possible, these cases should be presided over by judges, who
are accountable to the public.
(2) The Legislature also finds that a Judicial Council study
concluded that public trust and confidence in the courts are
strongest when the public believes that the decisionmaking processes
used by the court are fair and allow each litigant a reasonable
opportunity to be heard by the court. In order to improve the public
perception of procedural fairness in family law and juvenile law
matters, it is necessary that cases be heard by judges whenever
possible.
(3) It is therefore the intent of the Legislature, in allowing the
conversion of up to 10 additional subordinate judicial officer
positions, as provided in subparagraph (C) of paragraph (1) of
subdivision (c), to expedite the timeline for ensuring that family
and juvenile law matters are presided over by judges.
(c) (1) (A) Sixteen subordinate judicial officer positions in
eligible superior courts, as determined and approved by the Judicial
Council on February 23, 2007, pursuant to uniform criteria for
determining the need for converting existing subordinate judicial
officer positions to superior court judgeships, shall be converted to
judgeships as set forth in paragraph (2).
(B) Upon subsequent authorization by the Legislature, 146
subordinate judicial officer positions in eligible superior courts,
as determined by the Judicial Council pursuant to uniform criteria
for determining the need for converting existing subordinate judicial
officer positions to superior court judgeships, shall be converted
to judgeships as set forth in paragraphs (2) and (3), except that no
more than 16 subordinate judicial officer positions may be converted
in any fiscal year.
(C) Notwithstanding subparagraph (B), up to 10 additional
subordinate judicial officer positions in eligible superior courts
may be converted to superior court judgeships in any fiscal year.
Each additional position may be converted to a judgeship only if the
conversion will result in a judge being assigned to a family law or
juvenile law assignment previously presided over by a subordinate
judicial officer. The additional conversions authorized by this
subparagraph are subject to the requirements of paragraph (3).
(2) The positions for conversion shall be allocated each fiscal
year pursuant to uniform allocation standards to be developed by the
Judicial Council for factually determining the relative judicial need
for conversion of a subordinate judicial officer position that
becomes vacant to a superior court judgeship position.
(3) Beginning in the 2010-11 fiscal year, a subordinate judicial
officer position shall be converted to a judgeship when all of the
following conditions are met:
(A) A vacancy occurs in a subordinate judicial officer position in
an eligible superior court as determined by the uniform allocation
standards described in paragraph (2).
(B) The Judicial Council files notice of the vacancies and
allocations with the Chairperson of the Senate Committee on Rules,
the Speaker of the Assembly, and the Chairpersons of the Senate and
Assembly Committees on Judiciary.
(C) Except for proposed actions authorized pursuant to
subparagraph (C) of paragraph (1), the proposed action is ratified by
the Legislature, either in the annual Budget Act or by statutory
enactment. Because of the unique nature of the need for judges as
expressed in subdivision (b), a proposed action under subparagraph
(C) of paragraph (1) shall be ratified by the Legislature by
statutory enactment other than the annual Budget Act.
(4) Section 12011.5 shall apply to an appointment to a superior
court judgeship converted from a subordinate judicial officer
position.
(d) For purposes of this section, "subordinate judicial officer"
means an officer appointed under the authority of Section 22 of
Article VI of the California Constitution. This section shall not
apply to a subordinate judicial officer position established by
Section 4251 of the Family Code.
(e) It is the intent of the Legislature that no subordinate
judicial officer shall involuntarily lose his or her position solely
due to operation of this section. This section does not change the
employment relationship between subordinate judicial officers and the
trial courts established by law.
(f) This section does not limit the authority of the Governor to
appoint a person to fill a vacancy pursuant to subdivision (c) of
Section 16 of Article VI of the California Constitution.
(g) This section does not entitle a court to an increase in
funding.
(h) The operation of this section shall neither increase nor
decrease the number of judicial and subordinate judicial officer
positions and court support positions for which a county is
responsible by law.
