BILL ANALYSIS                                                                                                                                                                                                    



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1103 (Papan)
          As Amended June 19, 2001
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 10, 2001)  |SENATE: |37-0 |(June 21,      |
          |           |     |                |        |     |2001)          |
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           Original Committee Reference:    L. GOV.  

           SUMMARY  :   Revises the requirements for law library boards of  
          trustees. 

           The Senate amendments  require a majority of incumbent judges to  
          concur when the county board of supervisors reduces the size of  
          the board of trustees. 

           EXISTING LAW  :

          1)Establishes in each county a board of law library trustees for  
            the purpose of governing the county law library.  

          2)Provides for the membership of those boards, which is limited  
            to superior and municipal court judges, members of the county  
            bar, and members of the board of supervisors.

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Authorized the appointment of persons who are residents of the  
            county as law library board trustees.

          2)Expanded the authorization of who may serve as a trustee from  
            county bar members to State Bar members.

          3)Eliminated the requirement that a municipal court judge serve  
            as a trustee.

           FISCAL EFFECT  :  None

           COMMENTS  :   

          1)SCA 4 (Lockyer), Chapter 34, Statutes of 1996, provided a  
            local option for merger of the superior and municipal courts  








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            in each county.  It addressed the concern about duplication 
          of resources between the courts and facilitating the  
            administration of justice.  SB 2169 (Lockyer), Chapter 931,  
            Statutes of 1998, made various technical statutory changes  
            needed 
          to implement trial court unification in counties which so  
            elected following the approval of SCA 4.  This bill is a  
            continuation of such efforts, amending the requirements of who  
            may sit on a law library board of trustees.  

          2)Proponents of this bill contend that allowing members of the  
            general public to serve on the boards of county law libraries  
            would broaden the representation of the public on county law  
            library boards and reflect the extent of actual library users.  
             They state that there are an 


          increasing number of laymen using law libraries for purposes  
            such as self-representation in a court of law.  In addition,  
            proponents assert that allowing the general public onto a  
            board enables the lay community to become more familiar with  
            what a law library does. 

          Proponents assert that allowing the general public on a board  
            would be beneficial for fundraising.  Judges are constrained  
            in what they can do to raise money due to ethical obligations.  
             Proponents state that a major problem of county law libraries  
            is funding because the statutory source of funding emanates  
            from a fraction of civil filing fees.  Decline in civil action  
            filings has reduced the county law library funding in the past  
            several years.  They believe that a county board of  
            supervisors is more likely to appropriate general fund county  
            money to the county law library if the power of the board and  
            the courts exists to appoint at least one law library trustee  
            who is a representative of the general public.

          3)Many attorneys do not belong to a county bar in the locale  
            where they live or practice, whereas all attorneys are  
            required to belong to the State Bar.  Deleting the requirement  
            of county bar membership allows all of the attorneys in the  
            county to be eligible to serve on 
          the board. 

           
          Analysis Prepared by  :   Joanne Wong / L. GOV. / (916) 319-3958 








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