BILL ANALYSIS
AB 2321
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2321 (Hertzberg)
As Amended June 29, 2002
Majority vote
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|ASSEMBLY: |72-0 |(May 16, 2002) |SENATE: |39-0 |(August 12, |
| | | | | |2002) |
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Original Committee Reference: JUD .
SUMMARY : Clarifies and creates new procedures under which tort
claims against judicial branch entities are presented.
Specifically, this bill :
1)Establishes the Judicial Council (JC) rather than the Victim
Compensation and Government Claims Board (formerly known as
the Board of Control) as the governing body authorized to act
on claims and actions filed against a judicial branch entity
or judge thereof.
2)Defines "judicial branch entity" as any superior court, Court
of Appeal, the Supreme Court, the JC, or the Administrative
Office of the Courts (AOC).
3)Authorizes the JC to delegate its authority to act on claims
and actions to any committee of the JC or employee of AOC.
4)Specifies that claims and actions shall be presented by
delivering or mailing the claim to, or serving the action on,
the court executive officer if the claim is against a superior
court or judge thereof; to the clerk/administrator of the
Court of Appeal if against a Court of Appeal or judge thereof;
to the clerk of the Supreme Court if against the Supreme Court
or judge thereof; to the Secretariat of the Judicial Council
if against the JC or AOC.
5)Authorizes the State Controller to pay claims, settlement, and
judgments arising out of the activities of a judicial branch
entity or judge thereof upon certification by the
Administrative Director of the Courts that sufficient funds
for payment exists from funds allocated for such payment.
6)Provides that if sufficient funds to pay settlements or
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judgments do not exist, the Administrative Director of the
Courts shall report the settlements and judgments to the
Legislature for the purpose of introducing legislation
appropriating funds for payment.
7)Provides that if sufficient funds to pay claims do not exist,
the Administrative Director of the Courts shall report the
claims to the Victim Compensation and Government Claims Board
(Board), which may object to payment. If after conferring
with the Administrative Director of the Courts, the Board
withdraws its objection or if no objection is received, the
Administrative Director of the Courts shall report the claims
to the Legislature for the purpose of introducing legislation
appropriating funds for payment.
8)Makes various technical and conforming changes.
The Senate amendments require the Administrative Director of the
Courts to report to the JC concerning any action she or he takes
or proposes to take to prevent the future occurrence of
circumstances similar to those upon which a tort claim was
bared.
EXISTING LAW :
1)Establishes the Board, formerly known as the Board of Control,
and authorizes the Board to act on tort claims filed against a
state agency.
2)Directs the JC to adopt rules of court requiring the AOC to
manage actions, proceedings, and claims that affect the trial
courts and involve superior or municipal courts, superior or
municipal court judges, subordinate judicial officers, court
executive officers, or trial court employees in consultation
with the affected courts and individuals.
3)Provides that the AOC's management of these actions,
proceedings, and claims shall include, but not be limited to,
case management and administrative responsibilities such as
selection of counsel and making strategic and settlement
decisions.
AS PASSED BY THE ASSEMBLY , this bill permitted the judiciary to
handle tort claims brought against it.
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FISCAL EFFECT: According to the Assembly Appropriations
analysis, no fiscal impact. The JC indicates it has adequate
resources to manage tort claims filed against the judicial
branch.
COMMENTS : The author introduced this bill to permit the state's
judiciary to more efficiently handle tort claims brought against
judicial entities. As a general rule, a person bringing a claim
or lawsuit for money or damages against a public entity or a
public employee must comply with the requirements of the
California Tort Claims Act (TCA). The TCA prohibits, with
certain exceptions, such a lawsuit unless the person first
presents a written claim to the governing board of the public
entity in accordance with the TCA. The author notes that the
TCA distinguishes between local public entities and the state
and sets forth different requirements for presenting claims to
the former and the latter. Historically, claims against a trial
court were presented to the county in which that court was
located. Now, however, because of the relatively recent
separation of the trial courts from county governments, the
application of the TCA to the trial courts is ambiguous. A
person wishing to present a claim for money or damages against a
trial court currently cannot determine with certainty where to
do so.
According to the author, two statutes that took effect January
1, 2001, highlight the changing status of the trial courts and
the need for clarifying amendments to the TCA. These are the
Trial Court Employment Protection and Governance Act, which
provides, for purposes relevant to this issue, that employees
paid from the court's budget are trial court employees, as
opposed to county employees, and Government Code Section 811.9.
Government Code Section 811.9 provides that trial court
employees are public employees, for purposes of the TCA.
Government Code Section 811.9 also made the JC responsible for
providing representation, defense, and indemnification of
judges, subordinate judicial officers, executive officers, and
employees of the trial courts. As directed by that section, JC
adopted rule 6.800 of the California Rules of Court, which
requires the Office of the General Counsel (OGC) to manage and
administer a program for investigating and resolving all claims
and lawsuits affecting the trial courts. Trial courts are
required to forward claims and lawsuits to the OGC for handling.
Among other responsibilities, OGC is required to select and
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direct outside counsel, in consultation with the affected trial
court and any represented individuals. In addition, OGC is
required to: 1) make settlement decisions, in consultation with
the affected trial court and any individual defendant, where
payments would be less than $50,000; and, 2) make
recommendations to the JC's Litigation Management Committee
regarding proposed settlements requiring payments of $50,000 or
more, or involving important policy issues. Rule 6.14 describes
the oversight role of the Litigation Management Committee
regarding such proposed settlements.
Although Government Code Section 811.9 gives the JC and OGC
responsibility for claims affecting the trial courts, it does
not state precisely how those claims are to be presented or
considered. Under the TCA, claims generally are presented to a
"board," and the "board" acts on those claims. The board for
the state is the Victim Compensation and Government Claims Board
(formerly called the Board of Control). For local public
entities, it is the governing board of the entity. Government
code Section 811.9 does not identify the trial courts as being
either the "State" or a "local public entity" under the TCA. As
a result, it is unclear what "board" should receive and consider
claims. This bill clarifies that issue by specifying that JC
shall serve in this capacity for tort claims brought against
judicial entities.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0006013