BILL NUMBER: SB 56 CHAPTERED
BILL TEXT
CHAPTER 390
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2006
APPROVED BY GOVERNOR SEPTEMBER 22, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
AMENDED IN ASSEMBLY AUGUST 29, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY JULY 13, 2005
AMENDED IN SENATE MAY 27, 2005
AMENDED IN SENATE APRIL 18, 2005
INTRODUCED BY Senator Dunn
(Principal coauthor: Senator Ducheny)
(Principal coauthor: Assembly Member Jones)
(Coauthors: Assembly Members Benoit, Bermudez, Bogh, and Emmerson)
JANUARY 12, 2005
An act to add Section 6009.5 to the Business and Professions Code,
and to amend Section 12011.5 of, and to add Sections 69614 and
77001.5 to, the Government Code, relating to trial court judges and
officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 56, Dunn Trial court judges and officers.
(1) Existing law requires a member of the State Bar to maintain
specified information on the official membership records of the State
Bar.
This bill would require the State Bar to adopt procedures to
facilitate reporting of mandatory and voluntary information by
providing members with a centralized mechanism for reporting
information online at the State Bar Internet Web site.
(2) Existing law requires the Governor to submit to a designated
agency of the State Bar of California the names of all potential
appointees or nominees for a vacant judicial office for evaluation of
their judicial qualifications. Existing law requires the State Bar
to evaluate and determine the qualifications of each candidate with
regard to his or her ability to discharge the judicial duties of the
office and to report its recommendation in confidence to the Governor
within 90 days.
This bill would require, on or before March 1, 2007, and annually
on or before each March 1 thereafter, all of the following: (a) the
Governor to disclose aggregate statewide demographic data provided by
all judicial applicants relative to ethnicity and gender, (b) the
designated agency of the State Bar responsible for evaluation of
judicial candidates to collect and release statewide demographic data
provided by judicial applicants reviewed and the statewide summary
of the recommendations of the designated agency by ethnicity and
gender, and (c) the Administrative Office of the Courts to collect
and release the demographic data provided by justices and judges
relative to ethnicity and gender by specific jurisdiction. The bill
would make other technical, nonsubstantive changes to these
provisions.
(3) Existing law specifies the number of judges of the superior
court for each county.
This bill would authorize 50 additional judges to be allocated,
upon appropriation by the Legislature in the 2006 -07 fiscal year, to
the various county superior courts, pursuant to uniform criteria
approved by the Judicial Council. The bill would require the Judicial
Council to report biennially to the Legislature and the Governor on
the factually determined need for new judgeships in each superior
court, as specified.
The bill would require the Judicial Council, on or before
November 1, 2007, to adopt, and report to the Legislature annually
thereafter upon, judicial administration standards and measures that
promote the fair and efficient administration of justice.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6009.5 is added to the Business and Professions
Code, to read:
6009.5. The State Bar shall adopt procedures to facilitate
reporting of mandatory and voluntary information by providing members
with a centralized mechanism for reporting information online at the
State Bar Internet Web site, including, but not limited to, data
required to be provided pursuant to the State Bar Act, or by other
statutes, rules, and case law, and demographic information. Any
demographic data collected shall be used only for general purposes
and shall not be identified to any individual member or his or her
State Bar record.
SEC. 2. Section 12011.5 of the Government Code is amended to read:
12011.5. (a) In the event of a vacancy in a judicial office to be
filled by appointment of the Governor, or in the event that a
declaration of candidacy is not filed by a judge and the Governor is
required under subdivision (d) of Section 16 of Article VI of the
Constitution to nominate a candidate, the Governor shall first submit
to a designated agency of the State Bar of California the names of
all potential appointees or nominees for the judicial office for
evaluation of their judicial qualifications.
(b) The membership of the designated agency of the State Bar
responsible for evaluation of judicial candidates shall consist of
attorney members and public members with the ratio of public members
to attorney members determined, to the extent practical, by the ratio
established in Sections 6013.4 and 6013.5 of the Business and
Professions Code. It is the intent of this subdivision that the
designated agency of the State Bar responsible for evaluation of
judicial candidates shall be broadly representative of the ethnic,
sexual, and racial diversity of the population of California and
composed in accordance with Sections 11140 and 11141 of the
Government Code. The further intent of this subdivision is to
establish a selection process for membership on the designated agency
of the State Bar responsible for evaluation of judicial candidates
under which no member of that agency shall provide inappropriate,
multiple representation for purposes of this subdivision.
(c) Upon receipt from the Governor of the names of candidates for
judicial office and their completed personal data questionnaires, the
State Bar shall employ appropriate confidential procedures to
evaluate and determine the qualifications of each candidate with
regard to his or her ability to discharge the judicial duties of the
office to which the appointment or nomination shall be made. Within
90 days of submission by the Governor of the name of a potential
appointee for judicial office, the State Bar shall report in
confidence to the Governor its recommendation whether the candidate
is exceptionally well qualified, well qualified, qualified, or not
qualified and the reasons therefor, and may report, in confidence,
other information as the State Bar deems pertinent to the
qualifications of the candidate.
(d) In determining the qualifications of a candidate for judicial
office, the State Bar shall consider, among other appropriate
factors, his or her industry, judicial temperament, honesty,
objectivity, community respect, integrity, health, ability, and legal
experience.
(e) The State Bar shall establish and promulgate rules and
procedures regarding the investigation of the qualifications of
candidates for judicial office by the designated agency. These rules
and procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
health, physical or mental condition, or moral turpitude which,
unless rebutted, would be determinative of the candidate's
unsuitability for judicial office. No provision of this section shall
be construed as requiring that any rule or procedure be adopted that
permits the disclosure to the candidate of information from which
the candidate may infer the source, and no information shall either
be disclosed to the candidate nor be obtainable by any process that
would jeopardize the confidentiality of communications from persons
whose opinion has been sought on the candidate's qualifications.
(f) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the State Bar in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the State Bar with a candidate or
person providing information in furtherance of the purposes of this
section shall not constitute a waiver of the privilege or a breach of
confidentiality.
(g) If the Governor has appointed a person to a trial court who
has been found not qualified by the designated agency, the State Bar
may make public this fact after due notice to the appointee of its
intention to do so, but that notice or disclosure shall not
constitute a waiver of privilege or breach of confidentiality with
respect to communications of or to the State Bar concerning the
qualifications of the appointee.
(h) If the Governor has nominated or appointed a person to the
Supreme Court or court of appeal in accordance with subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Commission on Judicial Appointments may invite, or the State Bar's
governing board or its designated agency may submit to the commission
its recommendation, and the reasons therefor, but that disclosure
shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the State Bar
concerning the qualifications of the nominee or appointee.
(i) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefor. As used in this section, the term "State Bar" means its
governing board and members thereof, the designated agency of the
State Bar and members thereof, and employees and agents of the State
Bar.
(j) At any time prior to the receipt of the report from the State
Bar specified in subdivision (c) the Governor may withdraw the name
of any person submitted to the State Bar for evaluation pursuant to
this section.
(k) No candidate for judicial office may be appointed until the
State Bar has reported to the Governor pursuant to this section, or
until 90 days have elapsed after submission of the candidate's name
to the State Bar, whichever occurs earlier. The requirement of this
subdivision shall not apply to any vacancy in judicial office
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies and with respect to nominations pursuant to subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Governor shall be required to submit any candidate's name to the
State Bar in order to provide it an opportunity, if time permits, to
make an evaluation.
(l) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to judicial
office, nor shall anything in this section be construed as adding any
additional qualifications for the office of a judge.
(m) The Board of Governors of the State Bar shall not conduct or
participate in, or authorize any committee, agency, employee, or
commission of the State Bar to conduct or participate in, any
evaluation, review, or report on the qualifications, integrity,
diligence, or judicial ability of any specific justice of a court
provided for in Section 2 or 3 of Article VI of the California
Constitution without prior review and statutory authorization by the
Legislature, except an evaluation, review, or report on potential
judicial appointees or nominees as authorized by this section.
The provisions of this subdivision shall not be construed to
prohibit a member of the State Bar from conducting or participating
in an evaluation, review, or report in his or her individual
capacity.
(n) (1) Notwithstanding any other provision of this section, on or
before March 1, 2007, and on or before March 1 of each year
thereafter, all of the following shall occur:
(A) The Governor shall disclose aggregate statewide demographic
data provided by all judicial applicants relative to ethnicity and
gender.
(B) The designated agency of the State Bar responsible for
evaluation of judicial candidates shall collect and release both of
the following on a aggregate statewide basis:
(i) Statewide demographic data provided by judicial applicants
reviewed relative to ethnicity and gender.
(ii) The statewide summary of the recommendations of the
designated agency of the State Bar by ethnicity and gender.
(C) The Administrative Office of the Courts shall collect and
release the demographic data provided by justices and judges
described in Article VI of the California Constitution relative to
ethnicity and gender, by specific jurisdiction.
(2) Any demographic data disclosed or released pursuant to this
subdivision shall disclose only aggregated statistical data and shall
not identify any individual applicant, justice, or judge.
(o) If any provision of this section other than a provision
relating to or providing for confidentiality or privilege from
disclosure of any communication or matter, or the application of the
provision to any person or circumstances, is held invalid, the
remainder of this section to the extent it can be given effect, or
the application of the provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected
thereby, and to this extent the provisions of this section are
severable. If any other act of the Legislature conflicts with the
provisions of this section, this section shall prevail.
SEC. 3. Section 69614 is added to the Government Code, 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 county 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) 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 calendar years' filings.
SEC. 4. Section 77001.5 is added to the Government Code, to read:
77001.5. On or before November 1, 2007, the Judicial Council
shall adopt, and shall report to the Legislature annually thereafter
upon, judicial administration standards and measures that promote the
fair and efficient administration of justice, including, but not
limited to, the following subjects:
(1) Providing equal access to courts and respectful treatment for
all court participants.
(2) Case processing, including the efficient use of judicial
resources.
(3) General court administration.