BILL NUMBER: AB 1725	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2008
	AMENDED IN SENATE  AUGUST 18, 2008
	AMENDED IN SENATE  AUGUST 13, 2008
	AMENDED IN SENATE  AUGUST 6, 2008
	AMENDED IN SENATE  JULY 2, 2008
	AMENDED IN SENATE  MAY 6, 2008
	AMENDED IN SENATE  SEPTEMBER 7, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN SENATE  JUNE 18, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Members Lieu and Davis
   (Coauthor: Assembly Member Hayashi)

                        MARCH 6, 2007

   An act to  amend Section 12011.5 of   add
Section 12011.6 to  the Government Code, relating to judicial
appointments.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1725, as amended, Lieu. Evaluation of judicial appointments.
   Existing law requires the Governor to submit the names of all
potential appointees or nominees for a judicial office to a
designated agency of the State Bar of California for evaluation of
the qualifications of those appointees or nominees. Within 90 days of
submission by the Governor, the State Bar is required to report its
recommendation regarding the candidate, as specified. Existing law
authorizes the State Bar, if the Governor has appointed a person to a
trial court who has been found not qualified by the designated
agency, to make this fact public after due notice to the appointee of
its intention to do so.
   This bill would provide that any State Bar recommendation reported
to the Governor shall be null and void 3 years after the date of the
report. The bill would require the Governor to resubmit the name of
a candidate to the designated agency of the State Bar for a new
evaluation and recommendation if the candidate remains under
consideration for judicial appointment.  Upon  
Commencing January 1, 2009, upon  the appointment of a person to
a trial court by the Governor, the bill would require the State Bar
to make public that person's rating as either "qualified" or "not
qualified," as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 12011.6 i   s added to
the   Government Code   , to read:  
   12011.6.  (a) Any State Bar recommendation reported to the
Governor pursuant to Section 12011.5 shall be null and void three
years after the date of the report. The Governor shall resubmit the
name of a candidate to the designated agency of the State Bar for a
new evaluation and recommendation if the candidate remains under
consideration for judicial appointment. This subdivision shall apply
to any State Bar recommendation reported to the Governor pursuant to
Section 12011.5, before, on, or after January 1, 2009.
   (b) Commencing January 1, 2009, notwithstanding subdivision (g) of
Section 12011.5 upon the appointment of a person to a trial court by
the Governor, the State Bar shall make public that person's rating
as either "qualified" or "not qualified," as reported by the
designated agency of the State Bar, 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 appointee. For purposes of this subdivision,
the State Bar shall disclose the appointee's rating as "qualified" if
the person's rating as reported by the designated agency of the
State Bar to the Governor is "qualified," "well-qualified," or
"exceptionally well-qualified."  All matter omitted in this
version of the bill appears in the bill as amended in the Senate,
August 18, 2008 (JR11)