BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 2763
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2763 (Judiciary Committee)
          As Amended August 18, 2010
          Majority vote 
           
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          |ASSEMBLY:  |76-0 |(June 1, 2010)  |SENATE: |23-9 |(August 20,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Seeks to improve the handling of family and juvenile  
          law cases in our courts.  Specifically,  this bill  :  

          1)Authorizes the Judicial Council (JC) to convert up to an  
            additional 10 subordinate judicial officer positions (SJOs) to  
            judgeships each year, upon vacancy and subsequent legislative  
            authorization, if the conversion of these additional positions  
            will result in a judge being assigned to a family or juvenile  
            law assignment previously presided over by a subordinate  
            judicial officer.

          2)Requires the JC to prepare and submit to the Legislature a  
            Judicial Needs Assessment that revises the time study  
            specifically for family and juvenile law, to get a better  
            handle on the judicial resource needs of our family and  
            juvenile courts.

           The Senate amendments clarify that the conversions which occur  
          under this legislation are subject to subsequent legislative  
          authorization.
           
          EXISTING LAW  :

          1)Provides that the Legislature shall prescribe the number of  
            judges and provide for the officers and employees of each  
            superior court.  

          2)Authorizes the conversion of 16 SJO positions in eligible  
            superior courts to judgeships each fiscal year as specified.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version approved by the Senate.








                                                                           
           AB 2763
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          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, by allowing up to 10 new conversions, this bill could  
          result in new annual state costs of up to $310,000 each year,  
          since the JC has indicated that this $310,000 cost could be  
          absorbed within existing resources of the Trial Courts Trust  
          Fund.  Requires JC to submit specified reports to the  
          Legislature.  This workload will be minor and absorbable within  
          existing JC staff and resources. 

           COMMENTS  :  This bill seeks to improve family and juvenile law  
          cases by increasing the likelihood that these matters are  
          presided over by judges and not SJRs.  The bill further seeks to  
          ensure that there is an appropriate understanding of the  
          shortage of family and juvenile law judges around the state so  
          that this shortfall may begin to be remedied in an appropriate  
          manner.  The bill is supported by the JC with no known  
          opposition.  

          According to the JC, historically, SJO positions were created  
          and funded at the county level to address courts' needs for  
          judicial-like resources when new judgeships were pending or not  
          yet authorized by the Legislature.  Unlike judges, SJOs are not  
          directly accountable to the public, but due to the shortages of  
          judges, are performing some of the most complex and sensitive  
          judicial duties.  Conversion of these positions to judgeships  
          when they become vacant makes them both more accountable to the  
          public and, the author contends, helps provide better trust and  
          confidence in the courts.
           
          In 2002 the JC identified family and juvenile law matters among  
          those that are of such a nature as to require judges, rather  
          than SJOs, to preside over them whenever possible.   
          This bill will therefore permit the JC to convert an additional  
          10 positions in each year.  Consistent with the Legislature's  
          increased focused interest on family and juvenile law reform and  
          improvement, and with the enacted legislative findings and  
          declarations regarding the rationale for conversion of SJOs, the  
          JC's repeated statements that judges rather than SJOs should  
          preside over critical case types such as family and juvenile  
          law, the recommendation of the BRC, and the focused attention on  
          family law matters with the work of the JC's Elkins Family Law  
          Task Force, the bill will permit the JC to convert the  
          additional 10 positions if and only if the conversion results in  








                                                                           
          AB 2763
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          a judge being assigned to a family or juvenile law assignment  
          that was previously presided over by an SJO, and only upon  
          subsequent authorization by the Legislature.  The bill does not  
          impact the JC's authority to convert the 16 positions already  
          authorized by law.  The criteria related to the family or  
          juvenile law assignment is related only to conversions number 17  
          through 26.


          Analysis Prepared by  :    Drew Liebert / JUD. / (916) 319-2334 


          FN: 0006333