BILL ANALYSIS AB 2763 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2763 (Judiciary Committee) As Amended August 18, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(June 1, 2010) |SENATE: |23-9 |(August 20, | | | | | | |2010) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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