BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 11XX
          Author:   Steinberg (D)
          Amended:  2/14/09
          Vote:     21

           
          WITHOUT REFERENCE TO COMMITTEE 


           SUBJECT  :    Budget Act of 2008:  judicial benefits

           SOURCE  :     Administrative Office of the Courts


           DIGEST  :     Senate Floor Amendments  of 2/14/09 delete the  
          prior version of the bill expressing the intent of the  
          Legislature to enact statutory changes relating to the  
          Budget Act of 2008.

          This bill now responds to a recent state court of appeal  
          decision by authorizing counties and courts to continue  
          providing existing local benefits to trial court judges.

           ANALYSIS  :    The Lockyer-Isenberg Trial Court Funding Act  
          of 1997 (AB 233, Escutia) consolidated all trial court  
          funding decisions at the state level.  However, even as the  
          State assumed a greater responsibility for trial court  
          operations, counties and courts were permitted to continue  
          providing supplemental benefits to trial court judges, as  
          had been the practice prior to 1997.  In 2008, the Court of  
          Appeal, in  Sturgeon v. County of Los Angeles  (2008) 167  
          Cal.App.4th 630, held that in order to comply with article  
          VI, section 19 of the California Constitution, state laws  
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          must expressly authorize such supplemental benefits.  This  
          bill addresses the Court's holding in  Sturgeon  by expressly  
          authorizing counties and courts to continue providing  
          existing local benefits to trial court judges.

          This bill contains findings and declarations that set forth  
          the Legislature's intent to address the  Sturgeon  decision.   
          Specifically, the bill states that county-provided benefits  
          were considered by the Legislature in enacting the  
          Lockyer-Isenberg Trial Court Funding Act of 1997, in which  
          counties could receive a reduction in the county's  
          maintenance of effort obligations if counties elected to  
          provide benefits pursuant to Government Code Section  
          77201(c)(l) for trial court judges of that county.  This  
          bill also notes that numerous counties and courts  
          established supplemental benefits to retain qualified  
          applicants for judicial office, and that trial court judges  
          relied upon the existence of these long-standing  
          supplemental benefits.

          This bill permits counties and courts that provided  
          supplemental benefits to trial judges as of July 1, 2008,  
          to continue doing so on the same terms and conditions as  
          were in effect on that date.  This bill further permits a  
          county to terminate its supplemental benefits at any time.   
          However, a county will be required to continue providing  
          benefits to sitting judges for the remainder of their  
          six-year term.

          This bill provides that neither the State nor the Judicial  
          Council is obligated to pay for benefits previously  
          provided by a county, city and county, or the court.

          This bill further provides that no governmental entity, or  
          officer or employee of a governmental entity, shall incur  
          any liability or be subject to prosecution or disciplinary  
          action because of benefits provided to a judge under the  
          official action of a governmental entity prior to the  
          effective date of this act on the ground that those  
          benefits were not authorized by law.

          This bill requires that the Judicial Council report to the  
          Legislature on or before December 31, 2009, analyzing  
          inconsistencies in statewide benefits. 







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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          DLW:do  2/13/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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