BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 973
                                                                Page  1


        ASSEMBLY THIRD READING
        AB 973 (Campos)
        As Amended May 27, 2011
        Majority vote 

         JUDICIARY           7-2         APPROPRIATIONS      12-5         
         
         ----------------------------------------------------------------- 
        |Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Fuentes, Blumenfield,     |
        |     |Huber, Huffman, Monning,  |     |Bradford, Charles         |
        |     |Wieckowski                |     |Calderon, Campos, Davis,  |
        |     |                          |     |Gatto, Hall, Hill, Lara,  |
        |     |                          |     |Mitchell, Solorio         |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Wagner, Jones             |Nays:|Harkey, Donnelly,         |
        |     |                          |     |Nielsen, Norby, Wagner    |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         SUMMARY  :  Requires trial courts to provide notice and an opportunity 
        for comment before adopting their annual budgets.  Specifically, 
         this bill  requires:

        1)A trial court that proposes to close any courtroom or close or 
          reduce hours of the clerks' office, in the required 60-day advance 
          written notice, to include how the public may provide written 
          comments on the court's closure or reduction plan.  Requires the 
          court to review and consider all public comments received, but 
          does not obligate the court to provide responses to comments.  
          Requires the court, if its closure or reduction plan changes as a 
          result of the comments received, to immediately provide notice to 
          the public by posting the revised plan, as provided.  Provides 
          that any change in the plan pursuant to the comments does not 
          require additional notification.

        2)Each trial court, prior to adopting a budget plan for the fiscal 
          year, to provide the public with notice of, and an opportunity for 
          input on, the trial court's proposed budget.  Requires that public 
          input be allowed by submission of written comments, and by holding 
          a public hearing, which must allow for public comment and must be 
          conducted in a reasonably accessible location for residents of the 
          county.  Does not require the court to provide responses to 
          comments received.  Allows the hearing to be conducted at the 
          county courthouse.  Requires that at least 10 court days prior to 








                                                                AB 973
                                                                Page  2


          the public hearing, notice of the hearing be given, as provided.  
          Requires that, at least three court days prior to the public 
          hearing, the proposed budget be made available to the public, as 
          provided. 

         EXISTING LAW  :  

        1)Allows the Judicial Council (JC), as part of its trial court 
          budget process, to seek input from the public as it deems 
          appropriate.  Provides that the trial court budget process may 
          include, among other things:  a) receipt of budget requests from 
          the trial courts; b) review of the trial courts' budget requests; 
          c) annual approval of a schedule for the allocation of moneys to 
          individual courts and an overall trial court budget; d) 
          reallocation of funds during the course of the fiscal year to 
          ensure equal access to the trial courts by the public, to improve 
          trial court operations, and to meet trial court emergencies; and, 
          e) establishment of rules regarding a court's authority to 
          transfer trial court funding moneys from one functional category 
          to another in order to address needs.  

        2)Gives the JC the ultimate responsibility to adopt a budget and 
          allocate funding for the trial courts and perform the other 
          activities listed in 1), above, that best assure the trial courts' 
          ability to carry out their functions, promote implementation of 
          statewide policies, and promote the immediate implementation of 
          efficiencies and cost saving measures in court operations, in 
          order to guarantee equal access to the courts.  

        3)Requires trial courts to provide written notification to the 
          public not less than 60 days prior to closing any courtroom, or 
          closing or reducing the hours of clerks' office during regular 
          business hours.  Requires the notification to include the scope of 
          the closure or reduction in hours, and the financial constraints 
          or other reasons that make the closure or reduction necessary.  

        4)Provides for the inspection and copying of judicial administrative 
          records, unless the records are exempt.  

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee, 
        the courts in every county will incur minor costs to hold public 
        hearings, with some courts in smaller or rural counties having to 
        lease facilities for this purpose.  These costs will probably not 
        exceed $50,000 to $75,000 statewide.  








                                                                AB 973
                                                                Page  3


           
          COMMENTS  :  This bill, sponsored by the American Federation of State, 
        County and Municipal Employees, requires each trial court to provide 
        the public with:  1) a draft of the trial court's annual budget; 
        and, 2) the opportunity for input into both the budget process and 
        any closure of courtrooms or reduction in the hours of the clerks' 
        office.

        The author explains the need for the bill:

             With the enactment of the Trial Court Funding Act of 1997, 
             the public lost the ability to provide input in the 
             administrative operation of the courts.  Specifically, 
             with the removal of the Superior Courts from the 
             responsibility of the county, the administration of the 
             Superior Courts were exempted from the requirement to 
             conduct public meetings.

             Neither the Legislature nor the Judicial Council of 
             California has the ultimate responsibility for the daily 
             operations of the trial courts and the services provided 
             to the public; that responsibility rests with each 
             Superior Court.  However, the Superior Courts are not 
             required by either the Brown Act or the Bagly-Keene Open 
             Meeting Act to conduct public meetings, and Superior 
             Courts do not voluntarily do so.  This bill simply 
             restores a mechanism of public accountability by requiring 
             the Superior Courts to conduct public meetings prior to 
             the adoption of their annual budget or any changes in 
             court services. 

        The American Federation of State, County and Municipal Employees 
        adds that this bill is necessary to "restore public oversight and 
        accountability to the California Superior Court system."  

         This bill requires each trial court, prior to adopting its annual 
        budget, to post copies of the proposed budget and to hold public 
        hearings on the budget.  Courts would be required to accept public 
        comment both in writing and orally at the hearing.  In addition, 
        courts would be required to provide the public with an opportunity 
        to comment on any proposal to close a courtroom or close or reduce 
        hours of the clerks' office.  These requirements allow the public to 
        provide input on how trial courts, while coping with severe budget 
        constraints, can still seek to ensure access to justice.     








                                                                AB 973
                                                                Page  4



        
        Analysis Prepared by  :    Leora Gershenzon / JUD. / (916) 319-2334 
                                                                    FN: 
                                                               0000901