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