BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1005 (Alejo) - Judicial appointments: demographic data
Amended: June 3, 2013 Policy Vote: Judiciary 7-0
Urgency: No Mandate: No
Hearing Date: June 24, 2013
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1005 would add disability and veteran status to
the list of demographic data that is provided annually by
judicial applicants, nominees, appointees, justices, and judges,
and required to be collected and released by the Governor, the
Commission on Judicial Nominees Evaluation (JNE Commission) of
the State Bar, and the Administrative Office of the Courts
(AOC). This bill would require collection of the data
prospectively, with release of the new demographic data
beginning in 2015.
Fiscal Impact:
One-time minor cost (General Fund*) to the AOC to revise
survey form to accommodate two new demographic
characteristics.
Ongoing costs of approximately $30,000 (General Fund*) to seek
the data from judicial applicants, nominees, appointees,
justices, and judges prospectively.
Minor, absorbable costs for the Governor's Office and JNE
Commission.
*Trial Court Trust Fund
Background: Under existing law, the Governor, the JNE
Commission, and the AOC must annually collect and release
demographic data relative to ethnicity, race, and gender
provided by judicial applicants, nominees, appointees, justices,
and judges. Since 2012, with the enactment of SB 182 (Corbett)
Chapter 720/2011, these entities must also collect and release
data regarding gender identity and sexual orientation as well.
Providing the specified information is voluntary, and the
disclosure or release of any demographic data must be done on an
aggregated statistical basis and cannot identify any individual
AB 1005 (Alejo)
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applicant, justice, or judge. These disclosure requirements were
added in order to better understand the diversity, or lack
thereof, of the judicial branch and judicial applicants.
This bill seeks to determine how the disabled and veteran
communities are represented in the judiciary by providing for
demographic data relative to disability and veteran status to be
collected on a voluntary basis and reported on an aggregated
statistical basis.
Proposed Law: This bill would add disability and veteran status
to the list of demographic data that is provided annually by
judicial applicants, nominees, appointees, justices, and judges,
and required to be collected and released by the Governor, the
JNE Commission, and the AOC. In addition, this bill:
Provides that the collection of demographic data relative to
disability and veteran status shall be required on or after
January 1, 2014, and the release of this demographic data
shall begin in 2015.
Provides that the Governor and members of the judicial
selection advisory committees are encouraged to give
particular consideration to candidates from diverse
backgrounds and cultures reflecting the demographics of
California, including candidates with demographic
characteristics underrepresented among existing judges and
justices.
Prior Legislation: SB 182 (Corbett) Chapter 720/2011 added
gender identity and sexual orientation to the demographic
characteristics to be collected and reported.
Staff Comments: This bill would add disability and veteran
status to the list of demographic data to be collected and
released. This bill would require that the additional
demographic data be collected prospectively, with release of the
information beginning in 2015.
To collect and publish the demographic information required, the
Judicial Council would incur both one-time and ongoing
administrative costs. The estimated one-time cost to revise the
survey form to accommodate the new demographic characteristics
is estimated to be minor and absorbable. Prospectively, the
Judicial Council is estimated to incur ongoing administrative
costs of $30,000 (General Fund) to seek the data from new judges
AB 1005 (Alejo)
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and from those judges who may have not previously responded.
The JNE Commission is required to collect and release
information provided by all judicial applicants regarding
ethnicity, race, and gender, and areas of legal practice and
employment, as well as a statewide summary of recommendations by
category. This bill would add disability and veteran status to
list of demographic data collected and released. The JNE
Commission cost of collection and release of the additional
information would be minimal assuming that the upgrade to the
State Bar database to add and process the new data is a simple
task for the Stat Bar's information technology department.
The cost for the Governor's Office to collect and release the
additional information is estimated to be minor and absorbable.