BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1005
Author: Alejo (D), et al.
Amended: 6/3/13 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 6/11/13
AYES: Evans, Walters, Anderson, Corbett, Jackson, Leno, Monning
SENATE APPROPRIATIONS COMMITTEE : 7-0, 6/24/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 74-0, 5/20/13 - See last page for vote
SUBJECT : Judicial appointments: demographic data
SOURCE : Author
DIGEST : This bill adds 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 provides that the collection of this
demographic data is required only for judicial applicants,
candidates, appointees, nominees, justices, and judges who
apply, or are reviewed, appointed, nominated, or elected, on or
after January 1, 2014, and requires the release of this data to
begin in 2015.
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ANALYSIS : Existing law provides that in the event of a
vacancy in a judicial office to be filled by appointment of the
Governor, or when the Governor is required under the
Constitution to nominate a candidate, the Governor must first
submit the names of all potential appointees or nominees to the
JNE Commission for evaluation of their judicial qualifications.
Existing law requires that all of the following occur on or
before March 1 every year:
The Governor must collect and release the following on an
aggregated statistical basis: (1) demographic data provided
by all judicial applicants relative to ethnicity, race,
gender, gender identity, and sexual orientation; (2)
demographic data relative to ethnicity, race, gender, gender
identity, and sexual orientation as provided by all judicial
applicants, including both those whose names have been, and
whose names have not been, submitted to the JNE Commission
for evaluation; and (3) demographic data relative to
ethnicity, race, gender, gender identity, and sexual
orientation, as provided by all judicial appointees or
nominees.
The JNE Commission must collect and release the following on
an aggregated statistical basis: (1) statewide demographic
data provided by all judicial applicants reviewed regarding
ethnicity, race, gender, gender identity, and sexual
orientation and areas of legal practice and employment; and
(2) a statewide summary of recommendations by ethnicity,
race, gender, gender identity, and sexual orientation and
areas of legal practice and employment.
The AOC must collect and release demographic data provided
by justices and judges relative to ethnicity, race, gender,
gender identity and sexual orientation by specific
jurisdiction.
Existing law provides that the demographic data collected from
judicial applicants, nominees, and appointees shall be disclosed
only on an aggregated statistical basis and shall not identify
any individual applicant, justice, or judge.
Existing law specifies that all communications with the Governor
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or his/her authorized agents or employees and to the State Bar
in furtherance of the purposes of the law relating to judicial
offices are "absolutely privileged from disclosure and
confidential."
This bill adds disability and veteran status to the list of
self-reported demographic data required to be collected and
released by the Governor, the JNE Commission, and the AOC. As
under existing law, providing the specified information is
voluntary and any release of the data must be aggregated
statistical data and cannot identify any individual applicant,
justice, or judge.
This bill limits the collection of demographic data relative to
disability and veteran status to judicial applicants,
candidates, appointees, nominees, justices, and judges who
apply, or are reviewed, appointed, nominated, or elected, on or
after January 1, 2014, and specifies that the release of this
data is to begin in 2015.
Existing law provides that "mental disability" includes, but is
not limited to, all of the following:
Having any mental or psychological disorder or condition,
such as intellectual disability, organic brain syndrome,
emotional or mental illness, or specific learning
disabilities, that limits a major life activity, as
specified.
Any other mental or psychological disorder or condition not
described above that requires special education or related
services.
Having a record or history of a mental or psychological
disorder or condition described by either of the above
provisions, which is known to the employer or other entity
covered by this part.
Existing law provides that "physical disability" includes, but
is not limited to, all of
the following:
Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of
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the following: (1) affects one or more of the certain body
systems; and (2) limits a major life activity, as specified.
Any other health impairment not described above that
requires special education or related services.
Having a record or history of a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in the above provisions which is known
to the employer or other entity covered by this part.
Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical
condition that makes achievement of a major life activity
difficult.
Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease,
disorder, condition, cosmetic disfigurement, anatomical loss,
or health impairment that has no present disabling effect but
may become a physical disability as described in either of
the first two provisions above.
Existing law specifies that neither "mental disability," nor
"physical disability" includes sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use
of controlled substances or other drugs.
Existing law specifies that, notwithstanding the above
definitions, if the definition of "disability" used in the
federal Americans with Disabilities Act of 1990 would result in
broader protection of the civil rights of individuals with a
mental disability or physical disability, as defined under the
state law outlined above, or would include any medical condition
not included within those definitions, then that broader
protection or coverage shall be deemed incorporated by reference
into, and shall prevail over conflicting provisions of, the
definitions in state law.
Existing federal law defines "veteran" to mean a person who
served in the active military, naval, or air service, and who
was discharged or released therefrom under conditions other than
dishonorable.
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This bill defines disability to include both physical and mental
disability, pursuant to the existing definitions above.
This bill defines veteran status pursuant to existing federal
law above.
Existing law provides that members of the judicial selection
advisory committees are encouraged to recommend candidates from
diverse backgrounds and cultures reflecting the demographics of
California.
This bill instead encourages the Governor and the judicial
advisory committees 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.
Background
Under existing law, the Governor, the JNE Commission, and AOC
must collect and release demographic data relative to ethnicity,
race, and gender provided by judicial applicants, nominees,
appointees, justices, and judges. Those entities must collect
data regarding gender identity and sexual orientation, as well.
Providing the specified information is voluntary, and any
release of the data must be done on an aggregated statistical
basis and cannot identify any individual 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.
The AOC's most recent report indicated that in 2012 women made
up 31.3% of all justices and judges, compared to 27.1% when
reporting began in 2007. That same report indicated that the
percentage of Hispanic or Latino judges increased to 8.3% from
6.3% in 2007, Asian judges increased to 5.8% from 4.4%; and
Black or African-American judges increased to 6.1% from 4.4%.
Also, the 2012 report noted that the number of persons who
provided no response or declined to indicate their race or
ethnicity shrank to 3%, down from 9.9% in 2007. Pursuant to SB
182, the AOC report also indicated that, in 2012, 58.6%
identified as heterosexual; 1.1% identified as gay or lesbian,
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respectively; 0.06% identified as transgender; none identified
as bisexual, and 39.1% provided no response or declined to
indicate their sexual orientation/gender identity altogether.
With respect to judicial applicants and appointees, a 2012
report from Governor Brown indicated that women made up 36.3% of
all judicial applicants and 34.7% of appointees. The report
also indicated, among other things, that Hispanics made up 13.8%
of all judicial applicants and 17.3% of appointees; Asians made
up 7.8% and 4%, respectively; and Blacks or African-Americans
made up 8% and 9.3%, respectively. That report also indicates
that 5.3% of applicants, as well as appointees, identified as
LGBT (i.e. lesbian, gay, bisexual or transgender).
By way of comparison, however, information from the 2010 United
States Census indicate that Hispanics or Latinos make up 37.6%
of California's population while Asians make up 13% and Blacks
or African-Americans 6.2%. (2010 Census Results, California
[as of June 1, 2013].)
Data offered in relation to SB 182 indicated that as of October
2006, there were nearly 1.4 million gay, lesbian, and bisexual
Californians, or 5.2% of the population (transgender
Californians were not included). (See "Same-sex Couples and the
Gay, Lesbian, Bisexual Population: New Estimates from the
American Community Survey," The Williams Institute, UCLA School
of Law, October 2006.)
Prior Legislation
AB 126 (Davis, Chapter 667, Statutes of 2011), among other
things, required the State Bar, in collecting and releasing
statewide demographic data on all judicial applicants, and AOC,
in collecting and releasing demographic data on justices and
judges, to use specified ethnic and racial categories.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time minor cost (General Fund*) to the AOC to revise
survey form to accommodate two new demographic
characteristics.
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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
SUPPORT : (Verified 6/25/13)
AFSCME, Council 36
American Bar Association (support in part, relating to
disability status; neutral with respect to veteran status)
American Civil Liberties Union of California
American Legion - Department of California
AMVETS - Department of California
California Attorneys for Criminal Justice
California State Commanders Veterans Council
Epilepsy California
Public Interest Law Project
ARGUMENTS IN SUPPORT : According to the author:
Having professionals with diverse backgrounds on the bench
improves Californians' access to justice. Members of the
judicial selection advisory committees are encouraged to
recommend candidates that reflect the demographics of
California. Without the collection of data regarding veterans
and disabled persons, it will remain difficult to truly assess
the diversity of our judiciary.
According to the California Department of Veterans Affairs,
just over 1.8 million Californians are [v]eterans. Likewise,
the United States Census Bureau reported that approximately
5.9 million Californians have a disability. In spite of these
significant numbers, veteran and disabled communities are not
considered when recommending [judicial] candidates that
reflect the demographics of California.
This bill adds veterans and persons with a disability to the
list of demographic data provided by judicial applicants,
nominees, appointees, justices, and judges.
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ASSEMBLY FLOOR : 74-0, 5/20/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones, Levine,
Linder, Lowenthal, Maienschein, Mansoor, Medina, Melendez,
Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Donnelly, Holden, Jones-Sawyer, Logue,
Vacancy, Vacancy
AL:k 6/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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