BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                 AB 1008
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         ASSEMBLY THIRD READING
         AB 1008 (Torres)
         As Amended April 23, 2013
         Majority vote 

          JUDICIARY           6-4                                         
          
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         |Ayes:|Wieckowski, Alejo, Chau,  |     |                          |
         |     |Dickinson, Garcia, Stone  |     |                          |
         |     |                          |     |                          |
         |-----+--------------------------+-----+--------------------------|
         |Nays:|Wagner, Gorell,           |     |                          |
         |     |Maienschein, Muratsuchi   |     |                          |
         |     |                          |     |                          |
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          SUMMARY  :  Clarifies that a clerk of the superior court must attend  
         every session of the superior court and upon judges in chambers  
         when required.  

          EXISTING LAW  :

         1)Requires the clerk of the court to perform, in addition to the  
           powers, duties, and responsibilities provided by statute, any  
           powers, duties, and responsibilities required or permitted to be  
           exercised by the county clerk in connection with judicial  
           actions, proceedings, and records.  

         2)Requires the clerk of the court to attend each session of the  
           superior court in the county and, when required, upon the judges  
           of the court in chambers.  

         3)Sets forth other duties required to be performed by the clerk of  
           the court, including keeping court minutes and issuing all  
           required notices.  

         4)Provides that any act required or permitted to be performed by  
           the clerk of the court may be performed by a judge.  

          FISCAL EFFECT  :  None  

          COMMENTS  :  According to the author, this bill seeks to resolve a  
         conflict that exists today between two code sections - one that  
         requires court clerks to attend all superior court sessions and  








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         one that permits a judge to perform any act that may be performed  
         by a court clerk.  The Government Code, which addresses the  
         organization and operations of the courts, including the trial  
         courts, requires court clerks to attend all court sessions.   
         Another provision, in the Code of Civil Procedure (CCP), allows  
         judges to perform any act or duty of the court clerk.  However,  
         since the CCP contains procedural provisions specific to  
         particular cases before the court, the two provisions can easily  
         be read in harmony - allowing judges to perform any procedural  
         duties of the clerk, but still requiring that clerks attend each  
         court session. 

         This bill simply seeks to clarify and harmonize those two code  
         sections by providing that notwithstanding the authority of judges  
         to perform duties of the court clerk, clerks must still attend  
         each court session.  The author writes that the bill "eliminates  
         any ambiguity that might exist to court administrators between the  
         two sections and allows judges to continue to operate courtrooms  
         in as efficient and as flexible a manner as possible under  
         recently imposed budget constraints."

         Historically, trial courts in California were county entities,  
         funded by the counties, but in 1997, after significant problems  
         came to light with the county-based court funding model, the  
         Legislature passed the Lockyer-Isenberg Trial Court Funding Act,  
         AB 233 (Escutia and Pringle), Chapter 850, Statutes of 1997.   
         Under that bill, the state assumed responsibility for funding the  
         courts and helping ensure equal access to a quality judicial  
         system statewide.  After the state took over funding, the courts  
         received significant funding increases and historically  
         underfunded courts saw greater increases.  Unfortunately, the  
         recession forced significant reductions in state General Fund  
         support for the courts, but "one-time" fixes, backfills and new  
         revenues has, to date, substantially spared the court system the  
         brunt of the General Fund reductions.

         Even though trial courts have, to date, largely been spared the  
         bulk of the General Fund reductions, trial courts have taken  
         dramatic steps to address the budget cuts, including:  1) closing  
         courthouses and courtrooms, some on selected days and others  
         completely; 2) laying off or furloughing employees; and 3)  
         reducing services, including substantial cuts to self-help and  
         family law facilitator assistance, and providing fewer court  
         reporters and court interpreters.  While the Governor's 2013-14  








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         budget does not propose any additional cuts to the trial courts  
         and includes restoration of a $418 million one-time General Fund  
         reduction made this past year, some of the one-time fixes are set  
         to expire.  As a result, it is anticipated that courts will be  
         looking for additional ways to reduce expenditures, unless there  
         is an infusion of additional funds, including further laying off  
         or furloughing court employees, possibly including court clerks.   
         While this bill may not prevent layoffs of court clerks, it will  
         require that clerks attend all court sessions.

         In support of the bill, the American Federation of State, County  
         and Municipal Employees, AFL-CIO writes of the need to keep court  
         clerks in courtrooms:

              Without court clerks, official records can be incomplete.   
              Clerks record information, such as which witnesses are sworn  
              in, which jurors are chosen or excused, and which exhibits  
              are moved or denied.  Without a reliable record of court  
              proceedings, California's courts cannot serve their  
              communities to the best of their abilities.  AB 1008  
              preserves the essential job responsibilities of court clerks  
              while ensuring that courts function efficiently during  
              difficult budget seasons.

         The Judicial Council opposes the bill, arguing that "there are  
         increasing instances in some courts where judges are hearing  
         calendars without clerks in the courtroom simply to try to keep up  
         with the court's workload.  In light of significant budget  
         reductions to the trial courts, many courts have been forced to  
         reduce staff and consolidate services."  The Council believes that  
         the bill "will significantly interfere with the courts' ability to  
         process cases and manage their courtrooms and resources."


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


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