California Legislature—2013–14 Regular Session

Assembly BillNo. 2745


Introduced by Committee on Judiciary (Assembly Members Wieckowski (Chair), Alejo, Chau, Dickinson, Garcia, Muratsuchi, and Stone)

March 4, 2014


An act to amend Section 2452 of the Family Code, and to add Section 69618 to the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2745, as introduced, Committee on Judiciary. Courts.

(1) Existing law authorizes courts to order a family centered case resolution to provide judicial assistance and management to parties in actions for dissolution of marriage. Existing law requires a court-ordered family centered case resolution plan to conform with due process requirements and authorizes the plan to include, among other things, an early neutral case evaluation and alternative dispute resolution, as specified. Existing law requires the Judicial Council to adopt a statewide rule of court to implement these provisions by January 1, 2012, and also authorizes the council, by rule, to modify the procedures described above.

This bill would instead authorize the Judicial Council, by rule, to increase the procedures described above.

(2) Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year, if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.

This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2014-15 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 2452 of the Family Code is amended to
2read:

3

2452.  

The Judicial Council may, by rule,begin delete modifyend deletebegin insert increaseend insert the
4procedures set forth in this chapter.

5

SEC. 2.  

Section 69618 is added to the Government Code, to
6read:

7

69618.  

(a) The Legislature hereby ratifies the authority of the
8Judicial Council to convert 10 subordinate judicial officer positions
9to judgeships in the 2014-15 fiscal year when the conversion will
10result in a judge being assigned to a family law or juvenile law
11assignment previously presided over by a subordinate judicial
12officer, pursuant to subparagraph (C) of paragraph (1) of
13subdivision (c) of Section 69615.

14(b) The action described in subdivision (a) shall be in addition
15to any action that may be taken pursuant to the authority described
16in subparagraph (B) of paragraph (1) of subdivision (c) of Section
1769615 to convert up to 16 subordinate judicial officer positions to
18judgeships.



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