AB 2745, as amended, 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 fiscalbegin delete year,end deletebegin insert yearend insert 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:
Section 2452 of the Family Code is amended to
2read:
The Judicial Council may, by rule, increase the
4procedures set forth in this chapter.
begin insertSection 69614 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
6read:end insert
(a) Upon appropriation by the Legislature in the
82006-07 fiscal year, there shall be 50 additional judges allocated
9to the various superior courts pursuant to the uniform criteria
10described in subdivision (b) for determining the need for additional
11superior court judges.
12(b) The judges shall be allocated, in accordance with the uniform
13standards for factually determining additional judicial need in each
14county, asbegin delete approved by the Judicial Council in August 2001, and begin insert updated andend insert approved by the Judicial
15as modified andend deletebegin delete Council in begin insert
Council,end insert pursuant to the Update of Judicial Needs
16August 2004,end delete
17Study, based on the following criteria:
18(1) Court filings data averaged over a period of three years.
P3 1(2) Workload standards that represent the average amount of
2time of bench and nonbench work required to resolve each case
3type.
4(3) A ranking methodology that provides consideration for
5courts that have the greatest need relative to their current
6complement of judicial officers.
7(c) (1) The Judicial Council shall report to the Legislature and
8the Governor on or before November 1 of every even-numbered
9year on the factually determined need for new judgeships in each
10superior court using the uniform criteria for allocation of judgeships
11
described in subdivision (b), as updated and applied to the average
12of the prior three years’ filings.
13(2) On or before November 30, 2011, the Judicial Council shall
14provide to the Legislature a special assessment of the need for new
15judgeships in the family law and juvenile law assignments for each
16superior court.
17(3) The Judicial Council shall report, beginning with the report
18due to the Legislature on November 1, 2012, on the implementation
19and effect of subparagraph (C) of paragraph (1) of subdivision (c)
20of Section 69615.
begin insertSection 69614.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
Upon appropriation by the Legislature in the 2007-08
24fiscal year, there shall be 50 additional judges allocated to the
25various county superior courts, pursuant to the uniform criteria
26described in subdivision (b) of Section 69614, as updated and
27approved by the Judicialbegin delete Council on February 23, 2007.end deletebegin insert Council.end insert
Section 69618 is added to the Government Code, to
30read:
(a) The Legislature hereby ratifies the authority of the
32Judicial Council to convert 10 subordinate judicial officer positions
33to judgeships in the 2014-15 fiscal year when the conversion will
34result in a judge being assigned to a family law or juvenile law
35assignment previously presided over by a subordinate judicial
36officer, pursuant to subparagraph (C) of paragraph (1) of
37subdivision (c) of Section 69615.
38(b) The action described in subdivision (a) shall be in addition
39to any action that may be taken pursuant to the authority described
40in subparagraph (B) of paragraph (1) of subdivision (c) of Section
P4 169615 to convert up to 16 subordinate judicial officer positions to
2judgeships.
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