BILL NUMBER: AB 2745 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2014
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 amend Sections 69614 and 69614.2 of, and to
add Section 69618 to to, the Government
Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
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 fiscal year,
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:
SECTION 1. Section 2452 of the Family Code is amended to read:
2452. The Judicial Council may, by rule, increase the procedures
set forth in this chapter.
SEC. 2. Section 69614 of the Government
Code is amended to read:
69614. (a) Upon appropriation by the Legislature in the 2006-07
fiscal year, there shall be 50 additional judges allocated to the
various superior courts pursuant to the uniform criteria described in
subdivision (b) for determining the need for additional superior
court judges.
(b) The judges shall be allocated, in accordance with the uniform
standards for factually determining additional judicial need in each
county, as approved by the Judicial Council in August 2001,
and as modified and updated and approved by the
Judicial Council in August 2004, Council,
pursuant to the Update of Judicial Needs Study, based on the
following criteria:
(1) Court filings data averaged over a period of three years.
(2) Workload standards that represent the average amount of time
of bench and nonbench work required to resolve each case type.
(3) A ranking methodology that provides consideration for courts
that have the greatest need relative to their current complement of
judicial officers.
(c) (1) The Judicial Council shall report to the Legislature and
the Governor on or before November 1 of every even-numbered year on
the factually determined need for new judgeships in each superior
court using the uniform criteria for allocation of judgeships
described in subdivision (b), as updated and applied to the average
of the prior three years' filings.
(2) On or before November 30, 2011, the Judicial Council shall
provide to the Legislature a special assessment of the need for new
judgeships in the family law and juvenile law assignments for each
superior court.
(3) The Judicial Council shall report, beginning with the report
due to the Legislature on November 1, 2012, on the implementation and
effect of subparagraph (C) of paragraph (1) of subdivision (c) of
Section 69615.
SEC. 3. Section 69614.2 of the
Government Code is amended to read:
69614.2. Upon appropriation by the Legislature in the 2007-08
fiscal year, there shall be 50 additional judges allocated to the
various county superior courts, pursuant to the uniform criteria
described in subdivision (b) of Section 69614, as updated and
approved by the Judicial Council on February 23, 2007.
Council.
SEC. 2. SEC. 4. Section 69618 is
added to the Government Code, to read:
69618. (a) The Legislature hereby ratifies 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, pursuant to subparagraph (C) of paragraph (1) of subdivision
(c) of Section 69615.
(b) The action described in subdivision (a) shall be in addition
to any action that may be taken pursuant to the authority described
in subparagraph (B) of paragraph (1) of subdivision (c) of Section
69615 to convert up to 16 subordinate judicial officer positions to
judgeships.