BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 2745 (Committee on Judiciary) - Courts.
Amended: June 19, 2014 Policy Vote: Judiciary 6-0
Urgency: No Mandate: No
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 2745 would authorize the Judicial Council to
convert 10 subordinate judicial officers (SJOs) to judgeships in
the 2014-15 fiscal year if the conversion would result in a
judge being assigned to a family law or juvenile law assignment,
as specified. This bill would also authorize the Judicial
Council to increase the procedures for family centered case
resolution and update the references to the uniform criteria
used by the Judicial Council to allocate additional judges.
Fiscal Impact:
Annual costs of up to $300,000 (General Fund*) for the
conversion of 10 SJOs to judgeships, based on the salary and
benefit differential of the two positions. The Judicial
Council has indicated these costs will be funded through the
reallocation of funds in the TCTF.
Unknown fiscal impact due to potential future increases in
procedures for family centered case resolution authorized to
be implemented by court rule.
*Trial Court Trust Fund (TCTF)
Background: Existing law authorizes the conversion of 162 SJO
positions in eligible courts to judgeships, upon vacancy, not to
exceed 16 conversions each fiscal year. Additionally, Chapter
690/2010 authorizes the Judicial Council to convert up to an
additional 10 SJO positions to judgeships each year, upon
vacancy, to eligible courts if the conversion of the positions
would result in the judge being assigned to a family law or
juvenile law assignment previously presided over by an SJO.
Existing law requires the conversion of the 10 additional SJO
positions to be ratified by the Legislature through legislation
other than the annual Budget Act. This was done most recently
AB 2745 (Committee on Judiciary)
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through AB 1403 (Committee on Judiciary) Chapter 510/2013, which
authorized the Judicial Council to convert up to 10 SJOs to
judgeships in 2013-14.
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 implement these provisions by
January 1, 2012, and also authorizes the Council, by rule, to
modify the procedures described above.
Existing law provides that 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 for determining the need for additional superior court
judges. These judges are to 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 approved by the Judicial
Council in August 2004, pursuant to the Update of Judicial Needs
Study, based on specified criteria.
Proposed Law: This bill would do the following:
Ratify the authority of the Judicial Council to convert
10 SJO positions to judgeships in 2014-15, provided the
conversion of these positions will result in judges being
assigned to family or juvenile law assignments previously
presided over by SJOs.
Authorize the Judicial Council to increase, by rule, but
not modify, the procedures for family centered case
resolution.
Update the references to the uniform criteria used by
the Judicial Council to allocate additional judges
authorized under existing law.
Related Legislation: SB 1190 (Jackson) 2014 would have
authorized an additional 50 judges, funded a prior set of 50
judges, and increased the number of justices from seven to nine
in the Fourth Appellate District Court of Appeal. This bill was
held on the Suspense File of this Committee.
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Prior Legislation: AB 1403 (Committee on Judiciary) Chapter
510/2013 ratified the authority of the Judicial Council to
convert 10 SJOs to judgeships in 2013-14.
SB 405 (Corbett) Chapter 705/2011 ratified the authority of the
Judicial Council to convert 10 SJOs to judgeships in 2011-12.
AB 2763 (Committee on Judiciary) Chapter 690/2010 authorized the
Judicial Council to convert up to an additional 10 SJOs to
judgeships each year, if the conversion of these positions will
result in a judge being assigned to a family or juvenile law
assignment previously presided over by an SJO.
AB 159 (Jones) Chapter 722/2007 permitted upon legislative
authorization, the conversion of up to 162 existing subordinate
SJO positions to judgeships in eligible superior courts upon a
vacancy of an SJO position, provided that no more than 16
subordinate judicial officer positions may be converted in any
calendar year.
Staff Comments: Existing law authorizes the conversion of 162
SJO positions in eligible courts to judgeships, upon vacancy,
not to exceed 16 conversions each fiscal year. Additionally,
Chapter 690/2010 authorizes the Judicial Council to convert up
to an additional 10 SJO positions to judgeships each year, upon
vacancy, to eligible courts if the conversion of the positions
would result in the judge being assigned to a family or juvenile
law assignment previously presided over by an SJO. Existing law
requires the conversion of the 10 additional SJO positions to be
ratified by the Legislature by legislation other than the annual
Budget Act. This bill would ratify the Judicial Council's
authority to convert 10 SJO positions, as specified, for the
2014-15 fiscal year.
The provisions of this bill do not increase the 162 total
conversions authorized under existing law, and the Judicial
Council has indicated that the maximum 16 positions authorized
per year have been converted for each of the last four years.
This bill will authorize an additional 10 SJO positions to be
converted to judgeships, upon vacancy, authorizing more family
and juvenile law cases to be heard by judges.
The annual cost difference (salary and benefits) between an SJO
and judgeship position is approximately $30,000 (General Fund).
AB 2745 (Committee on Judiciary)
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By allowing up to 10 new conversions, this bill could result in
annual state costs of up to $300,000. The Judicial Council has
indicated the increased cost will be funded through a
reallocation of funds in the Trial Court Trust Fund.
By authorizing the Judicial Council to increase, rather than
modify, existing procedures related to procedures for family
centered case resolution by rule of court, the courts could
potentially incur ongoing additional costs or savings of an
unknown magnitude. The costs or savings would be dependent on
the nature of the increases in procedures implemented by court
rule, and the additional workload or workload relief resulting
from these changes.