BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2745
Author: Assembly Judiciary Committee
Amended: 6/19/14 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/17/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 76-0, 5/27/14 - See last page for vote
SUBJECT : Courts
SOURCE : Author
DIGEST : This bill authorizes the Judicial Council to convert
10 subordinate judicial officer (SJO) positions to judgeships in
the 2014-2015 year, if the conversion will result in a judge
being assigned to a family law or juvenile law assignment, as
specified. This bill also authorizes the Judicial Council to
increase the procedures for family centered case resolution.
ANALYSIS :
Existing law:
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1.Provides that the Legislature shall prescribe the number of
judges and provide for the officers and employees of each
superior court, and provides that the Legislature may provide
for the trial courts to appoint officers such as commissioners
to perform subordinate judicial duties.
2.Authorizes the courts to appoint SJOs, and sets forth their
duties and titles.
3.Authorizes the conversion of 16 SJO positions in eligible
superior courts to judgeships each fiscal year as specified.
Further, it authorizes Judicial Council to convert up to an
additional 10 SJOs to judgeships each year, upon vacancy and
subsequent legislative authorization, if the conversion of
these additional positions will result in a judge being
assigned to a family or juvenile law assignment previously
presided over by an SJO, but requires that such authority be
ratified by the Legislature by statutory enactment.
This bill ratifies the authority of the Judicial Council to
convert 10 SJOs positions to judgeships in 2014-2015, provided
the conversion of these positions result in judges being
assigned to family or juvenile law assignments previously
presided over by a SJO, and provides that this authority is in
addition to the existing authority provided to convert 16 SJOs
to judges.
Background
In a 2010 report, Judicial Council analyzed the need for more
judges in California's courts. Judicial Council compared the
amount of judges necessary for court operation with the amount
of judicial positions authorized and funded, and determined that
there was a shortfall of 14%. Existing law permits litigants to
stipulate to the use of an attorney, appointed by the trial
court, to serve as a temporary judge to preside over their
matter. These temporary judges are known as SJOs. According to
Judicial Council, the current shortfall in available judges has
led to SJOs spending an average of 55% of their time working as
temporary judges, and in large courts, that number approaches
75% to 80%. This bill, which, in part, is nearly identical to
SB 405 (Corbett, Chapter 705, Statutes of 2011) and last year's
AB 1403 (Assembly Judiciary Committee, Chapter 510, Statutes of
2013) seeks to ensure that a greater number of family and
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juvenile law cases are presided over by judges, rather than
SJOs. Accordingly, this bill ratifies Judicial Council's
authority to convert 10 SJOs to judgeships in the next year,
provided those judges replace SJOs in family or juvenile law
cases. This bill also allows Judicial Council to increase the
procedures for family centered case resolution set forth in
statute.
Prior/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 under submission
in the Senate Appropriations Committee.
AB 159 (Jones, Chapter 722, Statutes of 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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 Trial Court Trust Fund.
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.
SUPPORT : (Verified 8/13/14)
Judicial Council of California
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ARGUMENTS IN SUPPORT : According to the author, "The Judicial
Council has identified family and juvenile law cases as among
those most important for judges, rather than SJOs, to preside
over. Unlike judges, SJOs are not directly accountable to the
public. Unfortunately, due to the shortages of judges, SJOs
today are performing some of the most complex and sensitive
judicial duties, including presiding over family and juvenile
law matters. Conversion of these positions to judgeships when
they become vacant makes them both more accountable to the
public and helps provide better trust and confidence in the
courts."
ASSEMBLY FLOOR : 76-0, 5/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Donnelly, Patterson, Quirk-Silva, Vacancy
AL:k 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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