Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2101

Introduced by Assembly Member Gordon

February 17, 2016

An act to begin delete amend Section 177.5 end delete begin insert add and repeal Section 177.6 end insert of the Code of Civil Procedure, relating to court sanctions.

LEGISLATIVE COUNSEL’S DIGEST

AB 2101, as amended, Gordon. Sanctions: jurors.

Existing law authorizes a judicial officer to impose reasonable money sanctions, not to exceed $1,500, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. For purposes of this provision, the term “person” includes a witness, a party, or a party’s attorney.

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This bill would provide that the term “person” also includes a juror. The bill would make other technical, nonsubstantive changes.

end delete begin insert

This bill would require the Judicial Council to solicit courts for participation in a pilot project in which judicial officers of participating counties would be authorized by the bill to impose reasonable monetary sanctions, not to exceed $1,500, on an impaneled juror for any knowing violation of a lawful court order without good cause or substantial justification that is supported by clear and convincing evidence. The bill would require the Judicial Council to conduct an evaluation of the pilot project and report the results to the Governor and the Legislature on or before July 1, 2021. The bill would repeal these provisions on January 1, 2022.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 177.6 is added to the end insert begin insert Code of Civil
Procedure end insert begin insert , to read: end insert

begin insert

begin insert 177.6. end insert   

(a) Notwithstanding any other law, a judicial officer
of a court selected pursuant to subdivision (c) for participation in
the pilot project established pursuant to this section may impose
reasonable monetary sanctions, not to exceed one thousand five
hundred dollars ($1,500), payable to the court, on an impaneled
juror for any knowing violation of a lawful court order without
good cause or substantial justification that is supported by clear
and convincing evidence.

(b) Sanctions shall not be imposed pursuant to this section
except on notice contained in a party’s moving or responding
papers, or on the court’s own motion, after notice and an
opportunity to be heard. An order imposing sanctions shall be in
writing and shall recite in detail the conduct or circumstances
justifying the order.

(c) On or before July 1, 2017, the Judicial Council shall solicit
the participation of a representative sample of courts, taking into
account size, geography, and other factors identified by the council,
for participation in a pilot project to evaluate the effectiveness of
this section. This section applies only to those courts participating
in the pilot project.

(d) The Judicial Council shall conduct an evaluation of the pilot
project established pursuant to this section and shall report the
results of the pilot project to the Governor and the Legislature on
or before July 1, 2021. The report shall also examine whether the
imposition of sanctions affects the number of prospective jurors
who report for jury duty. The report shall be submitted in
compliance with Section 9795 of the Government Code.

(e) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

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begin delete

SECTION 1.  

Section 177.5 of the Code of Civil Procedure is
amended to read:

177.5.  

(a) A judicial officer shall have the power to impose
reasonable money sanctions, not to exceed fifteen hundred dollars
($1,500), notwithstanding any other provision of law, payable to
the court, for any violation of a lawful court order by a person,
done without good cause or substantial justification. This power
shall not apply to advocacy of counsel before the court. For the
purposes of this section, the term “person” includes a witness, a
juror, a party, or a party’s attorney.

(b) Sanctions shall not be imposed pursuant to this section except
on notice contained in a party’s moving or responding papers, or
on the court’s own motion, after notice and opportunity to be heard.
An order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.

end delete