BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2341 (Obernolte) - Allocation of vacant judgeships
          
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          |Version: May 18, 2016           |Policy Vote: JUD. 6 - 1         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          Bill  
          Summary:  AB 2341 would authorize up to five vacant judgeships  
          to be reallocated to superior courts with fewer authorized  
          judgeships than their assessed judicial need, as specified. 


          Fiscal  
          Impact:  Major future cost pressure of about $6.5 million  
          (General Fund) annually to fund up to five judgeships and the  
          required complement of staff sooner than otherwise would occur  
          under the existing allocation of these positions to courts with  
          more judgeships than their assessed judicial need. The one-time  
          facilities and overhead costs to establish a new judgeship would  
          vary based on the receiving courts' ability to accommodate a  
          judgeship, and are not included in the cost estimate above. 


          Background:  Existing law specifies the number of superior court judges in  
          each of the 58 counties (Government Code (GC) §§ 69580-69611.)  
          and allocates additional judgeships to the various counties in  
          accordance with uniform standards for factually determining  
          additional judicial need in each county, as updated and approved  







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          by the Judicial Council, 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 type of case,  
          and (3) a ranking methodology that provides consideration for  
          courts that have the greatest need relative to their current  
          complement of judicial officers. (GC § 69614(b).)
          The Judicial Council is required to report to the Legislature  
          and Governor by November 1st 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 above, as updated and applied to the average of the  
          prior three years' filings. (GC § 69614(c).)


          Based on the Judicial Council biennial report, The Need for New  
          Judgeships in the Superior Courts: 2014 Update of Judicial Needs  
          Assessment (November 2014), nearly 270 new judicial officers are  
          needed to meet the workload-based need for new judgeships.  
          Courts whose assessed judicial need, as measured in the biennial  
          Judicial Needs Assessment, is greater than those courts' number  
          of authorized judicial positions are each eligible for  
          consideration for a new judgeship. Currently, courts must have a  
          need for at least 1.0 FTE judicial officer to become eligible  
          for a new judgeship.


          Last year, the Governor vetoed SB 229 (Roth), a bill that would  
          have appropriated $5 million General Fund (1/2 year funding) to  
          fund 12 new judgeships and accompanying staff.  In his veto  
          message, the Governor stated that he intended to work with the  
          Judicial Council to develop a system wide approach to balance  
          the workload and the distribution of judgeships around the  
          state.  


          The 2016-17 Governor's Budget included a trailer bill proposal  
          to reallocate four vacant superior court judgeships (two each  
          from Santa Clara and Alameda superior courts reallocated to San  
          Bernardino and Riverside superior courts), however, the  
          reallocation of judgeships was rejected by the Budget Conference  
          Committee and was not adopted as part of the final 2016 Budget  
          Act.  









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          Proposed Law:  
           This bill would upon notice to the applicable courts, authorize  
          up to five vacant judgeships to be allocated from superior  
          courts with more authorized judgeships than their assessed  
          judicial need to superior courts with fewer authorized  
          judgeships than their assessed judicial need, pursuant to the  
          following requirements: 
           Requires the allocation of vacant judgeships to be in  
            accordance with a methodology approved by the Judicial Council  
            after solicitation of public comments. The determination of a  
            superior court's assessed judicial need shall be in accordance  
            with the uniform standards for factually determining  
            additional judicial need in each county, as updated and  
            approved by the Judicial Council, pursuant to the Update of  
            Judicial Needs Study, as specified.


           Provides that if a judgeship in a superior court becomes  
            vacant, the Judicial Council shall determine whether the  
            judgeship is eligible for allocation to another superior court  
            under the methodology, standards, and criteria. If the  
            judgeship is eligible for allocation to another superior  
            court, the Judicial Council shall promptly notify the  
            applicable courts, the Legislature, and the Governor that the  
            judgeship vacated in one court shall be allocated to another  
            court.


           Provides that for purposes of this section only, a judgeship  
            shall become "vacant" when an incumbent judge relinquishes the  
            office through resignation, retirement, death, removal, or  
            confirmation to an appellate court judgeship during either of  
            the following:


               o      At any time before the deadline to file a  
                 declaration of intention to become a candidate for a  
                 judicial office pursuant to Section 8023 of the Elections  
                 Code.


               o      After the deadline to file a declaration of  
                 intention to become a candidate for a judicial office  








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                 pursuant to Section 8023 of the Elections Code if no  
                 candidate submits qualifying nomination papers by the  
                 deadline pursuant to Section 8020 of the Elections Code.


           For purposes of this section, a judgeship shall not become  
            "vacant" when an incumbent judge relinquishes the office as a  
            result of being defeated in an election for that office.


           States the legislative intent that this act shall not be  
            construed to limit any of the following:


               o      The authority of the Legislature to create and fund  
                 new judgeships pursuant to Section 4 of Article VI of the  
                 California Constitution.


               o      The authority of the Governor to appoint a person to  
                 fill a vacancy pursuant to subdivision (c) of Section 16  
                 of Article VI of the California Constitution.


               o      The authority of the Chief Justice of California to  
                 assign judges pursuant to subdivision (e) of Section 6 of  
                 Article VI of the California Constitution.




          Related  
          Legislation:  SB 1023 (Committee on Judiciary) 2016 would have  
          appropriated $5 million from the General Fund for the purpose of  
          funding 12 new superior court judgeships, and accompanying  
          staff, as specified. This bill was held on the Suspense File of  
          this Committee.
          Prior Legislation:  SB 229 (Roth) 2015 would have appropriated  
          $5 million from the General Fund for the purpose of funding 12  
          new superior court judgeships, and accompanying staff, as  
          specified. This bill was vetoed by the Governor with the  
          following message:










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          I am returning Senate Bill 229 without my signature. This bill  
          appropriates $5 million from the General Fund for 12 new  
          superior court judgeships and accompanying staff.



          I am aware that the need for judges in many courts is acute -  
          Riverside and San Bernardino are two clear examples. However,  
          before funding any new positions, I intend to work with the  
          Judicial Council to develop a more systemwide approach to  
          balance the workload and the distribution of judgeships around  
          the state.
          AB 159 (Jones) Chapter 722/2007 authorized, upon legislative  
          appropriation in the 2007-08 fiscal year, 50 new superior court  
          judgeships to be allocated pursuant to uniform criteria as  
          updated and approved by the Judicial Council for assessing the  
          need for additional trial court judges. AB 159 permitted, upon  
          subsequent legislative authorization, the conversion of 146  
          existing subordinate judicial officer (SJO) positions to  
          judgeships in eligible superior courts upon a vacancy of a SJO  
          position. These 50 judgeships were not funded.


          SB 56 (Dunn) Chapter 390/2006 authorized, upon legislative  
          appropriation in FY 2006-07, 50 additional superior court  
          judgeships to be allocated to various county courts in  
          accordance with uniform standards established by the Judicial  
          Council. These 50 judgeships were funded.




          Staff  
          Comments:  By authorizing the reallocation of up to five vacant  
          judgeships to be allocated from superior courts with more  
          authorized judgeships than their assessed judicial need to  
          superior courts with fewer than their assessed judicial need,  
          the provisions of this bill could result in future cost pressure  
          to fund judgeships sooner than otherwise may have occurred in  
          the absence of the reallocation, assuming the judgeships would  
          have remained vacant and unfunded for a longer period of time in  
          the court jurisdictions with more authorized judgeships than  
          their assessed judicial need.
          Based on information from the Judicial Council, the total  








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          on-going cost of a new judgeship with a full staffing complement  
          (including support staff salaries, benefits, and operating  
          costs) is estimated at approximately $1.3 million per judge. To  
          the extent the receiving courts agree to a reduced staffing  
          formula below the full staffing complement as estimated above,  
          the annual costs would be somewhat lower. 

          Additional one-time facilities and overhead costs to establish a  
          new judgeship could be incurred and would vary depending on the  
          receiving courts' ability to accommodate the judgeship, as some  
          courts have existing space to accommodate a new judgeship, while  
          others do not. 

          Staff notes the 2016-17 Governor's Budget included a trailer  
          bill proposal to reallocate four vacant superior court  
          judgeships (two each from Santa Clara and Alameda superior  
          courts reallocated to San Bernardino and Riverside superior  
          courts), however, the reallocation of judgeships was rejected by  
          the Budget Conference Committee and was not adopted as part of  
          the final 2016 Budget Act.  


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