BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2341 (Obernolte) - Allocation of vacant judgeships ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 18, 2016 |Policy Vote: JUD. 6 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 AB 2341 (Obernolte) Page 1 of ? 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. AB 2341 (Obernolte) Page 2 of ? 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 AB 2341 (Obernolte) Page 3 of ? 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: AB 2341 (Obernolte) Page 4 of ? 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 AB 2341 (Obernolte) Page 5 of ? 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. -- END --