BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                            2015 - 2016  Regular  Session


          SB 229 (Roth)
          Version: March 23, 2015
          Hearing Date:  April 21, 2015
          Fiscal: Yes
          Urgency: No
          BCP  
                    

                                        SUBJECT
                                           
                                 Courts:  judgeships

                                      DESCRIPTION  

          Existing law authorizes 50 additional judges, upon appropriation  
          by the Legislature, to be allocated to the various county  
          superior courts, pursuant to uniform criteria approved by the  
          Judicial Council.  This bill would appropriate $14,813,000 from  
          the General Fund to the judicial branch for the purpose of  
          funding the cost of 10 of those 50 judgeships and accompanying  
          staff.

          This bill would additionally increase the number of justices in  
          the division of the Fourth Appellate District of the Court of  
          Appeal located in the San Bernardino/Riverside area from seven  
          to eight judges, and would appropriate $1,202,000 from the  
          General Fund to the judicial branch for the purpose of funding  
          the cost of that new appellate court justice and accompanying  
          staff.


                                      BACKGROUND  

          This bill is the latest in a series of bills to fund new  
          judgeships in California to meet the increased judicial  
          workload.  The first bill, SB 56 (Dunn, Chapter 390, Statutes of  
          2006), authorized the creation of 50 new judgeship positions to  
          be filled pursuant to budget authorization beginning May 2007. 

          The second bill, AB 159 (Jones, Chapter 722, Statutes of 2007),  








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          authorized the creation of an additional 50 new judgeships to be  
          filled pursuant to budget authorization beginning May 2008.  AB  
          159 also authorized the conversion of up to 162 subordinate  
          judicial officer (SJO) positions to judgeship positions upon a  
          voluntary vacancy of the SJO position, up to a maximum of 16  
          conversions per fiscal year.  The third and fourth bills, SB  
          1150 (Corbett, 2008) and SB 377 (Corbett, 2009) would have  
          authorized 50 new trial court judgeships but were held in the  
          Senate Appropriations Committee.   The fifth bill, SB 1190  
          (Jackson, 2014), would have funded previously authorized  
          judgeships, authorized 50 additional judgeships, and increased  
          the number of justices in the Fourth Appellate District of the  
          Court of Appeal located in the San Bernardino/Riverside area.   
          That bill was similarly held in the Senate Appropriations  
          Committee.

          While the additional judges authorized by SB 56 have been  
          funded, the funding for the 50 judges authorized by AB 159 was  
          deferred to on or after June 1, 2009.  That funding was delayed  
          again to July 2009, and then, the funding was made contingent  
          upon reaching the trigger for federal stimulus funds.  As the  
          trigger mark was not met, funding for the judgeships was not  
          provided.   

          According to the Judicial Council's November 2014 report:   
          "Based on the 2014 Judicial Needs Assessment, 35 courts need new  
          judgeships, for a total need of 269.8 [(full-time equivalent  
          judicial positions)].  This is nearly 14 percent higher than the  
          1,963.3 authorized and funded judicial positions.  The need  
          estimate does not include judicial vacancies, resulting from  
          retirements, elevations, or other changes, that have not yet  
          been filled." (Jud. Council of Cal., Rep. on the 2014 Update of  
          Judicial Needs Assessment (Nov. 2014) pp. 1, 3.)

          In an effort to help reduce strain on the courts and ensure  
          Californians' access to justice, this bill would fund 10 of the  
          50 judgeships previously authorized by AB 159, and increase the  
          number of justices in the Fourth Appellate District of the Court  
          of Appeal located in the San Bernardino/Riverside area.

                                CHANGES TO EXISTING LAW
           
          1.    Existing law  provides that the Legislature shall prescribe  
            the number of judges and provide for the officers and  
            employees of each superior court.  (Cal. Const., art. VI, Sec.  







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            4.)

             Existing law  authorizes 50 additional judges to be allocated  
            to the various superior courts pursuant to uniform criteria  
            adopted by the Judicial Council, upon appropriation in 2007-08  
            fiscal year.  Existing law requires that the uniform criteria  
            for determining additional judicial need take into account the  
            following:  (1) court filings data averaged over a three-year  
            period; (2) workload standards that represent the average  
            amount of time of bench and non-bench work required to resolve  
            each case type; and (3) a ranking methodology that provides  
            consideration for courts that have the greatest need relative  
            to their current complement of judicial officers.  (Gov. Code  
            Secs. 69614, 69614.2.)

             This bill  would appropriate the sum of $14,813,000 from the  
            General Fund to the judicial branch to fund the cost of 10 of  
            the 50 previously authorized new judgeships, and accompanying  
            staff.

          2.    Existing law  provides that the Court of Appeal for the  
            Fourth Appellate District consists of three divisions and  
            states that one of the divisions shall hold its regular  
            sessions in the San Bernardino/Riverside area and shall have  
            seven judges.  (Gov. Code Sec. 69104.)

             This bill  would increase the number of judges in the San  
            Bernardino/Riverside area from seven to eight.
            
             This bill  would appropriate the sum of $1,202,000 from the  
            General Fund to be used by the judicial branch to fund the  
            cost of a new appellate court justice and accompanying staff.

                                        COMMENT
           
          1.   Stated need for bill

           According to the author:

            The Judicial Council estimates about 50 courthouses and 200  
            courtrooms currently shut down statewide affect nearly 2  
            million Californians.  The County of San Bernardino, for  
            instance, notes that court budget restrictions over the  
            years have resulted in drastic operational and service cuts  
            throughout the County - courts in Chino, Twin Peaks, Big  







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            Bear and Needles have closed due to the funding issues.   
            Riverside County courts lost $20-25 million over the past  
            five years, resulting in the closure of courthouses in  
            Riverside and Palm Springs. The effect is compounded by the  
            increased population growth in the region and historic low  
            funding in rural counties.  Together each closure creates a  
            disproportionate negative effect on rural residents from  
            resulting increased travel costs that is not as pronounced  
            [as] in urban areas. 

            SB 229 appropriates $16,015,000 from the General Fund to  
            fund 10 superior court judges ($14,813,000), and establishes  
            and funds 1 appellate justice position in the Fourth  
            Appellate Court District's second division ($1,202,000). SB  
            229 aims to be the beginning of an incremental approach to  
            funding the additional judgeships needed throughout  
            California.  

          The Civil Justice Association of California and the California  
          Chamber of Commerce, in support, contend: "In order to have a  
          system that is fair to both plaintiffs and defendants in  
          California's civil justice system, we need enough judges to do  
          the job. As our former Chief Justice, Ron George has said, 'The  
          right to a fair hearing is an empty promise if there is no one  
          to preside over the courtroom.'"  



          2.   Funding 10 of the prior set of 50 authorized judges  

          Under existing law, the Judicial Council is required to report  
          to the Legislature on or before November 1st of every  
          even-numbered year on the need for new judgeships in each  
          superior court.  The most recent report, The Need for New  
          Judgeships in the Superior Courts: 2014 Update of the Judicial  
          Needs Assessment, found that a critical need for new judgeships  
          remains, that nearly 270 new judgeships are needed to meet the  
          workload-based need in the trial courts.  The report asserted  
          that: "The public's right to timely access to justice is  
          contingent on having adequate judicial resources in every  
          jurisdiction. The number of judgeships authorized and funded by  
          the Legislature has not kept pace with workload, leaving many  
          courts with serious shortfalls -as high as nearly 70 percent -  
          between the number of judgeships needed and the number that have  
          been authorized and filled."  (Jud. Council of Cal., Rep. on the  







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          Need for New Judgeships in the Superior Courts: 2014 Update of  
          the Judicial Needs Assessment (Dec. 2014) p. 3.) The report  
          further noted that:

            Consistent with reports submitted in previous years, the  
            2014 Judicial Needs Assessment shows that there is a  
            critical shortage of judges relative to the workload needs  
            in California's trial courts.  [The report] summarizes the  
            statewide judicial need compared to available resources  
            based on a three-year average of filings from fiscal years  
            2010 - 2011 through 2012 - 2013, showing that 2,171.3  
            [full-time equivalent judicial positions (FTEs)] are needed  
            statewide, compared to 1,963.3 FTE authorized and funded  
            positions.  While Assembly Bil1 159 (Stats. 2007, ch. 722)  
            authorized 50 new judgeships for the superior courts, those  
            positions have neither been funded nor filled.  [The report]  
            shows the total assessed statewide need for judicial  
            officers has declined by 5 percent since the 2012 Judicial  
            Needs Assessment.  Lower overall filings counts in recent  
            years account for the slight decline in statewide assessed  
            judicial need. (Id. at p. 4.)

          In response to the continued need for additional judgeships,  
          this bill seeks to fund 10 of the 50 judgeships previously  
          authorized by AB 159.  While the addition of those judges would  
          not fully address the needs of the Judicial Branch, those  
          additional judgeships would help increase access to justice at a  
          time when those who use the court system are facing increasing  
          delays and reductions in services offered by local courts. 

          3.    Allocation of new judgeships 
           
          Under existing law, if 10 of 50 judgeships authorized by AB 159  
          are funded, those judgeships would be allocated pursuant to the  
          latest Judicial Needs Assessment approved by the Judicial  
          Council.  The criteria for determining additional judicial need  
          must take into account the following:  (1) court filings data  
          averaged over a three-year period; (2) workload standards that  
          represent the average amount of time of bench and non-bench work  
          required to resolve each case type; and (3) a ranking  
          methodology that provides consideration for courts that have the  
          greatest need relative to their current complement of judicial  
          officers.  (Gov. Code Sec. 69614 (b).)  

          Accordingly, as noted by the author, the 2014 Update of the  







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          Judicial Needs Assessment includes a list of the first 10  
          courts, ranked in order of need.  The report finds that "[t]he  
          Superior Court of San Bernardino County has the highest rank[ed]  
          score and is thus assigned the first judgeship to be allocated;  
          the Superior Court of Riverside County has the second highest  
          score and thus received the second judgeship.  Courts can appear  
          on the list multiple times; in the list . . ., the Superior  
          Courts of San Bernardino and Riverside Counties each occupy  
          three positions on the list because the judicial need in those  
          courts is so acute."  (2014 Update of the Judicial Needs  
          Assessment at p. 4.)  The Judicial Council further notes that  
          this bill seeks to create "three new judgeships . . . in each of  
          the two counties most severely impacted by the judicial workload  
          crisis, with the remaining four spread among the next group of  
          impacted courts." Accordingly, if funded pursuant to this bill,  
          the 10 judges would be allocated as follows:  three to San  
          Bernardino County; three to Riverside County; and one each to  
          Kern, Los Angeles, Stanislaus, and Fresno Counties.

          4.   Adding an additional appellate justice  

          This bill would also increase the number of justices from seven  
          to eight in Division 2 (the San Bernardino/Riverside division)  
          of the Court of Appeal for the Fourth Appellate District.  That  
          increase is the result of a recommendation by the Judicial  
          Council's Policy Coordination and Liaison Committee (PCLC) and  
          the Administrative Presiding Justices Advisory Committee which  
          found:

            Workload in Division Two of the Fourth Appellate District  
            has continued to increase.  Based on information from the  
            last three years for which data is available (2010-2011,  
            2011-2012, and 2012-2013),  Division Two has an annual  
            average of 1,132 appeals becoming fully briefed.  Applying  
            the weighted formula, that results in 115 cases per justice,  
            far exceeding all of the other divisions.  A review of data  
            back to 1991 shows that in 2012-2013, the number of fully  
            briefed appeals in Division Two was at an all time high, as  
            is the three-year average.  The workload is continuing to  
            increase, and the justices cannot continue to handle this  
            volume of cases.  Two additional justices would reduce the  
            weighted workload to the ideal 89 cases per justice. (Jud.  
            Council of Cal., Policy Coordination and Liaison Com. and  
            the Administrative Presiding Justices Advisory Com., Rep. on  
            the Judicial Council-Sponsored Legislation: Two New Court of  







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            Appeal Justices (Jan. 10, 2014) p. 4.)

          It should be noted that although the prior recommendation was to  
          add two justices, the Judicial Council's Overview of Judicial  
          Branch Legislative Priorities for 2015 notes the intent to  
          "[s]eek funding for one additional justice in FY 2015-2016 and  
          the second additional justice in FY 2016-2017."  Accordingly,  
          this bill would add, and fund, an additional justice in Division  
          2 of the Fourth Appellate District.

           Support  :  California Chamber of Commerce; California Citizens  
          Against Lawsuit Abuse; California Judges Association; Civil  
          Justice Association of California 

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Judicial Council

           Related Pending Legislation  :  None Known

           Prior Legislation  :

          SB 1190 (Jackson, 2014) See Background.

          SB 377 (Corbett, 2009) See Background.

          SB 1150 (Corbett, 2008) See Background.

          AB 159 (Jones, Ch. 722, Stats. 2007) See Background; Comments 2  
          and 3. 

          SB 56 (Dunn, Ch. 390, Stats. 2006) See Background.

          SB 1857 (Burton, Ch, 998, Stats. 2000) created 20 new trial  
          court judgeships and 12 new appellate court judgeships.

          AB 1818 (Baca, Ch. 262, Stats. 1996) created 21 new trial court  
          judgeships and 5 new appellate court judgeships.

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