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), SB 229 (Roth) Page 2 of ? 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. SB 229 (Roth) Page 3 of ? 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 SB 229 (Roth) Page 4 of ? 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 SB 229 (Roth) Page 5 of ? 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 SB 229 (Roth) Page 6 of ? 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 SB 229 (Roth) Page 7 of ? 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. ************** SB 229 (Roth) Page 8 of ?