BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 229 (Roth) - Courts: judgeships
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|Version: March 23, 2015 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 4, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 229 would do the following:
Appropriate $14.8 million (General Fund) in 2015-16 to the
judicial branch to fund the cost of 10 judgeships of a
previously authorized set of 50 judges, and accompanying
staff.
Increase the number of appellate court justices in one
division of the Fourth Appellate District of the Court of
Appeal from seven to eight, and appropriate $1.2 million
(General Fund) in 2015-16 to the judicial branch for the
cost of the appellate court justice and accompanying staff,
as specified.
Fiscal
Impact:
10 trial court judges and complement of staff: $14.8
million (General Fund) first year; $9.8 million annually
thereafter.
SB 229 (Roth) Page 1 of
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1 appellate court justice and complement of staff: $2.1
million (General Fund) first year; $1.7 million annually
thereafter.
Background: Existing law requires the Judicial Council 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 (GC §
69614(c)(1)). In its most recent report, The Need for New
Judgeships in the Superior Courts: 2012 Update of the Judicial
Needs Assessment, the Judicial Council reports that "the need
for new judgeships in the superior courts is substantial and
continues to need to be addressed to ensure the ability to
provide access to justice."
The report indicates a statewide need for 2,286 judges based on
a weighted workload analysis, while the number of authorized
judgeships reflects a deficit of 264 positions (13 percent). Of
note, in comparison to the actual number of funded positions,
which is 314 due to the 50 positions authorized but unfunded,
the actual deficit is 314 positions, almost 16 percent below
actual need.
AB 159 (Jones) Chapter 722/2007 authorized the creation of 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. To date, funding for
the 50 authorized judgeships has not been provided.
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 by
one the number of justices in one division of the Fourth
Appellate District of the Court of Appeal located in the San
Bernardino/Riverside area.
Proposed Law:
This bill would do the following:
Appropriate $14.8 million in 2015-16 from the General Fund
to the judicial branch for the purpose of funding 10 of a
previously authorized set of 50 judgeships and accompanying
SB 229 (Roth) Page 2 of
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staff, as specified.
Increase the number of justices in one division of the
Fourth Appellate District of the Court of Appeal located in
the San Bernardino/Riverside area from seven justices to
eight justices, and would appropriate $1.2 million in 2015-16
from the General Fund to the judicial branch for the purpose
of funding the new justice and accompanying staff.
Prior
Legislation: SB 1190 (Jackson) 2014 would have appropriated funding for 50
previously authorized judgeships and two new appellate justices,
authorized 50 additional judgeships, and increased the number of
appellate justices by two in the San Bernardino/Riverside area.
This bill was held on the Suspense File of this Committee.
SB 405 (Corbett) Chapter 705/2011 ratified the authority of the
Judicial Council to convert 10 additional subordinate judicial
officer (SJO) positions in eligible superior courts to
judgeships in FY 2011-12, where the conversion will result in a
judge being assigned to a family law or juvenile law assignment
previously presided over by an SJO.
SB 377 (Corbett) 2009 would have, upon appropriation in the
Budget Act, established 50 new superior court judgeships. This
bill was held on the Suspense File of this Committee.
SB 1150 (Corbett) 2008 would have, upon appropriation,
established 50 new superior court judgeships in the 2009-10
fiscal year. This bill was held on the Suspense File of this
Committee.
AB 159 (Jones) Chapter 722/2007 authorized 50 additional
superior court judgeships and enacted additional reporting
requirements regarding the diversity of the applicant pool for
judgeships. This bill 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.
SB 56 (Dunn) Chapter 390/2006 authorized 50 additional superior
court judgeships and required reporting on the diversity of
judges and the applicant pool for judgeships.
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SB 1857 (Burton) Chapter 998/2000 created 20 new trial court
judgeships and 12 new appellate court judgeships.
AB 1818 (Baca) Chapter 263/1996 created 21 new trial court
judgeships and five new appellate court judgeships.
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