BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 229|
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                                   THIRD READING 


          Bill No:  SB 229
          Author:   Roth (D), et al.
          Amended:  6/2/15  
          Vote:     27  

           SENATE JUDICIARY COMMITTEE:  7-0, 4/21/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Courts: judgeships


          SOURCE:    Judicial Council 


          DIGEST:  This bill appropriates $10 million from the General  
          Fund for the purpose of funding six new superior court  
          judgeships, and accompanying staff, as specified.


          ANALYSIS:   


          Existing law:


          1)Provides that the Legislature shall prescribe the number of  
            judges and provide for the officers and employees of each  
            superior court. 









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          2)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.  

          3)Requires that the uniform criteria for determining additional  
            judicial need take into account the following:  (a) court  
            filings data averaged over a three-year period; (b) workload  
            standards that represent the average amount of time of bench  
            and non-bench work required to resolve each case type; and (c)  
            a ranking methodology that provides consideration for courts  
            that have the greatest need relative to their current  
            complement of judicial officers.  

          This bill:


          1)Appropriates $10 million from the General Fund for the purpose  
            of funding six new superior court judgeships, and accompanying  
            staff, as specified.


          2)Provides that the Judicial Council shall determine the  
            allocation of the funded judgeships pursuant to uniform  
            criteria, as updated and approved by the Judicial Council. 


          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),  
          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  







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          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 funds six of the  
          judgeships previously authorized by AB 159.


          Comment


          As stated by 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  







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            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  
            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.


          Prior Legislation


          Previous legislation to increase the number of judges:


          SB 1190 (Jackson, 2014) 


          SB 377 (Corbett, 2009) 
          SB 1150 (Corbett, 2008) 
          AB 159 (Jones, Chapter 722, Statutes of 2007)
          SB 56 (Dunn, Chapter 390, Statutes of 2006) 
          SB 1857 (Burton, Chapter 998, Statutes of 2000) 
          AB 1818 (Baca, Chapter 262, Statutes of 1996) 
          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, appropriation  
          of $10 million (General Fund) to fund six judgeships, and costs  
          in the millions annually thereafter.



          SUPPORT:   (Verified6/1/15)


          Judicial Council (source)
          California Chamber of Commerce
          California Citizens Against Lawsuit Abuse







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          California Judges Association
          Civil Justice Association of California
          Consumer Attorneys of California
          County of San Bernardino


          OPPOSITION:   (Verified6/1/15)


          None received


           
           

          Prepared by:Benjamin Palmer / JUD. / (916) 651-4113
          6/2/15 11:24:30


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