BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 229| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 229 Page 2 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 SB 229 Page 3 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 SB 229 Page 4 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 SB 229 Page 5 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 **** END ****