BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 229


                                                                    Page  1





          Date of Hearing:   June 23, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          229 (Roth) - As Amended June 2, 2015


          SENATE VOTE:  40-0


          SUBJECT:  COURTS: JUDGESHIPS


          KEY ISSUE:  SHOULD THE LEGISLATURE APPROPRIATE THE AMOUNT OF  
          MONEY FROM THE STATE'S GENERAL FUND TO THE JUDICIAL BRANCH IN  
          ORDER TO FUND THE COST OF SIX OF THE 50 SUPERIOR COURT  
          JUDGESHIPS AUTHORIZED IN LAW TO HELP NARROW THE LARGE GAP IN  
          NEEDED JUDGESHIPS?


                                      SYNOPSIS


          This bill, sponsored by the Judicial Council of California,  
          seeks to fill, upon legislative appropriation, six out of the 50  
          new judgeships previously authorized in law.  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.  Funding for the 50 judges  
          authorized by AB 159 (Jones, Chapter 722, Statutes of 2007) has  
          been repeatedly deferred, delayed, made contingent upon reaching  








                                                                     SB 229


                                                                    Page  2





          the trigger for federal stimulus funds, and ultimately denied.   
          The most recent analysis of the shortage by the Judicial Council  
          found that "nearly 270 new judgeships are needed to meet the  
          workload-based need in the trial courts."  The shortage also  
          affects consumer and business groups, who allege that  
          "additional judgeships are undeniably necessary.  We note that  
          in the opinion of many of our business members, a state with a  
          judicial system that can effectively and fairly resolve disputes  
          is a state where they can do business."


          The bill, which passed the Senate by a vote of 40-0, is  
          supported by San Bernardino County, Consumer Attorneys of  
          California, California Chamber of Commerce, the California  
          Judges Association, California Citizens Against Lawsuit Abuse,  
          and the Civil Justice Association of California, and has no  
          known opposition.  


          SUMMARY:  Seeks to fill six of the 50 new superior court  
          judgeships that were previously authorized.  Specifically, this  
          bill: 


          1)Appropriates $10,000,000 from the General Fund for the purpose  
            of funding six superior court judge positions of the 50  
            judgeships currently authorized by the Legislature. 


          2)Requires the Judicial Council to determine which positions are  
            funded, pursuant to uniform criteria.  


          EXISTING LAW:


          1)Provides that the Legislature shall prescribe the number of  
            judges and provide for the officers and employees of each  
            superior court.  (California Constitution, Article VI, Section  








                                                                     SB 229


                                                                    Page  3





            4.)


          2)Provides that the Legislature may provide for the trial courts  
            to appoint officers such as commissioners to perform  
            subordinate judicial duties.  (California Constitution,  
            Article VI, Section 22.)


          3)Authorizes the courts to appoint subordinate judicial  
            officers, and sets forth their duties and titles.  (Government  
            Code Section 71622.)


          4)Authorizes 50 new trial court judgeships pursuant to  
            appropriation by the Legislature in 2006-2007, and requires  
            the Judicial Council to update its Judicial Needs Study every  
            other year, based on the most recent prior three years'  
            filings data, and report that information to the Legislature.   
            (Government Code Section 69614.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  This bill, sponsored by the Judicial Council of  
          California, the judicial branch of our government, seeks to make  
          progress in adding judicial resources to an increasingly  
          overburdened court system.  In support of the measure, the  
          author states:


               SB 229 aims to be the beginning of an incremental approach  
               to funding the additional judgeships needed throughout  
               California. SB 229 would provide $10,000,000 for 6 judges  
               statewide. SB 229 defers to the Judicial Council of  
               California and its recommendation on where additional  
               judgeships will be established. According to the Judicial  
               Council's 2014 Judicial Needs Assessment, these 6 new  








                                                                     SB 229


                                                                    Page  4





               Superior Court judgeships would be allocated as follows: 2  
               to San Bernardino County; 2 to Riverside County; and 1 each  
               to Kern and Los Angeles Counties. 


          Background About Court Funding in General.  Historically, trial  
          courts in California were county entities, funded by the  
          counties, but in 1997, after significant problems came to light  
          with the county-based court funding model, the Legislature  
          passed the Lockyer-Isenberg Trial Court Funding Act, AB 233  
          (Escutia and Pringle), Chap. 850, Stats. 1997.  Under that bill,  
          the state assumed responsibility for funding the courts and  
          helping ensure equal access to a quality judicial system  
          statewide.  After the state took over funding, the courts  
          received significant funding increases and historically  
          underfunded courts saw greater increases.  Unfortunately, the  
          recession forced significant reductions in state General Fund  
          support for the courts, but "one-time" fixes, backfills and new  
          revenues spared the court system the full brunt of the General  
          Fund reductions.


          Nevertheless the state's trial courts and their employees, and  
          all court users in the state, have been experiencing tragic  
          reductions in court services and basic access to justice.  Trial  
          courts have taken dramatic and painful steps to address the  
          budget cuts, including (1) closing courthouses and courtrooms,  
          some on selected days and others completely; (2) laying off or  
          furloughing employees; and (3) reducing services, including  
          substantial cuts to self-help and family law facilitator  
          assistance, and providing fewer court reporters and court  
          interpreters.  While this year's budget increased trial court  
          funding by $129 million and the 2015-16 budget includes an  
          additional $166 million for the trial courts on top of last  
          year's $129 million, one-time fixes have expired and large  
          reserves have been eliminated.  


          This bill is the latest in a series of bills to fund new  








                                                                     SB 229


                                                                    Page  5





          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.  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.   


          Assessment of Current Need for Judgeships.  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 (2014 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."  (2014 Needs Assessment, p. 3.)  The  
          report further noted that:


               Consistent with reports submitted in previous years, the  








                                                                     SB 229


                                                                    Page  6





               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.)


          According to the 2014 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." (2014 Needs Assessment, pp. 1, 3.)


          Impact of Judge Shortage.  In its sponsorship letter in support  
          of SB 229, the Judicial Council states:


               California is suffering from a severe shortage of  
               judgeships. The ramifications are serious and far-reaching,  
               and include a significant decrease in Californians' access  
               to the courts and ability to get critical matters heard;  
               compromised public safety; an unstable business climate;  
               and, in some courts, enormous backlogs that inhibit fair,  
               timely, and equitable justice?









                                                                     SB 229


                                                                    Page  7






               The consequences of a judicial shortage are acute and  
               significant for the people of California. Access to the  
               courts is a right of every Californian, and that right  
               becomes hollow if disputes cannot be resolved by the courts  
               in an expeditious manner. The current gap between the  
               caseload and the number of judges available to hear those  
               cases means that critical civil proceedings and family law  
               hearings must be repeatedly rescheduled resulting in long  
               delays from the time of filing to the time of trial. This  
               culture of delay keeps parents, children, victims, and  
               defendants in limbo. Without resolution in their cases,  
               many litigants suffer economic and emotional harm, while  
               others may simply conclude that the courts are not  
               available to assist them.


          The shortage also affects business litigants.  According to the  
          joint letter of support from the California Chamber of Commerce,  
          California Citizens Against Lawsuit Abuse, and the Civil Justice  
          Association of California:


               [W]ith previous significant budget cuts, a continuing heavy  
               criminal caseload and the demands of a growing population,  
               additional judgeships are undeniably necessary. We note  
               that in the opinion of many of our business members, a  
               state with a judicial system that can effectively and  
               fairly resolve disputes is a state where they can do  
               business. 


               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."









                                                                     SB 229


                                                                    Page  8






          New Judgeships Will Be Allocated Pursuant To Uniform Criteria  
          For Determining The Need For Additional Judges:  Under existing  
          law, if six of the 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 Needs Assessment  
          includes a list of the first six 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 Needs Assessment, p. 4.)  


          ARGUMENTS IN SUPPORT:  According to the Judicial Council of  
          California: 


               SB 229 is the first step towards relieving the strain on  
               our most overburdened courts. Should it be passed by the  
               legislature and signed by the Governor, two new judgeships  
               will be created in each of the two counties most severely  
               impacted by the judicial workload crisis, with the  
               remaining two going to other highly impacted courts. It is  








                                                                     SB 229


                                                                    Page  9





               critical to the reduction in wait times and the ability of  
               the courts to provide meaningful access to justice to the  
               people of California that judicial workloads be kept at a  
               manageable level. SB 229 will take the first step towards  
               accomplishing these goals.


          Prior Related Legislation:  SB 56 (Dunn), Chap. 390, Stats. 2006  
          authorized 50 additional superior court judgeships and required  
          reporting on the diversity of judges and the applicant pool for  
          judgeships.


          AB 159 (Jones), Chap. 722, Stats. 2007 authorized the creation  
          of an additional 50 new judgeships to be filled pursuant to  
          budget authorization beginning May 2008, and authorized the  
          conversion of up to 162 subordinate judicial officer (SJO)  
          positions to judgeship positions.


          SB 1225 (Morrow), Chap. 49, Stats. 2004 clarified the duties and  
          definitions of subordinate judicial officers.


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


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


          REGISTERED SUPPORT / OPPOSITION:




          Support









                                                                     SB 229


                                                                    Page  10






          Judicial Council of California (sponsor)


          California Chamber of Commerce 


          California Citizens Against Lawsuit Abuse 


          California Judges Association


          Civil Justice Association of California


          Consumer Attorneys of California


          San Bernardino County




          Opposition


          None on file




          Analysis Prepared by:Alison Merrilees / JUD. / (916)  
          319-2334













                                                                     SB 229


                                                                    Page  11