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