BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session SB 1023 (Committee on Judiciary) Version: February 12, 2016 Hearing Date: April 5, 2016 Fiscal: Yes Urgency: No ME SUBJECT Courts: judgeships DESCRIPTION Existing law authorizes 50 additional judges, upon appropriation by the Legislature, to be allocated to various county superior courts, pursuant to uniform criteria approved by the Judicial Council of California. This bill would appropriate $5 million from the General Fund for the purpose of funding the cost of 12 of those 50 superior court judgeships and accompanying staff. 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 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 SB 1023 (Committee on Judiciary) Page 2 of ? Committee. The most recent bill, SB 229 (Roth, 2015) was identical to the bill currently considered by this committee and was vetoed by the Governor because he intends to work with the Judicial Council to develop a systemwide approach to balance the workload and the distribution of judgeships around the state. 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 retirement, 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 would fund 12 of the 50 superior court judgeships and accompanying staff previously authorized by AB 159. CHANGES TO EXISTING LAW Existing law provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. (Cal. Const., art. VI, Sec. 4.) Existing law authorizes 50 additional judges to be allocated to the various superior courts pursuant to uniform criteria adopted by the Judicial Council, upon appropriation in the 2007-08 fiscal year. Existing law requires that the uniform criteria for determining additional judicial need take into account the following: (1) court filings data averaged over a three-year period; (2) workload standards that represent the average amount SB 1023 (Committee on Judiciary) Page 3 of ? 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 Secs. 69614, 69614.2.) This bill would appropriate $5 million from the General Fund for the purpose of funding 12 of the 50 previously authorized superior court judgeships and accompanying staff. This bill would require the Judicial Council to determine the allocation of the funded judgeships pursuant to uniform criteria, as specified. SB 1023 (Committee on Judiciary) Page 4 of ? COMMENT 1. Stated need for bill According to the author: California continues to suffer from a severe shortage in the number of trial court judges. The ramifications are serious and far-reaching, and include a significant decrease in Californians' access to the courts, compromised public safety, an unstable business climate, and backlogs in some courts that inhibit fair, timely and equitable justice. A detailed analysis of judicial workload conducted in 2014 identified a need for more than 250 additional judges to satisfy workload requirements in California's 58 Superior Courts. Courts face the most urgent need for judges in some of the fastest growing counties. The Judicial Council notes that "San Bernardino has experienced a 13 percent growth in population in the last decade, and is only authorized for 60 percent of the judges needed in that county." The Judicial Council further notes that "Riverside County has experienced a 30 percent growth in population and is authorized for 60 percent of the judges needed in that county." This bill would fund 12 new judgeships, "helping to alleviate the strain on our most severely overburdened courts," as contended by the Judicial Council. 2. Funding 12 of the prior set of 50 authorized judges 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, 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. (Jud. Council of Cal., Rep. on the Need for New Judgeships in the Superior Courts: 2014 Update of the Judicial Needs Assessment (Dec. 2014) p. 1.) The report asserted that: "The public's right to timely access to justice is contingent on having adequate judicial resources in SB 1023 (Committee on Judiciary) Page 5 of ? 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." (Id. at p. 3.) In response to the continued need for additional judgeships, this bill seeks to fund 12 of the 50 judgeships previously authorized by AB 159 (Chapter 722, Statutes of 2007). While the addition of those judges would not fully address the needs of the Judicial Branch, those additional judgeships would help increase access to justice at a time when those who use the court system are facing increasing delays and reductions in services offered by local courts. 3. Allocation of new judgeships Under existing law, if 12 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, under the current Judicial Needs Assessment, if this bill is chaptered, the 12 judges would be allocated as follows: four to San Bernardino County; three to Riverside County; and one each to Fresno, Kern, Los Angeles, San Joaquin, and Stanislaus Counties. 4. Governor Brown's veto of SB 229 This bill is identical to the enrolled version of SB 229 (Roth, 2015). In vetoing SB 229, Governor Brown stated: I am aware of the need for judges in many courts is acute - Riverside and San Bernardino are two clear examples. However, before funding any new positions, I intend to work with the Judicial Council to develop a more systemwide approach to balance the workload and the SB 1023 (Committee on Judiciary) Page 6 of ? distribution of judgeships around the state. Support : California Judges Association, Consumer Attorneys of California Opposition : None Known HISTORY Source : Judicial Council of California Related Pending Legislation : AB 2882 (Committee on Judiciary), among other things, would authorize the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2016-17 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer. This bill is pending referral in the Assembly. SB 1023 (Committee on Judiciary) Page 7 of ? Prior Legislation : AB 1519 (Committee on Judiciary, Ch. 416, Stats. 2015), among other things, authorized Judicial Council to convert 10 subordinate judicial officer positions, as specified. SB 229 (Roth, 2015) See Background. SB 1190 (Jackson, 2014) See Background. SB 377 (Corbett, 2009) See Background. SB 1150 (Corbett, 2008) See Background. AB 159 (Jones, Ch. 722, Stats. 2007) See Background; Comments 2 and 3. SB 56 (Dunn, Ch. 390, Stats. 2006) See Background. SB 1857 (Burton, Ch. 998, Stats. 2000) created 20 new trial court judgeships and 12 new appellate court judgeships. AB 1818 (Baca, Ch. 262, Stats. 1996) created 21 new trial court judgeships and 5 new appellate court judgeships. **************