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  







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          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  








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          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.







































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                                        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  








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          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  








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             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.


































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          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.




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