BILL NUMBER: SB 56	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 18, 2005

INTRODUCED BY   Senator Dunn
    (   Principal coauthor:   Senator 
 Ducheny   ) 
    (   Principal coauthor:   Assembly Member
  Jones   ) 
    (   Coauthors:   Assembly Members 
 Benoit   and Bogh   ) 

                        JANUARY 12, 2005

   An act to add  Section 69613   Sections 69613
and 69614  to the Government Code, relating to trial courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 56, as amended, Dunn.  Trial courts: judgeships.
   Existing law specifies the number of judges of the superior court
for each county.
   This bill would authorize an  unspecified number of
additional judges for assignment  additional 50 judges
of the superior court per yea   r   to be appointed
by the Governor in the 2005-06, 2006-07, and 2007-08 fiscal years,
upon appropriation by the Legislature,  to the various counties,
as determined by the Judicial Council.   The bill would also
authorize up to 161 subordinate judicial officer positions in
eligible superior courts, as determined by the Judicial Council,
  to be converted to judgeships, according to specified
criteria and upon appropriation by the Legislature. The bill would
define the term "subordinate judicial officer" for purposes of those
provisions and would declare the Legislature's intent to restore an
appropriate balance between subordinate judicial officers and judges
in enacting those provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 69613 is added to the Government Code, to read:

   69613.  There shall be ___ additional judges of the superior court
for assignment to the various counties, as determined by the
Judicial Council. 
  SECTION 1.   Section 69613 is added to the  
Government Code   , to read:  
   69613.  (a) Upon appropriation by the Legislature in the 2005-06
fiscal year, there shall be 50 additional judges of the superior
court for appointment by the Governor to the various county superior
courts, as determined by the Judicial Council pursuant to uniform
criteria for determining the need for additional superior court
judges.
   (b) Upon appropriation by the Legislature in the 2006-07 fiscal
year, there shall be 50 additional judges of the superior court for
appointment by the Governor to the various county superior courts, as
determined by the Judicial Council pursuant to uniform criteria for
determining the need for additional superior court judges.
   (c) Upon appropriation by the Legislature in the 2007-08 fiscal
year, there shall be 50 additional judges of the superior court for
appointment by the Governor to the various county superior courts, as
determined by the Judicial Council pursuant to uniform criteria for
determining the need for additional superior court judges. 
  SEC. 2.   Section 69614 is added to the   Government
Code   , to read:  
   69614.  (a) It is the intent of the Legislature in enacting this
section to restore an appropriate balance between subordinate
judicial officers and judges in the trial courts by providing for the
conversion, as needed, of subordinate judicial officer positions to
judgeships in courts that assign subordinate judicial officers to act
as temporary judges. The Legislature finds that these positions must
be converted to judgeships in order to ensure that critical case
types, including family, probate, and juvenile law matters can be
heard by judges.
   (b) (1) Upon appropriation by the Legislature, no more than 161
subordinate judicial officer positions in eligible superior courts,
as determined by the Judicial Council pursuant to uniform criteria
for determining the need for converting existing subordinate judicial
officer positions to superior court judgeships, shall be converted
to judgeships as set forth in paragraph (2).
   (2) A subordinate judicial officer position shall be converted to
a judicial position when a vacancy occurs in any subordinate judicial
officer position in an eligible superior court and the Judicial
Council files notice of the vacancy with the Secretary of State.
   (3) The provisions of Section 12011.5 of the Government Code shall
apply to any appointment to a superior court judgeship converted
from a subordinate judicial officer position.
   (c) For purposes of this section, "subordinate judicial officer"
means an officer appointed under the authority of Section 22 of
Article VI of the California Constitution. This section shall not
apply to a subordinate judicial officer established by Section 4251
of the Family Code.
   (d) It is the intent of the Legislature that no subordinate
judicial officer shall involuntarily lose his or her position solely
due to operation of this section. This section does not change the
employment relationship between subordinate judicial officers and the
trial courts established by law.
   (e) This section does not limit the authority of the Governor to
appoint a person to fill a vacancy pursuant to subdivision (c) of
Section 16 of Article VI of the California Constitution.
   (f) This section does not entitle a court to an increase in
funding.
   (g) The operation of this section shall neither increase nor
decrease the number of judicial and subordinate judicial officer
positions and court support positions for which a county is
responsible by law.