BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Carole Migden, Chair
56 (Dunn)
Hearing Date: 5/26/05 Amended: 4/18/05
Consultant: Lisa Matocq Policy Vote: Judiciary 6-1
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BILL SUMMARY:
SB 56 requires (1), the appointment of 150 new Superior Court
judgeships over the next three fiscal years, subject to
appropriation by the Legislature as specified, (2) the
conversion of up to 161 subordinate judicial officer (SJO)
positions to Superior Court judgeships, as specified, subject to
appropriation by the Legislature, and (3) makes related changes.
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Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
Judgeships $2,946 $38,410
$75,193+ General
SJO Conversion ------- $3,470
annually ----- General
Capital outlay
See comments below
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STAFF COMMENTS: SUSPENSE FILE.
As of 2004, there were 1,498 Superior Court judges and another
414 commissioners and referees, totaling 1,914 judicial
positions. According to Judicial Council, the current workload,
however, requires the services of 2,270 judicial positions, an
increase of 356. In an effort to reduce backlogs, increase
access to the courts, and improve public safety, this bill
increases the number of judgeships.
Specifically, this bill requires that 50 new judges be appointed
annually during 2005-06, 2006-07, and 2007-08, subject to
appropriation by the Legislature. The judges would be appointed
to various counties as determined by Judicial Council, based on
uniform criteria.
The annual cost for a judgeship is about $755,000 (including
salaries and benefits for the judge, five support staff, and one
bailiff, and operating expenses and equipment). By 2008-09,
annual costs for 150 new judgeships are estimated at $113
million. First-year cost estimates assume that no appointments
will be made until June 1, 2006. STAFF NOTES that while these
estimates include lease space to house the new judges, 81 of the
150 new judges will need new court facility space. SB 395
(Escutia), pending in this Committee, would enact the California
Court Facilities Bond Act of 2006 which, if approved by voters,
would authorize the issuance of an estimated $6-9 billion in
bonds for court facilities and maintenance, including the
additional 150 judgeships.
This bill also authorizes the conversion of up to 161
subordinate judicial officer (SJO) positions to judgeships,
subject to appropriation by the Legislature. SJOs are
SB 56
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commissioners and referees that, in theory, are assigned to
"subordinate" judicial
duties, such as small claims cases and traffic infractions.
However, in practice, SJOs
act as temporary judges, hearing misdemeanor and felony cases,
family law matters, and certain civil cases. SJOs cannot,
however, make a probable cause finding to support a warrant;
hear a criminal matter where double jeopardy applies unless the
parties stipulate; issue a criminal sentence (they do however
take pleas on arraignment calendars); or exercise contempt
powers.
According to Judicial Council, "Full public accountability
requires the courts to provide judges to hear matters that are
reserved for judges by law. Only judges are subject to the
judicial appointment process, directly accountable to the
electorate, and directly subject to the authority of the
Commission on Judicial Performance". Judicial Council asserts
that converting the SJO positions to judgeships would enable
courts to make better use of judicial resources and assign
judges, rather than SJOs, to perform judicial work. The cost to
convert a SJO position to a judgeship is about $21,500 (the
salary difference between an SJO and a judge). Therefore,
increased costs for 161 conversions are estimated at $3.46
million annually.
According to Judicial Council's 2004 Court Statistics Report,
"Statewide Caseload Trends, 1993-94 through 2002-2003", total
criminal filings dropped from 7.2 million in 1993-94 to 6.6
million in 2001-02; total filings in superior courts fell from
9.1 million to 8.3 million for the same period; total civil
filings fell from 1.7 million in 1993-94 to 1.5 million in
2002-03; total non-traffic and traffic misdemeanors both fell;
and felony filings fluctuated during the period. During the
same period, appointed judicial positions increased from 1,795
to 1,914. While filings may be down statewide, Judicial Council
points out, in its April 2005 briefing, "The Need for Trial
court Judgeships", that in the high-growth areas where the
majority of the new judges are proposed, i.e., Riverside,
Sacramento, San Bernardino, and Fresno, filings are up.
Furthermore, Judicial Council states that filings are much more
complicated today due to three-strikes, dependency, and the
increase in unrepresented litigants, all of which have increased
the courts' workload.
AB 1698 (Steinberg) of 2002 would have authorized the conversion
of up to 250 eligible SJOs to judgeships. The bill was amended
in the Senate to address an unrelated matter.