BILL ANALYSIS
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THIRD READING
Bill No: SB 56
Author: Dunn (D), et al
Amended: 5/27/05
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-1, 4/26/05
AYES: Dunn, Morrow, Cedillo, Escutia, Figueroa, Kuehl
NOES: Ackerman
SENATE APPROPRIATIONS COMMITTEE : 12-1, 5/26/05
AYES: Migden, Alarcon, Alquist, Ashburn, Battin, Dutton,
Escutia, Florez, Murray, Ortiz, Poochigian, Romero
NOES: Aanestad
SUBJECT : New and converted judicial positions
SOURCE : Judicial Council of California
DIGEST : This bill, upon legislative appropriation,
authorizes an unspecified number of new superior court
judgeships for each of the next three fiscal years.
Placement of the new positions will be determined by the
Judicial Council of California pursuant to uniform criteria
for determining the need for additional trial court judges.
This bill also, upon legislative appropriation, permits
the conversion of an unspecified number of existing
subordinate judicial officer (SJO) positions to judgeships
in eligible superior courts upon a vacancy of a SJO
position. Eligibility for conversion would be determined
by the Judicial Council pursuant to uniform criteria for
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determining the need for converting SJO positions to
judgeships. The Governor may fill by appointment the new
vacant judicial position. Candidates for appointment will
be subject to review by the State Bar's Commission on
Judicial Nominees Evaluation.
ANALYSIS : Existing law, Article VI, Section 4 of the
California Constitution, provides that the Legislature
shall prescribe the number of judges and provide for the
officers and employees of each superior court.
Existing law, Article VI, Section 22, provides that the
Legislature may provide for a court's appointment of
officers such as commissioners to perform subordinate
judicial duties.
This bill, upon appropriation of the Legislature, creates
an unspecified number of superior court judges to be
appointed by the Governor in the 2005-06, 2006-07, and
2007-08 fiscal years, to the various counties as determined
by the Judicial Council pursuant to uniform criteria.
This bill also authorizes up to SJO positions in eligible
superior courts, as determined by the Judicial Council, to
be converted to judgeships, according to uniform specified
criteria and upon appropriation by the Legislature. This
bill declares the Legislature's intent in enacting this
provision to restore an appropriate balance between
subordinate judicial officers and judges and to ensure that
critical case types can be heard by judges.
Background
According to the Judicial Council's September 2004 fact
sheet on the California Judicial Branch, there are 1,498
authorized superior court judges positions and another
414.6 (in terms of full-time equivalents) commissioners and
referees, for a total of 1,915 "Authorized Judicial
Positions (AJPs)." Judicial Council, however, points that
current workloads require the services of 2,270 "Judicial
Position Equivalents", which include the AJPs plus the
services of assigned judges, temporary judges, and
temporary commissioners and referees.
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Projected Costs of New Judgeships
According to the Judicial Council, the average ongoing cost
for a new judgeship is estimated to be $755,000 annually,
which varies by court depending on costs of support staff
and individual court facility needs.
This cost estimate includes the salary and benefits for a
new judge ($172,000), salary and benefits for five support
staff and 1.1 bailiffs ($389,000), and office space,
operating expenses and equipment (including
facilities and court security costs) for the judge and
staff ($193,000).
The Judicial Council estimates the first year costs of this
bill at $3 million, based upon its assumption that the
Governor will not make the appointments until June 1 of
next year. This may be a reasonable assumption, given the
condition in this bill that the judgeships are created only
upon appropriation by the Legislature. The full year cost
for 50 positions averages about $37 million annually for
each group of 50 judges.
Within the $37 million estimate is the estimated facilities
cost of an averaged $3.5 million for each group of 50 new
judgeships. Because most (15 of 50) of the first group can
be housed by existing facilities, the annual additional
facilities cost for the first 50 is "only" $2.267 million.
However, costs escalate to an annual $3.646 million for the
second group of 50 (29 of
50 will need leased space) and to $4.652 million for the
third group (37 of 50 will need leased space). These
estimates are based on the assumption that the new
positions will be housed in leased space until new or
renovated facilities are built. Building costs for
permanent space will be much more expensive.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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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 -- -- --
SUPPORT : (Verified 5/27/05)
Judicial Council of California (source)
California District Attorney's Association
California Judges Association
Orange County Bar Association
San Diego County Bar Association
OPPOSITION : (Verified 5/31/05)
Service Employees International Union
ARGUMENTS IN SUPPORT : According to the Judicial Council,
the bill's sponsor, California faces a "judicial gap" which
must be bridged in order to avoid serious and far-reaching
ramifications, including a significant decrease in
Californians' access to the courts, compromised public
safety, an unstable business environment, and, in some
courts, enormous backlogs that inhibit fair, timely, and
equitable justice.
ARGUMENTS IN OPPOSITION : The Service Employees
International Union (SEIU) states:
"SB 56 would upon appropriation, authorize an
unspecified number of new superior court judgeships
over the next three years and permit the conversion of
an unspecified number of judicial officers to
judgeships for an unknown number of new judges.
"While SEIU supports a well functioning and efficient
trial court system, we are extremely concerned about
the cuts that have been made over the last few years to
the state's social services programs for children,
elderly and disabled, health care programs, child care
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services and the state's K-12 schools, community
colleges and universities. Once again this year, these
programs will experience cuts or will not experience a
restoration of previous year cuts. Cuts to these
programs have had direct and negative impacts on the
quality of life for many Californians and in too many
cases have completely devastated them. Those who rely
on public services are often the most vulnerable,
poorest or disabled individuals and children.
"Each day in California, our poorest citizens go
without healthcare. Additional cuts to CalWorks grants
are forthcoming. SSI/SSP grantees are likely not to
receive a cost of living adjustment. Thousands of
families who are barely making ends meet are likely to
lose their state subsidized childcare. Our school
children face a broken promise by not having their
education adequately funded. Our most vulnerable
children, those who are abused or severely neglected,
often do not receive timely intervention. The
difference for a family and child in crisis in the
Child Protective Service system is too often a matter
of life and death for the child. There are simply not
enough social workers to help families cope, break the
cycle of abuse and teach proper parenting skills, there
are not enough social workers to provide healing
emotional support and understanding to a victimized
child and not enough shelters for them.
"California is facing a budget crisis and prioritizing
program funding over another is a sad realty. But
given the choice, we would elect to lower the caseloads
of child protective service social workers instead of
judges. On this matter the calculated average annual
cost per judgeship is estimated to be $755,000 per year
for the judge and other associated costs. On the other
hand, the cost per social worker and all associated
costs, including supervision is on average $130,000
annually. SEIU appreciates the author's desire for a
stabilized and timely trial court system, however we
believe that staving off additional cuts or reinvesting
in social and health care programs and education out to
be the priority in this dire fiscal environment and the
first priority in an economic recovery."
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RJG:mel 5/31/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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