BILL NUMBER: SB 1088	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 18, 2005

INTRODUCED BY   Senator Bowen

                        FEBRUARY 22, 2005

   An act  to add Section 216 to the Family Code,  relating
to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1088, as amended, Bowen.  Family law: motions and orders. 
   Under existing law, the rules of practice and procedure applicable
to civil actions generally apply to family law proceedings, except
to the extent that any other statute or rules adopted by the Judicial
Council provide applicable rules. Existing law prohibits ex parte
communications involving certain administrative proceedings. 

   This bill would require the Judicial Council, by March 1, 2006, to
adopt a rule of court concerning ex parte communications between
court-appointed mediators or evaluators and the court, and between
court-appointed mediators or evaluators and any party to an action,
any attorney for a party to an action, or an attorney appointed by
the court to represent a child, as specified.   
   Existing law provides for ex parte applications, motions,
restraining orders, and emergency protective orders in family law
proceedings.  
   This bill would express the intent of the Legislature to enact
legislation requiring the development of uniform procedural rules
governing ex parte applications, motions, and orders in family law
proceedings. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  
  SECTION 1.  It is the intent of the Legislature to enact
legislation requiring the development of uniform procedural rules
governing ex parte applications, motions, and orders in family law
proceedings.
  SECTION 1.   Section 216 is added to the   Family Code
  , to read: 
   216.  (a) The Judicial Council shall, by March 1, 2006, adopt a
rule of court concerning ex parte communications between
court-appointed mediators or evaluators and the court, and between
court-appointed mediators or evaluators and any party to an action,
any attorney for a party to an action, or an attorney appointed by
the court to represent a child.
   (b) The rule adopted pursuant to subdivision (a) shall provide
that, in the absence of a stipulation by the parties to the contrary,
there shall be no ex parte communication between the attorneys for
any party to an action and any evaluator or mediator, or between an
evaluator or mediator and the court, in any proceedings under this
code. It shall also provide that, absent stipulation by the parties
to the contrary, no attorney or party to an action may initiate oral
communication pertaining to the merits of the case with an evaluator
or mediator without first providing all parties, including any
attorney of record for a child, an opportunity to be present, and
that no attorney or party to an action may provide an evaluator with
documents pertaining to the case without first providing the attorney
for any other party, including any attorney of record for a child, a
copy of the document.
   (c) The rule adopted pursuant to subdivision (a) shall prohibit ex
parte communications between counsel appointed by the court pursuant
to Section 3150 and any evaluator or mediator, except where it is
expressly authorized by the court or undertaken pursuant to paragraph
(5) of subdivision (c) of Section 3151.
   (d) The rule adopted pursuant to subdivision (a) shall provide for
exceptions to the requirements of subdivisions (b) and (c) in both
of the following situations:
   (1) To allow a mediator or evaluator to address a case involving
allegations of domestic violence.
   (2) Where the mediator or evaluator determines that ex parte
communication is necessary to prevent an imminent risk to the child's
safety or well-being.