BILL NUMBER: SB 1088	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2005
	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

    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   prohibit,
in the   absence of a stipulation to the contrary,  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   . The bill would also
prohibit  an attorney  appointed by the court to
represent a child, as specified   or party from
initiating oral communication pertaining to the merits of the case
with, or providing documents pertaining to the case to, an evaluator
or mediator without taking specified action  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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


  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 
 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  court-appointed
 evaluator or mediator, or between  an   a
court-appointed  evaluator or mediator and the court, in any
proceedings under this code.  It shall also provide that,
absent   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  or mediator  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

    (b)     There shall be no  ex parte
communications between counsel appointed by the court pursuant to
Section 3150 and any  court-appointed  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

    (c)     Subdivisions (a) and (b) shall not
apply in either  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.