BILL NUMBER: SB 1088	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2005
	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   amend Section
1818 of, and 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.
   Existing law prohibits ex parte communications involving certain
administrative proceedings.
   This bill would 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 attorney for a party to an action. The bill would
also prohibit an attorney 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.  The bill would provide
specified exceptions from these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: 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) 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 a court-appointed evaluator or
mediator and the court, in any proceedings under this code. 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 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.
   (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.
   (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)    As set forth in Sections 3113, 3181, and 3192.

    (3)  Where the mediator or evaluator determines that ex
parte communication is necessary to prevent an imminent risk to the
child's  or party's  safety or well-being.
   SEC. 2.    Section 1818 of the   Family Code
  is amended to read: 
   1818.
   (a) All superior court hearings or conferences in proceedings
under this part shall be held in private and the court shall exclude
all persons except the officers of the court, the parties, their
counsel, and witnesses.  Conferences may be held with each
party and the party's counsel separately and in the discretion of the
judge, commissioner, or counselor conducting the conference or
hearing, counsel for one party may be excluded when the adverse party
is present.   The court shall not allow ex parte
communications, except as authorized by Section 216.  All
communications, verbal or written, from parties to the judge,
commissioner, or counselor in a proceeding under this part shall be
deemed to be official information within the meaning of Section 1040
of the Evidence Code.
   (b) The files of the family conciliation court shall be closed.
The petition, supporting affidavit, conciliation agreement, and any
court order made in the matter may be opened to inspection by a party
or the party's counsel upon the written authority of the judge of
the family conciliation court.