BILL NUMBER: SB 1088	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2005
	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 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  or
court-connected  mediators or evaluators and the court, and
between court-appointed  or court-connected  mediators or
evaluators and any  party or any  attorney for a party to an
action  , except as specified  .  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.  The bill would require the
Judicial Council to adopt a related rule of court by July 1, 2006.

   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.  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  or
court-connected  evaluator or mediator, or between a
court-appointed  or court-connected  evaluator or mediator
and the court, in any proceedings under this code  , except with
regard to scheduling appointments  .  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  or court-connected  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 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.  
   (1) To allow a mediator or evaluator to address a case involving
allegations of domestic violence as set forth in Sections 3113, 3181,
and 3192.  
   (2) To allow a mediator or evaluator to address a case involving
allegations of domestic violence as set forth in the California Rules
of Court 5.215.  
   (3) If the mediator or evaluator determines that ex parte
communication is needed to inform the court of his or her belief that
a restraining order is necessary to prevent an imminent risk to the
physical safety of the child or the party.  
   (d) Nothing in this section shall be construed to limit the
responsibilities a mediator or evaluator may have as a mandated
reporter pursuant to Section 11165.9 of the Penal Code or the
responsibilities a mediator or evaluator may have to warn under
Tarasoff v. Regents of the University of California (1976) 17 Cal.3d
425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section
43.92.  
   (e) The Judicial Council shall, by July 1, 2006, adopt a rule of
court to implement this section. 
  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. 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.