BILL NUMBER: SB 1088 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2005
AMENDED IN ASSEMBLY JUNE 28, 2005
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
( Coauthors: Assembly Members
Calderon and Lieber )
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 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: 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 the scheduling of appointments.
(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 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 of the Civil Code.
(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.