BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1088|
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THIRD READING
Bill No: SB 1088
Author: Bowen (D)
Amended: 5/10/05
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-2, 5/03/05
AYES: Dunn, Cedillo, Figueroa, Kuehl
NOES: Morrow, Ackerman
NO VOTE RECORDED: Escutia
SUBJECT : Family law: Ex Parte Communications
SOURCE : Author
DIGEST : This bill prohibits ex parte communications in
family court proceedings between the court, the parties,
the attorneys of the parties, the child's attorney, and
mediators and evaluators, subject to certain exceptions.
ANALYSIS : Existing law provides that ex parte
conferences may be conducted between the court and parties
in a family law proceeding at the discretion of the court.
This bill restricts ex parte communications in family law
proceedings except as provided for and authorized in
Section 216 of the Family Code.
Existing law provides that ex parte communications are
permitted between mediators or evaluators and parties in
situations involving domestic violence.
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Existing law provides that counsel appointed to represent
the child's best interests may interview mediators.
Existing law provides that a child custody evaluator may
observe parent-child interactions and interview the parents
together or separately.
This bill allows for ex parte communications as provided in
current law and as required to prevent imminent risk to the
child's or party's safety or well being.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/10/05)
California Commission on the Status of Women
California National Organization for Women
National Center for Youth Law
ARGUMENTS IN SUPPORT : According to the author's office,
it is standard practice in many counties for family court
judges to talk about a case privately with evaluators and
mediators assigned to the case without the knowledge of all
the parties involved. It is also common for a party's
attorney to have private conversations with the evaluator
or mediator. As a result, important decisions about a
case, including child custody determinations, are often
made behind closed doors without the opportunity for the
excluded party to present his or her side of the story. In
other types of court proceedings, ex parte contacts are
prohibited. Family court should not be an exception.
The author's office asserts that ex parte communications in
family court are not only inappropriate but also arguably
constitute a violation of due process.
RJG:nl 5/10/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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