BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1088
                                                                  Page  1

          Date of Hearing:   July 13, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    SB 1088 (Bowen) - As Amended:  June 28, 2005 

          Policy Committee:                              JudiciaryVote:8-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill prohibits ex parte communications in family law  
          proceedings between the court, attorneys for the parties, the  
          child's attorney, and mediators and evaluators, with specified  
          exceptions, and requires the Judicial Council to adopt a rule of  
          court by July 1, 2006 to implement these requirements.

           FISCAL EFFECT  

          Minor absorbable costs to the Judicial Council.

           COMMENTS  

           Purpose  . In child custody cases, the author argues that  
          communication should be appropriately limited. The author  
          indicates that, in such cases, there is often communication  
          between the judge and the mediator or evaluator, or between a  
          mediator or evaluator and one party while the other party is  
          unaware of the communication or of the information provided.  

          The author maintains that, as a result, important decisions  
          about the case, including child custody determinations, are made  
          without any opportunity for the other party to present their  
          side. In other types of court proceedings, ex-parte  
          communication is prohibited, and the author believes that family  
          court shouldn't be an exception.

          Los Angeles, Sacramento and several other counties have adopted  
          local rules that prohibit ex parte communications similar to  
          this legislation.  According to the Judicial Council, such rules  
          have proved workable and have prevented inappropriate ex parte  
          communications.








                                                                  SB 1088
                                                                  Page  2


           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081