BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1088
Author: Bowen (D), et al.
Amended: 8/22/05
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-2, 5/03/05
AYES: Dunn, Cedillo, Figueroa, Kuehl
NOES: Morrow, Ackerman
NO VOTE RECORDED: Escutia
SENATE FLOOR : 29-8, 5/23/05
AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny,
Dunn, Dutton, Escutia, Figueroa, Florez, Kehoe, Kuehl,
Machado, Maldonado, Margett, McClintock, Migden, Murray,
Ortiz, Perata, Romero, Runner, Scott, Simitian, Soto,
Speier, Torlakson, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Campbell, Cox,
Denham, Hollingsworth
NO VOTE RECORDED: Lowenthal, Morrow, Poochigian
ASSEMBLY FLOOR : 65-10, 8/25/05 - See last page for vote
SUBJECT : Family law: ex parte communications
SOURCE : Author
DIGEST : This bill requires the Judicial Council to adopt
a rule limiting ex parte communication in family court.
Assembly Amendments (1) generally recast the bill with the
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same intent as it left the Senate and now requires the
Judicial Council to adopt a rule limiting ex parte
communications in family court and (2) add co-authors.
ANALYSIS:
Existing law:
1.Provides that ex parte conferences may be conducted
between the court and parties in a family law proceeding
at the discretion of the court.
2.Provides that ex parte communications are permitted
between mediators or evaluators and parties in situations
involving domestic violence.
3.Provides that counsel appointed to represent the child's
best interests may interview mediators.
4.Provides that a child custody evaluator may observe
parent-child interactions and interview the parents
together or separately.
5.Requires psychotherapists to warn and protect from a
patient's threatened violent behavior where the patient
has communicated a serious threat of physical violence as
specified.
6.Requires specified individuals, known as mandated
reporters, to report to law enforcement suspected child
abuse of neglect.
This bill:
1.Prohibits, in the absence of a stipulation by the
parties, ex parte communications in family law
proceedings between attorneys for any party and any
court-appointed or court-connected evaluator or mediator,
or between any court-appointed or court-connected
evaluator or mediator and the court, except with regard
to scheduling appointments.
2.Prohibits ex parte communications between a child's
counsel, appointed by the court, and any court-appointed
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or court-connected evaluator or mediator, except where
expressly authorized by the court or as authorized to
allow the child's counsel to interview mediators.
3.Allows for ex parte communications to address cases
involving allegations of domestic violence and as needed
to inform the court that a restraining order is necessary
to prevent imminent risk of physical safety to the child
or party. Does not limit the duty of a mediator or
evaluator to report child abuse or neglect as a mandated
reporter or their duty to warn of serious threat of harm,
as specified.
4.Directs Judicial Council to adopt a rule to implement the
above requirements by July 1, 2006.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee
analysis, minor absorbable costs to Judicial Council.
SUPPORT : (Verified 8/26/05)
California Commission on the Status of Women
California National Organization of Women
National Center for Youth Law
Prevent Child Abuse, California
Family Court Bar Association (FLEXCOM)
ARGUMENTS IN SUPPORT : The author's office argues that ex
parte communication should be appropriately limited
because, "Often in a child custody case, there is
communication between the judge and the mediator or
evaluator, or between a mediator or evaluator and one party
but the other party isn't made aware of the communication
or of the information provided. As a result, important
decisions about the case, including child custody
determinations, are made behind closed doors without any
opportunity for the other party to present their side of
the story. In other types of court proceedings, ex-parte
communication is prohibited. Family court shouldn't be an
exception."
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ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Berg, Bermudez,
Blakeslee, Calderon, Canciamilla, Chan, Chavez, Chu,
Cohn, Coto, Daucher, De La Torre, DeVore, Dymally, Evans,
Frommer, Garcia, Goldberg, Hancock, Jerome Horton,
Shirley Horton, Houston, Huff, Jones, Karnette, Keene,
Klehs, Koretz, Laird, Leno, Levine, Lieber, Liu,
Matthews, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Niello, Oropeza, Parra, Pavley,
Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,
Saldana, Salinas, Spitzer, Strickland, Torrico, Tran,
Umberg, Vargas, Villines, Wolk, Yee
NOES: Benoit, Bogh, Cogdill, Haynes, La Malfa, La Suer,
Leslie, Maze, Walters, Wyland
NO VOTE RECORDED: Emmerson, Harman, Negrete McLeod, Nunez,
Vacancy
RJG:nl 8/26/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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