BILL NUMBER: AB 159	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Jones
   (Principal coauthors: Assembly Members Benoit and Carter)
   (Coauthors: Assembly Members Garcia, Levine, and Lieber)

                        JANUARY 18, 2007

   An act  to amend Section 12011.5 of, and  to add Sections
 69110, 69614.2,   69614.2  and 69615 to
 ,  the Government Code, relating to courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 159, as amended, Jones. Courts: judgeships. 
   Existing 
    (1)    Existing law requires the Governor
to submit to a designated agency of the State Bar of California the
names of all potential appointees or nominees for a vacant judicial
office for evaluation of their judicial qualifications. Existing law
also requires the Governor, on or before March 1, 2007, and annually
on or before each March 1 thereafter, to disclose aggregate statewide
demographic data provided by all judicial applicants relative to
ethnicity and gender.  
   This bill would require the Governor to collect and release, on an
aggregate statewide basis, demographic data provided by all judicial
applicants relative to ethnicity, race, and gender and demographic
data relative to ethnicity, race, and gender of all judicial
appointments or nominations as provided by the judicial appointee or
nominee. 
    (2)     Existing  law specifies the
number of judges for the superior court of each county and for each
division of each district of the court of appeal.
   This bill would authorize  50   an
unspecified number of  additional judges, upon appropriation by
the Legislature in the 2007-08 fiscal year, to be allocated to the
various county superior courts, pursuant to uniform criteria approved
by the Judicial Council.  The bill would authorize an
unspecified number of additional appellate judges, upon appropriation
by the Legislature in the 2007-08 fiscal year. 
   This bill would  authorize no more than  
provide that, upon subsequent authorization by the Legislature, 
162 subordinate judicial officer positions in eligible superior
courts, as determined by the Judicial Council,  to 
 shall  be converted to judgeships, according to specified
criteria  and upon appropriation by the Legislature 
 , except that no more than 16 positions may be converted to
judgeships in any calendar year  . The bill would define the
term "subordinate judicial officer" for purposes of those provisions
and would further declare the Legislature's intent to restore an
appropriate balance between subordinate judicial officers and judges
in enacting those provisions.
   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 69110 is added to the
Government Code, to read:
   69110.  Upon appropriation by the Legislature in the 2007-08
fiscal year, there shall be ____ additional appellate judges.

  SECTION 1.    Section 12011.5 of the  
Government Code   is amended to read: 
   12011.5.  (a) In the event of a vacancy in a judicial office to be
filled by appointment of the Governor, or in the event that a
declaration of candidacy is not filed by a judge and the Governor is
required under subdivision (d) of Section 16 of Article VI of the
Constitution to nominate a candidate, the Governor shall first submit
to a designated agency of the State Bar of California the names of
all potential appointees or nominees for the judicial office for
evaluation of their judicial qualifications.
   (b) The membership of the designated agency of the State Bar
responsible for evaluation of judicial candidates shall consist of
attorney members and public members with the ratio of public members
to attorney members determined, to the extent practical, by the ratio
established in Sections 6013.4 and 6013.5 of the Business and
Professions Code. It is the intent of this subdivision that the
designated agency of the State Bar responsible for evaluation of
judicial candidates shall be broadly representative of the ethnic,
sexual, and racial diversity of the population of California and
composed in accordance with Sections 11140 and 11141 of the
Government Code. The further intent of this subdivision is to
establish a selection process for membership on the designated agency
of the State Bar responsible for evaluation of judicial candidates
under which no member of that agency shall provide inappropriate,
multiple representation for purposes of this subdivision.
   (c) Upon receipt from the Governor of the names of candidates for
judicial office and their completed personal data questionnaires, the
State Bar shall employ appropriate confidential procedures to
evaluate and determine the qualifications of each candidate with
regard to his or her ability to discharge the judicial duties of the
office to which the appointment or nomination shall be made. Within
90 days of submission by the Governor of the name of a potential
appointee for judicial office, the State Bar shall report in
confidence to the Governor its recommendation whether the candidate
is exceptionally well qualified, well qualified, qualified, or not
qualified and the reasons therefor, and may report, in confidence,
other information as the State Bar deems pertinent to the
qualifications of the candidate.
   (d) In determining the qualifications of a candidate for judicial
office, the State Bar shall consider, among other appropriate
factors, his or her industry, judicial temperament, honesty,
objectivity, community respect, integrity, health, ability, and legal
experience.
   (e) The State Bar shall establish and promulgate rules and
procedures regarding the investigation of the qualifications of
candidates for judicial office by the designated agency. These rules
and procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
health, physical or mental condition, or moral turpitude which,
unless rebutted, would be determinative of the candidate's
unsuitability for judicial office. No provision of this section shall
be construed as requiring that any rule or procedure be adopted that
permits the disclosure to the candidate of information from which
the candidate may infer the source, and no information shall either
be disclosed to the candidate nor be obtainable by any process that
would jeopardize the confidentiality of communications from persons
whose opinion has been sought on the candidate's qualifications.
   (f) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the State Bar in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the State Bar with a candidate or
person providing information in furtherance of the purposes of this
section shall not constitute a waiver of the privilege or a breach of
confidentiality.
   (g) If the Governor has appointed a person to a trial court who
has been found not qualified by the designated agency, the State Bar
may make public this fact after due notice to the appointee of its
intention to do so, but that notice or disclosure shall not
constitute a waiver of privilege or breach of confidentiality with
respect to communications of or to the State Bar concerning the
qualifications of the appointee.
   (h) If the Governor has nominated or appointed a person to the
Supreme Court or court of appeal in accordance with subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Commission on Judicial Appointments may invite, or the State Bar's
governing board or its designated agency may submit to the commission
its recommendation, and the reasons therefor, but that disclosure
shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the State Bar
concerning the qualifications of the nominee or appointee.
   (i) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefor. As used in this section, the term "State Bar" means its
governing board and members thereof, the designated agency of the
State Bar and members thereof, and employees and agents of the State
Bar.
   (j) At any time prior to the receipt of the report from the State
Bar specified in subdivision (c) the Governor may withdraw the name
of any person submitted to the State Bar for evaluation pursuant to
this section.
   (k) No candidate for judicial office may be appointed until the
State Bar has reported to the Governor pursuant to this section, or
until 90 days have elapsed after submission of the candidate's name
to the State Bar, whichever occurs earlier. The requirement of this
subdivision shall not apply to any vacancy in judicial office
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies and with respect to nominations pursuant to subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Governor shall be required to submit any candidate's name to the
State Bar in order to provide it an opportunity, if time permits, to
make an evaluation.
   (l) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to judicial
office, nor shall anything in this section be construed as adding any
additional qualifications for the office of a judge.
   (m) The Board of Governors of the State Bar shall not conduct or
participate in, or authorize any committee, agency, employee, or
commission of the State Bar to conduct or participate in, any
evaluation, review, or report on the qualifications, integrity,
diligence, or judicial ability of any specific justice of a court
provided for in Section 2 or 3 of Article VI of the California
Constitution without prior review and statutory authorization by the
Legislature, except an evaluation, review, or report on potential
judicial appointees or nominees as authorized by this section.
   The provisions of this subdivision shall not be construed to
prohibit a member of the State Bar from conducting or participating
in an evaluation, review, or report in his or her individual
capacity.
   (n) (1) Notwithstanding any other provision of this section, on or
before March 1, 2007, and on or before March 1 of each year
thereafter, all of the following shall occur:
   (A) The Governor shall  disclose aggregate statewide
demographic   collect and release, on an aggregate
statewide basis, both of the following: 
    (i)     Demographic  data provided by
all judicial applicants relative to ethnicity  , race,  and
gender. 
   (ii) Demographic data relative to ethnicity, race, and gender of
all judicial appointments or nominations as provided by the judicial
appointee or nominee. 
   (B) The designated agency of the State Bar responsible for
evaluation of judicial candidates shall collect and release both of
the following on a aggregate statewide basis:
   (i) Statewide demographic data provided by judicial applicants
reviewed relative to ethnicity  , race,  and gender.
   (ii) The statewide summary of the recommendations of the
designated agency of the State Bar by ethnicity  , race, 
and gender.
   (C) The Administrative Office of the Courts shall collect and
release the demographic data provided by justices and judges
described in Article VI of the California Constitution relative to
ethnicity  , race,  and gender, by specific jurisdiction.
   (2)  Any demographic data disclosed or released pursuant to this
subdivision shall disclose only aggregated statistical data and shall
not identify any individual applicant, justice, or judge.
   (o) If any provision of this section other than a provision
relating to or providing for confidentiality or privilege from
disclosure of any communication or matter, or the application of the
provision to any person or circumstances, is held invalid, the
remainder of this section to the extent it can be given effect, or
the application of the provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected
thereby, and to this extent the provisions of this section are
severable. If any other act of the Legislature conflicts with the
provisions of this section, this section shall prevail.
  SEC. 2.  Section 69614.2 is added to the Government Code, to read:
   69614.2.  Upon appropriation by the Legislature in the 2007-08
fiscal year, there shall be  50   ____ 
additional judges allocated to the various county superior courts,
pursuant to the uniform criteria described in subdivision (b) of
Section 69614, as updated and approved by the Judicial Council on
February 23, 2007.
  SEC. 3.  Section 69615 is added to the Government Code, to read:
   69615.  (a) It is the intent of the Legislature in enacting this
section to restore an appropriate balance between subordinate
judicial officers and judges in the trial courts by providing for the
conversion, as needed, of subordinate judicial officer positions to
judgeships in courts that assign subordinate judicial officers to act
as temporary judges. The Legislature finds that these positions must
be converted to judgeships in order to ensure that critical case
types, including family, probate, and juvenile law matters can be
heard by judges.
   (b) (1) Upon  appropriation   subsequent
authorization  by the Legislature,  no more than
 162 subordinate judicial officer positions in eligible
superior courts, as determined by the Judicial Council pursuant to
uniform criteria for determining the need for converting existing
subordinate judicial officer positions to superior court judgeships,
shall be converted to judgeships as set forth in paragraph (2)  ,
except that no more than 16 subordinate judicial officer positions
may be converted in any calendar year  .
   (2) A subordinate judicial officer position shall be converted to
a judicial position when a vacancy occurs in any subordinate judicial
officer position in an eligible superior court and the Judicial
Council files notice of the vacancy with the Secretary of State.
   (3) The provisions of Section 12011.5 of the Government Code shall
apply to any appointment to a superior court judgeship converted
from a subordinate judicial officer position.
   (c) For purposes of this section, "subordinate judicial officer"
means an officer appointed under the authority of Section 22 of
Article VI of the California Constitution. This section shall not
apply to a subordinate judicial officer established by Section 4251
of the Family Code.
   (d) It is the intent of the Legislature that no subordinate
judicial officer shall involuntarily lose his or her position solely
due to operation of this section. This section does not change the
employment relationship between subordinate judicial officers and the
trial courts established by law.
   (e) This section does not limit the authority of the Governor to
appoint a person to fill a vacancy pursuant to subdivision (c) of
Section 16 of Article VI of the California Constitution.
   (f) This section does not entitle a court to an increase in
funding.
   (g) The operation of this section shall neither increase nor
decrease the number of judicial and subordinate judicial officer
positions and court support positions for which a county is
responsible by law.