BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
159 (Jones)
Hearing Date: 8/30/07 Amended: 7/17/07
Consultant: Nora Lynn Policy Vote: Judiciary 5-0
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BILL SUMMARY:
AB 159 would, upon appropriation by the Legislature, establish
an unspecified number of new superior court judgeships and
authorize the conversion of 162 existing subordinate judicial
officer (SJO) positions into judgeships, as specified. AB 159
would also revise current data collection requirements to
require the Governor to collect and release specified
demographic information on judicial applicants.
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Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
New judgeships Unknown, major costs; see staff
commentsGeneral*
SJO conversions See staff comments General*
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* Trial Court Trust Fund
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
As of 2006 and the enactment of SB 56 (Dunn, Chapter 390), there
were 1,548 Superior Court judges and another 422 commissioners
and referees, totaling 1,970 judicial positions. According to
Judicial Council, the current judicial workload requires the
services of 2,332 judicial positions, however, an increase of
362. In an effort to reduce backlogs, increase access to the
courts and improve public safety, this bill would increase the
number of judicial positions.
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AB 159 (Jones)
Page 2
AB 159 would require an unspecified number of new judges be
appointed, subject to appropriation by the Legislature, to
various counties as determined by Judicial Council, based on
uniform criteria. The annual full-year personnel cost for a
judgeship is $808,000 including salaries and benefits for the
judge, five support staff, 1.1 bailiffs and ongoing facilities
costs.
Although the bill is currently silent as to the number of
judgeships that would be created upon appropriation of funds by
the Legislature, staff notes prior versions of the measure
authorized 50 additional judgeships. SB 77 (Ducheny), the
approved budget bill, authorized approximately $24 million in
one-time capital improvement and equipment costs and $3 million
in compensation for one month's worth of salary for 50 judges,
to allow time for the judicial review and appointment process.
AB 159 would further authorize the conversion of 162 SJO
positions to superior court judgeships, subject to
appropriation. SJOs are commissioners and referees who in theory
are assigned to "subordinate" judicial duties, such as small
claims cases and traffic infractions. In practice, though, SJOs
act as temporary judges, hearing misdemeanor and felony cases,
family law matters and certain civil cases. SJOs cannot make a
probable cause finding to support a warrant; hear a criminal
case matter where double jeopardy applies unless the parties
stipulate; issue a criminal sentence (they do, however, take
pleas on arraignment calendars) or exercise contempt powers.
The cost to convert a SJO position to a judgeship is about
$26,000 (the salary difference between an SJO and a judge);
therefore, increased costs for 162 conversions are estimated at
$4.2 million annually once fully implemented over several years,
as vacancies occur. Judicial Council indicates it intends to
absorb the cost difference within the Trial Court Trust Fund.
PROPOSED AUTHOR'S AMENDMENTS would add 50 judgeships, require
annual legislative reauthorization of new SJOs and require
specified information on judicial appointees to be reported.