BILL ANALYSIS
AB 2116
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Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2116 (Evans) - As Amended: April 5, 2010
PROPOSED CONSENT
SUBJECT : subordinate judicial officers: GIFTS AND HONORARIA
KEY ISSUE : Should the gift limitations that seek to eliminate
actual BIAS and the appearance of bias in the courtroom, but are
currently only applicable to specified judicial officers, be
extended to subordinate judicial officers?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial bill seeks to extend the gift limitations
that currently affect judges of the superior courts, as well as
justices of the courts of appeal and the Supreme Court, to
subordinate judicial officers (SJOs). Historically, SJO
positions were created and funded at the county level to address
courts' needs for judicial-like resources when new judgeships
were pending or not yet authorized by the Legislature. SJOs
currently perform some of the most complex and sensitive
judicial duties that all judges conduct. According to the
author, the goal of the measure is to help eliminate actual
bias, and the appearance of bias, in all state courtrooms by
extending the gift limitations to all those with adjudicative
power within the California courts including SJOs, in an effort
to promote justice and the integrity of the judicial system.
The bill is laudably sponsored by the California Judges
Association and there is no known opposition to the measure.
SUMMARY : Seeks to extend the gift limitations that are
applicable to judges of the superior courts, as well as to
justices of the courts of appeal and the Supreme Court, to
subordinate judicial officers (SJOs). Specifically, this bill
simply expands the definition of "judge" in the pertinent
section of the Code of Civil Procedure regulating gifts and
honoraria to judges to include "subordinate judicial officers"
(SJOs) so that such gift and honoraria limits apply to SJOs as
well as all other judicial officers.
AB 2116
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EXISTING LAW : Generally treats judges in the same manner as
other elected state officials with respect to gift limits and
prohibitions on acceptance of honoraria. The following
distinctions apply to judges:
1)No judge shall accept gifts from any single source in any
calendar year with a total value of more than $250, excluding
wedding gifts, and gifts exchanged between individuals on
birthdays and holidays. (Code of Civil Procedure 170.9.)
2)No judge shall accept an "honorarium" but the term honorarium
does not include earned income for personal services which are
customarily provided in connection with the practice of a bona
fide business, trade, or profession, such as teaching or
writing for a legal publisher, and does not include fees or
other things of value received for performance of a marriage.
3)The Commission on Judicial Performance, rather than the Fair
Political Practices Commission (FPPC), has oversight and the
authority to enforce the prohibitions on gifts and honorarium,
and the Code of Judicial Ethics. The State Bar also has
authority to disbar judges removed from the bench.
4)The Canons in the Code of Judicial Conduct have had an
indirect effect. While not having the force of law or
regulation, they reflect a judicial consensus regarding
appropriate behavior; failure of judges to comply with these
Canons suggests performance below the standard necessary to
maintain public confidence.
COMMENTS : This non-controversial bill seeks to extend the gift
limitations that currently affect judges of the superior courts,
as well as justices of the courts of appeal and the Supreme
Court, to subordinate judicial officers (SJOs). Historically,
SJO positions were created and funded at the county level to
address courts' needs for judicial-like resources when new
judgeships were pending or not yet authorized by the
Legislature. SJOs currently perform some of the most complex
and sensitive judicial duties that all judges conduct.
According to the author, the goal of the measure is to help
eliminate actual bias, and the appearance of bias, in all state
courtrooms by extending the gift limitations to all those with
adjudicative power within the California courts including SJOs,
in an effort to promote justice and the integrity of the
AB 2116
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judicial system.
Background : The Canons in the Code of Judicial Ethics, issued
by the California Supreme Court, provides mandatory rules and
guidance on appropriate behavior by judicial officers. In
addition, the Code of Civil Procedure imposes specific statutory
limits on the amount of gifts that a judge of the superior court
or a justice of the courts of appeal or Supreme Court may
receive. The law provides limited exemptions - for certain
travel and lodging, wedding gifts, gifts of similar value, gifts
exchanged on special occasion, and gifts from persons with whom
the judge is prohibited under the Code of Judicial Ethics from
hearing a case. These judicial officers are also prohibited
from accepting any honorarium.
The Commission on Judicial Performance is charged with enforcing
the provisions of this law.
The purpose of this law is to eliminate both actual and the
appearance of bias when a person appears before the court. This
law also assists a judge in determining what gifts the judge may
or should be able to receive; and, provides clear guidance on
what he or she may not receive or accept. Recognizing the need
to prevent actual bias and the appearance of improper influence
or bias in the courts when it comes to subordinate judicial
officers, this measure extends the scope of existing judicial
gift limits to SJOs, including court commissioners, probate
commissioners, referees, traffic referees, and juvenile
referees.
Prior Legislation : SB 1589 (Chapter 557, Statutes of 1996) -
Clarified the law regarding judicial honoraria and exempted
gifts from any person whose preexisting relationship with a
judge would prevent a judge from hearing a case involving that
person.
SB 353 (Chapter 378, Statutes of 1995) - Provided clarification
to the law with regard to certain events and seminars,
informational material, and payments from publishers for
materials written by judges.
AB 3638 (Chapter 1238, Statues of 1994) - Added the gift and
honoraria limitations to the Code of Civil Procedure and applied
them to judges of the justice courts, judges of the municipal
court, judges of the superior court, justices of the courts of
appeal, and justices of the Supreme Court.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Judges Association (sponsor)
Opposition
None on file
Analysis Prepared by : Drew Liebert and Barry Jardini / JUD. /
(916) 319-2334