BILL ANALYSIS
AB 2763
Page 1
ASSEMBLY THIRD READING
AB 2763 (Judiciary Committee)
As Amended March 25, 2010
Majority vote
JUDICIARY 10-0 APPROPRIATIONS 17-0
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|Ayes:|Feuer, Tran, Brownley, |Ayes:|Fuentes, Conway, Ammiano, |
| |Hill, Hagman, Huffman, | |Bradford, Charles |
| |Knight, Skinner, Monning, | |Calderon, Coto, Davis, |
| |Nava | |Monning, Ruskin, Harkey, |
| | | |Miller, Nielsen, Norby, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Seeks to improve the handling of family and juvenile
law cases in our courts. Specifically, this bill :
1)Authorizes the Judicial Council (JC) to convert up to an
additional 10 subordinate judicial officer positions (SJOs) to
judgeships each year, upon vacancy, if the conversion of these
additional positions will result in a judge being assigned to
a family or juvenile law assignment previously presided over
by a subordinate judicial officer.
2)Requires the JC to prepare and submit to the Legislature a
Judicial Needs Assessment that revises the time study
specifically for family and juvenile law, to get a better
handle on the judicial resource needs of our family and
juvenile courts.
EXISTING LAW :
1)Provides that the Legislature shall prescribe the number of
judges and provide for the officers and employees of each
superior court.
2)Authorizes the conversion of 16 SJO positions in eligible
superior courts to judgeships each fiscal year as specified.
FISCAL EFFECT : According to the Assembly Appropriations:
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1)Annual cost of up to $310,000 for conversion of 10 SJOs to
judgeships. For each conversion of an SJO position to a
judgeship, the additional annual cost, based on salary
differences between the two positions, is approximately
$31,000. These additional costs will be funded through a
reallocation of monies in the Trial Court Trust Fund.
2)Minor absorbable costs to the Administrative Office of the
Courts to complete the needs assessment and report.
COMMENTS : This bill seeks to improve family and juvenile law
cases by increasing the likelihood that these matters are
presided over by judges and not SJRs. The bill further seeks to
ensure that there is an appropriate understanding of the
shortage of family and juvenile law judges around the state so
that this shortfall may begin to be remedied in an appropriate
manner. The bill is supported by the JC with no known
opposition.
According to the Judicial Council, 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. Unlike
judges, SJOs are not directly accountable to the public, but due
to the shortages of judges, are performing some of the most
complex and sensitive judicial duties. Conversion of these
positions to judgeships when they become vacant makes them both
more accountable to the public and, the author contends, helps
provide better trust and confidence in the courts.
In 2002 the Judicial Council identified family and juvenile law
matters among those that are of such a nature as to require
judges, rather than SJOs, to preside over them whenever
possible.
This bill will therefore permit the Judicial Council to convert
an additional 10 positions in each year. Consistent with the
Legislature's increased focused interest on family and juvenile
law reform and improvement, and with the enacted legislative
findings and declarations regarding the rationale for conversion
of SJOs, the Council's repeated statements that judges rather
than SJOs should preside over critical case types such as family
and juvenile law, the recommendation of the BRC, and the focused
attention on family law matters with the work of the Council's
Elkins Family Law Task Force, the bill will permit the Council
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to convert the additional 10 positions if and only if the
conversion results in a judge being assigned to a family or
juvenile law assignment that was previously presided over by an
SJO. The bill does not impact the Council's authority to
convert the 16 positions already authorized by law. The
criteria related to the family or juvenile law assignment is
related only to conversions number 17 through 26.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0004577