BILL ANALYSIS
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THIRD READING
Bill No: AB 2763
Author: Assembly Judiciary Committee
Amended: 8/18/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 6/22/10
AYES: Corbett, Hancock, Leno
NOES: Harman
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR: 76-0, 6/1/10 - See last page for vote
SUBJECT : Subordinate Judicial Officer Conversions
SOURCE : Assembly Judiciary Committee
DIGEST : This bill authorizes the Judicial Council to
convert, in eligible superior courts, 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 an SJO. This bill requires the Judicial
Council to provide the Legislature with a new special
assessment of the need for new judgeships in the family and
juvenile law assignments for each superior court and a
CONTINUED
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report on the effectiveness of the additional SJO
conversions authorized by this bill.
ANALYSIS : Existing law provides that the Legislature
shall prescribe the number of judges and provide for the
officers and employees of each superior court. (Cal.
Const., art. VI, Sec. 4.)
Existing law provides that the Legislature may provide for
the trial courts to appoint officers such as commissioners
to perform subordinate judicial duties. (Cal. Const., art.
VI, Sec. 22.)
Existing law authorizes the courts to appoint subordinate
judicial officers, and sets forth their duties and titles.
(Gov. Code Sec. 71622.)
Existing law authorizes a trial court, upon the stipulation
of the litigating parties, to order a case tried by a
temporary judge who is a member of the State Bar, sworn and
empowered to act until final determination of the cause.
(Cal. Const., art. VI, Sec. 21.)
Existing law permits the conversion of as many as 162
subordinate judicial officer positions into judgeships in
eligible courts, not to exceed 16 conversions each fiscal
year, based on specified criteria developed by the Judicial
Council. (Gov. Code Sec. 69615.) Beginning in the 2008-09
fiscal year, such conversions may only take effect upon
formal notification to the Legislature and subsequent
ratification by the Legislature either in the annual Budget
Act or another legislative measure. (Id.)
This bill authorizes the Judicial Council annually to
convert, in eligible superior courts, up to 10 additional
subordinate judicial officer positions to judgeships, upon
vacancy, where the conversions will result in a judge being
assigned to a family or juvenile law assignment previously
presided over by an SJO. This bill specifies that the
additional conversions authorized by the bill are subject
to the same requirements as apply to conversions under
existing law.
This bill makes various findings emphasizing the unique
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nature of family and juvenile law matters, their
long-lasting impact on children, and the importance of
having judges who are accountable to the public presiding
over such matters. This bill states that it is the intent
of the Legislature to authorize these conversions in order
to expedite the timeline for ensuring that family and
juvenile law matters are presided over by judges.
Existing law requires the Judicial Council to report to the
Legislature and Governor by November 1 of every
even-numbered year on the factually determined need for new
judgeships in each superior court using specified uniform
criteria. (Gov. Code Sec. 69614.)
This bill requires the Judicial Council, on or before
November 30, 2011, to provide the Legislature a "special
assessment" of the need for new judgeships in the family
and juvenile law assignments for each superior court.
This bill requires the Judicial Council to biennially
report, beginning with its November 2012 "judicial needs"
report, on the implementation and effect of this bill's
family and juvenile law conversion provisions.
Background
Under existing law, the Legislature is responsible for
prescribing the number of judges and providing for the
officers and employees of each superior court. (Cal.
Const., art. VI, Sec. 4.) Existing law further permits the
Legislature to provide for, and the courts to appoint, SJOs
to assist the courts in carrying out their duties. (Id. at
Sec. 22; Gov. Code Sec. 71622.) According to the Judicial
Council, there are approximately 375 court commissioner
positions in the state's trial courts.
Responding to the shortage of judges available to handle
the trial courts' workload, the Legislature has considered
numerous bills over the last several years that would have
established 150 new judgeships and authorized the
conversion of up to 162 existing SJOs, limited to 16 per
fiscal year, to judgeships upon vacancy. Largely due to
the economic recession, however, just 50 new judgeships
have been authorized and funded by the Legislature and
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Governor. In contrast, the Legislature and Governor have
authorized the conversion of 16 SJOs to judgeships in each
of the last three fiscal years (07-08, 08-09, and 09-10).
The Judicial Council has tentatively approved conversions
for 14 more already-vacant positions or positions coming
vacant in 10-11. This is contingent on language in the
budget act being enacted.
Existing law permits litigants to stipulate to the use of
an attorney, appointed by the trial court, to serve as a
temporary judge to preside over their matter. According to
the Judicial Council, the current shortfall in available
judges has led to SJOs spending an average of 55 percent of
their time working as temporary judges, and in large
courts, the number approaches 75-80 percent.
This bill, which is nearly identical to last year's AB 942
(Assembly Judiciary Committee), which was held in Senate
Appropriations Committee, seeks to ensure that a greater
number of family and juvenile law cases are presided over
by judges, rather than SJOs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13
Fund
Up to 10 SJO conversions up to $310 up to $620
up to $930 General*
Reports to Legislature Minor and
absorbable
General*
*Trial Courts Trust Fund; annual cost pressure.
SUPPORT : (Verified 8/18/10)
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Assembly Judiciary Committee (source)
Executive Committee of the Family Law Section of the State
Bar
Judicial Council
ARGUMENTS IN SUPPORT : The author's office states this
bill seeks to improve the handling of family and juvenile
law cases by increasing the likelihood that these matters
are presided over by judges and not subordinate judicial
officers. 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Tom Berryhill, Hall, Audra Strickland,
Vacancy
RJG:do 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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