BILL ANALYSIS
AB 2763
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CONCURRENCE IN SENATE AMENDMENTS
AB 2763 (Judiciary Committee)
As Amended August 18, 2010
Majority vote
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|ASSEMBLY: |76-0 |(June 1, 2010) |SENATE: |23-9 |(August 20, |
| | | | | |2010) |
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Original Committee Reference: JUD.
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 and subsequent legislative
authorization, 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.
The Senate amendments clarify that the conversions which occur
under this legislation are subject to subsequent legislative
authorization.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
AB 2763
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FISCAL EFFECT : According to the Senate Appropriations
Committee, by allowing up to 10 new conversions, this bill could
result in new annual state costs of up to $310,000 each year,
since the JC has indicated that this $310,000 cost could be
absorbed within existing resources of the Trial Courts Trust
Fund. Requires JC to submit specified reports to the
Legislature. This workload will be minor and absorbable within
existing JC staff and resources.
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 JC, 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 JC 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 JC 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
JC'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 JC's Elkins Family Law
Task Force, the bill will permit the JC to convert the
additional 10 positions if and only if the conversion results in
AB 2763
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a judge being assigned to a family or juvenile law assignment
that was previously presided over by an SJO, and only upon
subsequent authorization by the Legislature. The bill does not
impact the JC'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: 0006333