BILL ANALYSIS
SB 1181
Page 1
SENATE THIRD READING
SB 1181 (Cedillo)
As Amended August 2, 2010
Majority vote
SENATE VOTE :35-0
JUDICIARY 10-0 APPROPRIATIONS 17-0
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|Ayes:|Feuer, Tran, Brownley, |Ayes:|Fuentes, Conway, |
| |Evans, Hagman, Jones, | |Bradford, |
| |Knight, Monning, Nava, | |Huffman, Coto, Davis, De |
| |Huffman | |Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Temporarily reauthorizes and revises the Transcript
Reimbursement Fund (TRF) for very low-income parties in court
who are unable to afford transcript services. Specifically,
this bill :
1)Extends the sunset on the TRF and the accompanying provisions
to January 1, 2013.
2)Permits a person appearing pro se at any stage of the case to
apply to receive funds from the TRF subject to a limit of
$1,500 per case and not to exceed $30,000 annually for all
cases.
3)Requires pro se applicants to refund reimbursements if they
prevail in the action or lose their court fee waiver because
they are found not to be indigent.
4)Requires the Court Reporters Board (Board) to report to the
Legislature regarding expenditures and claims paid.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, extended annual expenditure, for two years, of about
$330,000 from the TRF, assuming an additional $30,000 in
reimbursements to pro se litigants. Administrative costs for
the Board to process additional costs and to report to the
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Legislature should be minor and absorbable.
COMMENTS : The author explains the bill as follows:
The Transcript Reimbursement Fund (TRF) was
established by the legislature in 1981 and is
funded through the Certified Shorthand Reporters
annual license renewal fees. The purpose of the
TRF is to provide court transcripts and
depositions at little or no cost to non-profit
legal service centers and pro bono attorneys on
behalf of indigent litigants in civil cases. This
Fund is to sunset by January 1, 2011. Since this
is a valued program serving the indigent community
it is vital for the court process to have an
extension of the program.
According to the Court Reporters Board,
approximately a quarter of all TRF claims are
denied because they are submitted by a litigant
who represents himself/herself in a lawsuit (known
as in pro per litigants) rather than have an
attorney. Many of these clients have obtained a
fee waiver for their cases and often assume that
it applies to transcript costs as well. These
people are unable to afford the costs of
transcripts and often time forego their efforts to
pursue civil litigation or defend themselves in an
action. Typical cases involving requests for TRF
assistance, in addition to those who represent
themselves, include: dissolution of
marriage/custody issues, evictions, unlawful
terminations, and probate disputes. These
litigants could be helped with the use of
underutilized funds from the TRF to be expanded to
include individuals representing themselves.
In addition, current law does not allow TRF funds
to be used for the reimbursement of instant visual
display reporting rates for court reporters
providing such services to counsel. Instant
visual display reporting is a near instant text
delivery of court proceedings and did not exist at
the time the law was written. Allowing the
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reimbursement for instant visual display services
would ensure speedy and efficient transcripts to
litigants.
Authorization for the TRF currently sunsets on January 1, 2011,
along with the sunset of the Board itself. As indicated by the
author, without TRF, there would be fewer resources available to
indigent litigants to obtain transcripts that permit them to
evaluate and prepare for their case. In addition, without a
court transcript, indigent litigants are unable to bring an
appeal, which has serious access implications for the
administration of justice. Extending the sunset for the TRF
would help to ensure that indigent litigants continue to be able
to access this pool of funds.
The Board makes available at least $300,000 each year for the
TRF. Based on data provided by the Board, in the nearly 30
years since TRF's inception in 1981, the amounts expended on an
annual basis has ranged from a high in 1993-94 of $417,778 to a
low in 2002-03 of $146,649. In the 10 years between 1986-87 and
1995-96, expenditures exceeded the $300,000 budget on nine
occasions. However, since 1996-97, expenditures have not
exceeded $272,000.
Under existing law, an "applicant," or certified shorthand
reporter in a case handled by an applicant, may apply for
reimbursement from TRF for the allowable charges for preparing
an original transcript, a copy of the transcript, or both if
appropriate, of court or deposition proceedings for litigation
conducted in California.
An applicant includes a "qualified legal services project," a
"qualified support center," "other qualified project," or "pro
bono attorney," as those terms are defined, which generally
includes those non-profit organizations, attorneys, law firms,
or legal corporations providing legal services to an indigent
person. In addition, the case may not be a fee generating case,
which is generally defined as a case that, if undertaken by an
attorney in private practice, may reasonably be expected to
result in payment of a fee from an award to a client, from
public funds, or from an opposing party. Because of concerns
that the huge volume of unrepresented parties could overwhelm
the fund, these provisions have historically exclude persons
appearing pro se to represent themselves at any stage of the
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case.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0006023