BILL ANALYSIS �
AB 973
Page 1
ASSEMBLY THIRD READING
AB 973 (Campos)
As Amended May 27, 2011
Majority vote
JUDICIARY 7-2 APPROPRIATIONS 12-5
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|Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Fuentes, Blumenfield, |
| |Huber, Huffman, Monning, | |Bradford, Charles |
| |Wieckowski | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wagner, Jones |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Requires trial courts to provide notice and an opportunity
for comment before adopting their annual budgets. Specifically,
this bill requires:
1)A trial court that proposes to close any courtroom or close or
reduce hours of the clerks' office, in the required 60-day advance
written notice, to include how the public may provide written
comments on the court's closure or reduction plan. Requires the
court to review and consider all public comments received, but
does not obligate the court to provide responses to comments.
Requires the court, if its closure or reduction plan changes as a
result of the comments received, to immediately provide notice to
the public by posting the revised plan, as provided. Provides
that any change in the plan pursuant to the comments does not
require additional notification.
2)Each trial court, prior to adopting a budget plan for the fiscal
year, to provide the public with notice of, and an opportunity for
input on, the trial court's proposed budget. Requires that public
input be allowed by submission of written comments, and by holding
a public hearing, which must allow for public comment and must be
conducted in a reasonably accessible location for residents of the
county. Does not require the court to provide responses to
comments received. Allows the hearing to be conducted at the
county courthouse. Requires that at least 10 court days prior to
AB 973
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the public hearing, notice of the hearing be given, as provided.
Requires that, at least three court days prior to the public
hearing, the proposed budget be made available to the public, as
provided.
EXISTING LAW :
1)Allows the Judicial Council (JC), as part of its trial court
budget process, to seek input from the public as it deems
appropriate. Provides that the trial court budget process may
include, among other things: a) receipt of budget requests from
the trial courts; b) review of the trial courts' budget requests;
c) annual approval of a schedule for the allocation of moneys to
individual courts and an overall trial court budget; d)
reallocation of funds during the course of the fiscal year to
ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies; and,
e) establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category
to another in order to address needs.
2)Gives the JC the ultimate responsibility to adopt a budget and
allocate funding for the trial courts and perform the other
activities listed in 1), above, that best assure the trial courts'
ability to carry out their functions, promote implementation of
statewide policies, and promote the immediate implementation of
efficiencies and cost saving measures in court operations, in
order to guarantee equal access to the courts.
3)Requires trial courts to provide written notification to the
public not less than 60 days prior to closing any courtroom, or
closing or reducing the hours of clerks' office during regular
business hours. Requires the notification to include the scope of
the closure or reduction in hours, and the financial constraints
or other reasons that make the closure or reduction necessary.
4)Provides for the inspection and copying of judicial administrative
records, unless the records are exempt.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
the courts in every county will incur minor costs to hold public
hearings, with some courts in smaller or rural counties having to
lease facilities for this purpose. These costs will probably not
exceed $50,000 to $75,000 statewide.
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COMMENTS : This bill, sponsored by the American Federation of State,
County and Municipal Employees, requires each trial court to provide
the public with: 1) a draft of the trial court's annual budget;
and, 2) the opportunity for input into both the budget process and
any closure of courtrooms or reduction in the hours of the clerks'
office.
The author explains the need for the bill:
With the enactment of the Trial Court Funding Act of 1997,
the public lost the ability to provide input in the
administrative operation of the courts. Specifically,
with the removal of the Superior Courts from the
responsibility of the county, the administration of the
Superior Courts were exempted from the requirement to
conduct public meetings.
Neither the Legislature nor the Judicial Council of
California has the ultimate responsibility for the daily
operations of the trial courts and the services provided
to the public; that responsibility rests with each
Superior Court. However, the Superior Courts are not
required by either the Brown Act or the Bagly-Keene Open
Meeting Act to conduct public meetings, and Superior
Courts do not voluntarily do so. This bill simply
restores a mechanism of public accountability by requiring
the Superior Courts to conduct public meetings prior to
the adoption of their annual budget or any changes in
court services.
The American Federation of State, County and Municipal Employees
adds that this bill is necessary to "restore public oversight and
accountability to the California Superior Court system."
This bill requires each trial court, prior to adopting its annual
budget, to post copies of the proposed budget and to hold public
hearings on the budget. Courts would be required to accept public
comment both in writing and orally at the hearing. In addition,
courts would be required to provide the public with an opportunity
to comment on any proposal to close a courtroom or close or reduce
hours of the clerks' office. These requirements allow the public to
provide input on how trial courts, while coping with severe budget
constraints, can still seek to ensure access to justice.
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Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
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