BILL ANALYSIS �
AB 973
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 973 (Campos)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |51-24|(June 1, 2011) |SENATE: |32-2 |(August 31, |
| | | | | |2011) |
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Original Committee Reference: JUD.
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 or for any
other reason, 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, until January 1, 2017, 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, or 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 the public hearing, notice of the hearing be given,
as provided. Requires that, at least three court days prior
to either the public hearing or, if no hearing is held,
adoption of the plan, the proposed budget be made available to
the public, as provided.
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The Senate amendments require courts to allow for input under 2)
above by either submission of written comments or public
hearing, but not both, and add a January 1, 2017, sunset to that
provision.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
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FISCAL EFFECT : Unknown
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
Bagley-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 allow
for public input through public hearings on the budget or
allowing for submission of written comments. 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
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how trial courts, while coping with severe budget constraints,
can still seek to ensure access to justice.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN:
0002393