BILL ANALYSIS �
AB 2745
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CONCURRENCE IN SENATE AMENDMENTS
AB 2745 (Judiciary Committee)
As Amended June 19, 2014
Majority vote
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|ASSEMBLY: |76-0 |(May 27, 2014) |SENATE: |33-0 |(August 19, |
| | | | | |2014) |
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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)Ratifies the authority of the Judicial Council to convert 10
subordinate judicial officer (SJO) positions to judgeships in
2014-15, provided the conversion of these positions will
result in judges being assigned to family or juvenile law
assignments previously presided over by a subordinate judicial
officer. Provides that this authority is in addition to the
existing authority provided to convert 16 SJOs to judges.
2)Requires newly authorized judges to be allocated according to
uniform standards and criteria, as updated by the Judicial
Council.
3)Allows the Judicial Council, by rule of court, to increase the
procedures for family centered case resolution set forth in
statute, but not reduce them.
The Senate amendments permit the Judicial Council to update the
judicial needs study and the judicial allocation criteria,
consistent with legislation directive.
EXISTING LAW :
1)Provides that the Legislature shall prescribe the number of
judges and provide for the officers and employees of each
superior court. Provides that the Legislature may provide for
the trial courts to appoint officers such as commissioners to
perform subordinate judicial duties.
2)Authorizes the courts to appoint subordinate judicial
officers, and sets forth their duties and titles.
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3)Authorizes the conversion of 16 SJO positions in eligible
superior courts to judgeships each fiscal year as specified.
Authorizes the Judicial Council to convert up to an additional
10 SJOs to judgeships each year, upon vacancy and subsequent
legislative authorization, if the conversion of these
additional positions will result in judges being assigned to
family or juvenile law assignments previously presided over by
subordinate judicial officers, but requires that such
authority be ratified by the Legislature by statutory
enactment.
4)Authorizes 50 additional judges to be allocated to the various
superior courts pursuant to uniform criteria adopted by the
Judicial Council, upon appropriation in the 2007-08 fiscal
year. Requires that the uniform criteria for determining
additional judicial need take into account the following: a)
court filings data averaged over a three-year period; b)
workload standards that represent the average amount of time
of bench and non-bench work required to resolve each case
type; and c) a ranking methodology that provides consideration
for courts that have the greatest need relative to their
current complement of judicial officers.
5)Allows a court in a dissolution proceeding to order a family
centered case resolution plan, even in the absence of a
stipulation by the parties. Clarifies that family centered
case resolution does not provide the court with any additional
authority to appoint an expert, beyond that permitted under
other provisions of law. Directs Judicial Council, by January
1, 2012, to adopt a rule of court to implement family centered
case resolution. But also allows Judicial Council, by rule,
to modify the case resolution procedures.
FISCAL EFFECT : According to the Senate Appropriations
Committee, annual costs of up to $300,000 (General Fund) for the
conversion of 10 SJOs to judgeships, based on the salary and
benefit differential of the two positions. The Judicial Council
has indicated these costs will be funded through the
reallocation of funds in the Trial Court Trust Fund, and unknown
fiscal impact due to potential future increases in procedures
for family centered case resolution authorized to be implemented
by court rule.
COMMENTS : This bill makes two non-controversial changes to
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family law. First, as required by statute, the bill ratifies
the Judicial Council's authority to convert 10 SJOs to
judgeships in the next year, provided those judges replace SJOs
in family or juvenile law cases. This provision seeks to
improve family and juvenile law cases by increasing the
likelihood that these matters are presided over by judges and
not subordinate judicial officers. Second, it makes a technical
change to family centered case resolution law to ensure that the
existing law, passed by the Legislature in 2010, is followed.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0004752