BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 1190 (Jackson) - Courts: judgeships.
Amended: April 29, 2014 Policy Vote: Judiciary 6-0
Urgency: No Mandate: No
Hearing Date: May 12, 2014 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 1190 would do the following:
Appropriate an unspecified sum (General Fund) in 2014-15
to the judicial branch to fund the cost of a previously
authorized set of 50 judges and accompanying staff.
Increase the number of appellate court justices in one
division of the Fourth Appellate District of the Court of
Appeal from seven to nine, and appropriate an unspecified
sum (General Fund) in 2014-15 to the judicial branch for the
cost of the two appellate court justices and accompanying
staff, as specified.
Authorize an additional 50 judges annually, upon
appropriation in the annual Budget Act, to be allocated to
the various superior courts, as specified.
Update the references to the uniform criteria used by the
Judicial Council to allocate the additional judges funded
and authorized in this measure.
Fiscal Impact:
50 trial court judges and complement of staff: $88.5
million (General Fund) first year; $51.3 million annually
thereafter.
2 appellate court justices and complement of staff: $4.1
million (General Fund) first year; $3.7 million annually
thereafter.
Annual authorization for 50 additional judges: potential
future costs upwards of $90 million annually for 50 judges,
cumulatively increasing to $450 million (General Fund) after
five years to the extent 250 judges are funded (when added
to the 50 previously authorized judges, a total of 300
judges, nearly the estimated need identified in the 2012
Judicial Needs Assessment). Actual costs would be dependent
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on salary, benefit, and retirement benefits at the time the
positions are funded.
Background: Existing law requires the Judicial Council to report
to the Legislature on or before November 1st of every
even-numbered year on the need for new judgeships in each
superior court (GC � 69614(c)(1)). In its most recent report,
The Need for New Judgeships in the Superior Courts: 2012 Update
of the Judicial Needs Assessment, the Judicial Council reports
that "the need for new judgeships in the superior courts is
substantial and continues to need to be addressed to ensure the
ability to provide access to justice."
The report indicates a statewide need for 2,286 judges based on
a weighted workload analysis, while the number of authorized
judgeships reflects a deficit of 264 positions (13 percent). Of
note, in comparison to the actual number of funded positions,
which is 314 due to the 50 positions authorized but unfunded,
the actual deficit is 314 positions, almost 16 percent below
actual need.
AB 159 (Jones) Chapter 722/2007 authorized the creation of 50
new judgeships to be filled pursuant to budget authorization
beginning May 2008. AB 159 also authorized the conversion of up
to 162 subordinate judicial officer (SJO) positions to judgeship
positions upon a voluntary vacancy of the SJO position, up to a
maximum of 16 conversions per fiscal year. To date, funding for
the 50 authorized judgeships has not been provided.
In an effort to help reduce strain on the courts and ensure
Californians' access to justice, this bill would fund the 50
judgeships previously authorized by AB 159, authorize 50
additional judgeships annually ongoing, and increase by two the
number of justices in the Fourth Appellate District of the Court
of Appeal located in the San Bernardino/Riverside area.
Proposed Law: This bill would do the following:
Appropriate an unspecified sum in 2014-15 from the General
Fund to the judicial branch for the purpose of funding a
previously authorized set of 50 judgeships (from AB 159
(Jones)) and accompanying staff, as specified.
Authorize 50 additional judges each year, upon appropriation
by the Legislature in the annual Budget Act, to be allocated
to the various superior courts, pursuant to the uniform
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criteria approved by the Judicial Council.
Increase the number of justices in one division of the
Fourth Appellate District of the Court of Appeal located in
the San Bernardino/Riverside area from seven justices to nine
justices, and would appropriate an unspecified sum in 2014-15
from the General Fund to the judicial branch for the purpose
of funding the new justices and accompanying staff, as
specified.
Update references to the uniform criteria used to allocate
the additional judges funded and authorized by this bill.
Prior Legislation: SB 405 (Corbett) Chapter 705/2011 ratified
the authority of the Judicial Council to convert 10 additional
subordinate judicial officer (SJO) positions in eligible
superior courts to judgeships in FY 2011-12, where the
conversion will result in a judge being assigned to a family law
or juvenile law assignment previously presided over by an SJO.
SB 377 (Corbett) 2009 would have, upon appropriation in the
Budget Act, established 50 new superior court judgeships. This
bill was held on the Suspense File of this Committee.
SB 1150 (Corbett) 2008 would have, upon appropriation,
established 50 new superior court judgeships in the 2009-10
fiscal year. This bill was held on the Suspense File of this
Committee.
AB 159 (Jones) Chapter 722/2007 authorized 50 additional
superior court judgeships and enacted additional reporting
requirements regarding the diversity of the applicant pool for
judgeships. This bill also authorized the conversion of up to
162 subordinate judicial officer (SJO positions to judgeship
positions upon a voluntary vacancy of the SJO position, up to a
maximum of 16 conversions per fiscal year.
SB 56 (Dunn) Chapter 390/2006 authorized 50 additional superior
court judgeships and required reporting on the diversity of
judges and the applicant pool for judgeships.
SB 1857 (Burton) Chapter 998/2000 created 20 new trial court
judgeships and 12 new appellate court judgeships.
AB 1818 (Baca) Chapter 263/1996 created 21 new trial court
judgeships and five new appellate court judgeships.
SB 1190 (Jackson)
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Staff Comments: Costs to fund 50 judgeships is based on an
annual salary and benefits cost of $196,000, the standard
complement of staff (equaling 6.1 staff positions per new
judgeship) of $500,000, and operating expenses and equipment
(OEE) costs of $1 million in the first-year and $285,500
ongoing. Total costs for 50 judgeships: $88.5 million
first-year, $51.3 million annually thereafter.
Costs to fund two additional appellate court justices is based
on an annual salary and benefits cost of $293,000, the standard
complement of staff of $1.2 million, and OEE costs of $0.5
million in the first year, and $300,000 ongoing. Total costs for
two justices: $4.1 million first-year, $3.7 million annually
thereafter.
Authorization of 50 additional judgeships annually subject to an
appropriation in the annual Budget Act could result in potential
future costs of upwards of $90 million for the initial 50
judges, with costs compounding as additional judges are funded
in subsequent years. After five years, 250 judges would cost at
least $450 million annually. Future costs would be dependent on
the salary, benefits, and other expenses at the time the
positions are funded.
Recommended amendments: As drafted, the provisions of this bill
inadvertently authorize an additional 50 judges each year upon
appropriation in the annual Budget Act. To reflect the intent of
the author to authorize an additional 50 judges in total, staff
recommends an amendment to specify a specific future fiscal year
in which to authorize the 50 judgeships.