Bill Text: CA AB1313 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Judgeships: allocation.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1313 Detail]

Download: California-2013-AB1313-Amended.html
BILL NUMBER: AB 1313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 22, 2013

   An act to  amend Section 77003 of   add
Section 69614.5 to  the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1313, as amended, Donnelly.  Trial court funding.
  Judgeships: allocation.  
   Existing law specifies the number of judges of the superior court
for each county, and allocates additional judgeships to the various
counties in accordance with uniform standards for factually
determining additional need in each county, as approved by the
Judicial Council, and other specified criteria. Existing law requires
the Judicial Council to report biennially to the Legislature and the
Governor on the factually determined need for new judgeships in each
superior court, using that uniform criteria.  
   This bill would require the Judicial Council, upon the
availability of funding, to allocate 12 additional judges each fiscal
year to those counties in which the current judicial position
allocations are disproportionate to the Judicial Council's
recommendation of assessed judicial need.  
   Existing law establishes the Trial Court Trust Fund, the proceeds
of which are required to be apportioned for authorized purposes,
including apportionment to the trial courts to fund trial court
operations. Existing law, for the purpose of funding trial court
operations, authorizes the Judicial Council to establish bank
accounts for the superior courts, into which shall be deposited all
moneys appropriated in the Budget Act and allocated or reallocated to
each court by the Judicial Council, moneys held in trust, and other
moneys as deemed necessary or appropriate. "Court operations" is
defined for these purposes.  
   This bill would make technical, nonsubstantive changes to the
provisions defining court operations. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The judicial branch is a constitutionally guaranteed function
of government.  
   (b) The greatest need for judicial positions can be found in
moderate-to-large courts in the Inland Empire and Central Valley
where historic underfunding and rapid population growth have
outstripped judicial resources.  
   (c) This is not just an isolated occurrence as many other counties
throughout the state also suffer from a lack of funding and
positions.  
   (d) The lack of access to the courts creates, particularly with
respect to business and commercial litigation, which must take
secondary consideration to criminal and public safety matters, a
backlog of cases and the overall disuse of the justice system. 

   (e) A disparate lack of adequate judicial representation
exemplifies a real harm to the public's safety, victims of crime, and
witnesses as well. 
   SEC. 2.    Section 69614.5 is added to the  
Government Code   , to read:  
   69614.5.  (a) Upon the availability of funding, the Judicial
Council shall allocate up to 12 additional judges each fiscal year to
those counties in which the current judicial position allocations
are disproportionate to the Judicial Council's recommendation of
assessed judicial need.
   (b) Allocation of judicial positions shall be made first to those
counties with the greatest disparity between their current judicial
position allocations and the Judicial Council's recommendation of
assessed judicial need.
   (c) This section shall apply until the ratio of judges to
population in an individual county reaches 90 percent of the Judicial
Council's recommendation of assessed judicial need for that country.

   (d) It shall be a top priority for the Judicial Council to fulfill
the requirements of this section.  
  SECTION 1.    Section 77003 of the Government Code
is amended to read:
   77003.  (a) As used in this chapter, "court operations" means all
of the following:
   (1) Salaries, benefits, and public agency retirement contributions
for superior court judges and for subordinate judicial officers.
   (A) For purposes of this paragraph, the term "subordinate judicial
officers" includes both of the following:
   (i) All commissioner or referee positions created prior to July 1,
1997, including positions created in the municipal court prior to
July 1, 1997, which thereafter became positions in the superior court
as a result of unification of the municipal and superior courts in a
county, and including those commissioner positions created pursuant
to former Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794,
74841.5, and 74908.
   (ii) Any staff who provide direct support to commissioners.
   (B) "Subordinate judicial officers" does not include commissioners
or staff who provide direct support to the commissioners whose
positions were created after July 1, 1997, unless approved by the
Judicial Council, subject to the availability of funding.
   (2) The salary, benefits, and public agency retirement
contributions for other court staff.
   (3) Court security, but only to the extent consistent with court
responsibilities under Article 8.5 (commencing with Section 69920) of
Chapter 5.
   (4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
   (5) Services and supplies relating to court operations.
   (6) Collective bargaining under Sections 71630 and 71639.3 with
respect to court employees.
   (7) Subject to paragraph (1) of subdivision (d) of Section 77212,
actual indirect costs for county and city and county general services
attributable to court operations, but specifically excluding, but
not limited to, law library operations conducted by a trust pursuant
to statute, courthouse construction, district attorney services,
probation services, indigent criminal defense, grand jury expenses
and operations, and pretrial release services.
   (8) Except as provided in subdivision (b), and subject to Article
8.5 (commencing with Section 69920) of Chapter 5, other matters
listed as court operations in Rule 10.810 of the California Rules of
Court, as it read on January 1, 2007.
   (b) However, "court operations" does not include collection
enhancements as defined in Rule 10.810 of the California Rules of
Court, as it read on January 1, 2007. 
          
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