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

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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

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BILL NUMBER: AB 1313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Donnelly
    (   Principal coauthor:   Assembly Member
  Brown   ) 
    (   Coauthors:   Assembly Members 
 Fox,   Grove,   Hagman,   Harkey,
  Jones,   Linder,   Morrell,  
Olsen,   and Wagner   ) 
    (   Coauthors:  Senators  
Emmerson   and Knight   ) 

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1313, as amended, Donnelly. 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.
   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     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   this  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.   county. 
   (d) It shall be a top priority for the Judicial Council to fulfill
the requirements of this section.