Bill Text: CA SB1190 | 2013-2014 | Regular Session | Amended
Bill Title: Courts: judgeships.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1190 Detail]
Download: California-2013-SB1190-Amended.html
BILL NUMBER: SB 1190 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2014
INTRODUCED BY Senator Jackson
FEBRUARY 20, 2014
An act to amend Sections 69104, 69614, and 69614.2 of, and to add
Section 69614.4 to, the Government Code, relating to courts, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1190, as amended, Jackson. Courts: judgeships.
(1) Existing law specifies the number of judges for the superior
court of each county and for each division of each district of the
court of appeal. Existing law provides that the Court of Appeal for
the Fourth Appellate District consists of 3 divisions. Existing law
requires that one of these divisions hold its regular sessions in the
San Bernadino/Riverside Bernardino/Riverside
area and further requires this division to have 7 judges.
This bill would increase the number of judges in the division of
the Fourth Appellate District of the Court of Appeal located in the
San Bernadino/Riverside Bernardino/Riverside
area to 9 judges. The bill would appropriate an
unspecified sum from the General Fund to the judicial branch for the
purpose of funding those additional appellate court judgeships and
accompanying staff, thereby making an appropriation.
(2) Existing law 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. 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 for allocation of judgeships. Existing
law authorizes 50 additional judges, upon appropriation by the
Legislature, to be allocated to the various county superior courts,
pursuant to uniform criteria approved by the Judicial Council.
This bill would appropriate an unspecified sum from the General
Fund to the judicial branch for the purpose of funding the cost of
those additional judgeships described above , thereby making an
appropriation . The bill would also authorize 50 additional
judges, upon appropriation by the Legislature in the annual Budget
Act of moneys expressly identified for the purpose of initially
funding the costs of additional new judges, to be allocated to the
various superior courts, pursuant to the uniform criteria approved by
the Judicial Council.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69104 of the Government Code is amended to
read:
69104. The Court of Appeal for the Fourth Appellate District
consists of three divisions. One division shall hold its regular
sessions at San Diego and shall have 10 judges. One division shall
hold its regular sessions in the San Bernardino/Riverside area and
shall have nine judges. One division shall hold its regular sessions
in Orange County and shall have eight judges.
SEC. 2. Section 69614 of the Government Code is amended to read:
69614. (a) Upon appropriation by the Legislature in the 2006-07
fiscal year, there shall be 50 additional judges allocated to the
various superior courts pursuant to the uniform criteria described in
subdivision (b) for determining the need for additional superior
court judges.
(b) The judges shall be allocated, in accordance with the uniform
standards for factually determining additional judicial need in each
county, as updated and approved by the Judicial Council,
pursuant county, as approved by the Judicial Council
in August 2001, and as modified and approved by the
Judicial Co uncil in August 2004 and December 2011,
pursuant to the Update of Judicial Needs Study, based on the
following criteria:
(1) Court filings data averaged over a period of three years.
(2) Workload standards that represent the average amount of time
of bench and nonbench work required to resolve each case type.
(3) A ranking methodology that provides consideration for courts
that have the greatest need relative to their current complement of
judicial officers.
(c) (1) The Judicial Council shall report to the Legislature and
the Governor on or before November 1 of every even-numbered year on
the factually determined need for new judgeships in each superior
court using the uniform criteria for allocation of judgeships
described in subdivision (b), as updated and applied to the average
of the prior three years' filings.
(2) On or before November 30, 2011, the Judicial Council shall
provide to the Legislature a special assessment of the need for new
judgeships in the family law and juvenile law assignments for each
superior court.
(3) The Judicial Council shall report, beginning with the report
due to the Legislature on November 1, 2012, on the implementation and
effect of subparagraph (C) of paragraph (1) of subdivision (c) of
Section 69615.
SEC. 3. Section 69614.2 of the Government Code is amended to read:
69614.2. Upon appropriation by the Legislature in the 2014-15
fiscal year, there shall be 50 additional judges allocated to the
various county superior courts, pursuant to the uniform criteria
described in subdivision (b) of Section 69614, as updated and
approved by the Judicial Council on January 17, 2013.
Council.
SEC. 4. Section 69614.4 is added to the Government Code, to read:
69614.4. Upon appropriation by the Legislature in the annual
Budget Act of moneys expressly identified for the purpose of this
section, there shall be 50 additional judges allocated to the various
superior courts pursuant to the uniform criteria described in
subdivision (b) of Section 69614, as updated and approved by the
Judicial Council on January 17, 2013.
Council. A judgeship shall not be created pursuant to this
section unless funding for that purpose is provided in the annual
Budget Act.
SEC. 5. The sum of ____ dollars ($____) is hereby appropriated
from the General Fund to the judicial branch for the purpose of
funding the cost of new judgeships and accompanying staff pursuant to
Section 69614.2.
SEC. 6. The sum of ____ dollars ($____) is hereby
appropriated from the General Fund to the judicial branch for the
purpose of funding the cost of new appellate court judgeships and
accompanying staff pursuant to Section 69104.
