Bill Text: CA AB942 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judgeships.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2009-08-27 - In committee: Held under submission. [AB942 Detail]

Download: California-2009-AB942-Amended.html

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BILL NUMBER: AB 942	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Brownley,
Evans, Jones, Krekorian, Lieu, and Monning)

                        FEBRUARY 26, 2009

    An act to amend Section 12955.5 of the Government Code,
relating to discrimination.   An act to amend Sections
69614 and 69615 of the Government Code, relating to courts. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 942, as amended, Committee on Judiciary. 
Discrimination: housing.   Judgeships.  
   (1) Existing law requires the Judicial Council to 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 specified uniform criteria
for the allocation of judgeships.  
   This bill would require the Judicial Council, on or before June
30, 2011, to 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.  
   (2) Existing law provides that 16 subordinate judicial officer
positions in eligible superior courts, as determined by the Judicial
Council, shall be converted to judgeships. Beginning in the 2008-09
fiscal year, existing law provides that, upon subsequent
authorization by the Legislature, 146 subordinate judicial officer
positions in eligible superior courts, as determined by the Judicial
Council, shall be converted to judgeships, upon the occurrence of
specified conditions, except that no more than 16 positions may be
converted to judgeships in any fiscal year.  
   This bill would provide, notwithstanding the above provisions,
that up to 10 additional subordinate judicial officer positions may
be converted to judgeships in any fiscal year. Each additional
position would be converted to a judgeship only if the conversions
will result in a judge being assigned to a family law or juvenile law
assignment previously presided over by a subordinate judicial
officer. The bill would require the Judicial Council to report, as
part of the above-described report due to the Legislature on November
1, 2012, on the implementation and effect of this provision. 

    Existing law, the California Fair Employment and Housing Act,
makes it unlawful to discriminate against an individual in any
housing accommodation on the basis of specified classifications, and
permits the Department of Fair Employment and Housing to engage in
affirmative actions to prevent and provide for effective remedies
against housing discrimination.  
   This bill would make technical nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    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  county  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 approved by the Judicial Council in August, 2001, and as
modified and approved by the Judicial Council in August, 2004,
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  calendar
 years' filings. 
   (2) On or before June 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, as part of 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. 2.   Section 69615 of the   Government
Code   is amended to read: 
   69615.  (a) It is the intent of the Legislature in enacting this
section to restore an appropriate balance between subordinate
judicial officers and judges in the trial courts by providing for the
conversion, as needed, of subordinate judicial officer positions to
judgeships in courts that assign subordinate judicial officers to act
as temporary judges. The Legislature finds that these positions must
be converted to judgeships in order to ensure that critical case
types, including family, probate, and juvenile law matters, can be
heard by judges. 
   (b) (1) The Legislature finds that because of the unique nature of
family and juvenile law matters, including the longlasting impact of
decisions in these cases, particularly on vulnerable children,
whenever possible, these cases should be presided over by judges, who
are accountable to the public.  
   (2) The Legislature also finds that a Judicial Council study
concluded that public trust and confidence in the courts is strongest
when the public believes that the decisionmaking processes used by
the court are fair and allow each litigant a reasonable opportunity
to be heard by the court. In order to improve the public perception
of procedural fairness in family law and juvenile law matters, it is
necessary that cases be heard by judges whenever possible.  

   (3) It is therefore the intent of the Legislature, in allowing the
conversion of up to 10 additional subordinate judicial officer
positions, as provided in subparagraph (C) of paragraph (1) of
subdivision (c), to expedite the timeline for ensuring that family
and juvenile law matters are presided over by judges.  
   (b) 
    (c)  (1) (A) Sixteen subordinate judicial officer
positions in eligible superior courts, as determined  and
approved  by the Judicial Council  on February 23, 2007,
 pursuant to uniform criteria for determining the need for
converting existing subordinate judicial officer positions to
superior court judgeships, shall be converted to judgeships as set
forth in paragraph (2).
   (B) Upon subsequent authorization by the Legislature, 146
subordinate judicial officer positions in eligible superior courts,
as determined by the Judicial Council pursuant to uniform criteria
for determining the need for converting existing subordinate judicial
officer positions to superior court judgeships, shall be converted
to judgeships as set forth in paragraphs (2) and (3), except that no
more than 16 subordinate judicial officer positions may be converted
in any fiscal year. 
   (C) Notwithstanding subparagraph (B), up to 10 additional
subordinate judicial officer positions may be converted to superior
court judgeships in any fiscal year. Each additional position may be
converted to a judgeship only if the conversion will result in a
judge being assigned to a family law or juvenile law assignment
previously presided over by a subordinate judicial officer. 
   (2) The positions for conversion shall be allocated each fiscal
year pursuant to uniform allocation standards to be developed by the
Judicial Council for factually determining the relative judicial need
for conversion of a subordinate judicial officer position that
becomes vacant to a superior court judgeship position.
   (3) Beginning in the 2008-09 fiscal year, a subordinate judicial
officer position shall be converted to a judgeship when all of the
following conditions are met:
   (A) A vacancy occurs in a subordinate judicial officer position in
an eligible superior court as determined by the uniform allocation
standards described in paragraph (2).
   (B) The Judicial Council files notice of the vacancies and
allocations with the Chairperson of the Senate Committee on Rules,
the Speaker of the Assembly, and the Chairpersons of the Senate and
Assembly Committees on Judiciary.
   (C) The proposed action is ratified by the Legislature, either in
the annual Budget Act or another legislative measure.
   (4) Section 12011.5 shall apply to an appointment to a superior
court judgeship converted from a subordinate judicial officer
position. 
   (c) 
    (d)  For purposes of this section, "subordinate judicial
officer" means an officer appointed under the authority of Section
22 of Article VI of the California Constitution. This section shall
not apply to a subordinate judicial officer position established by
Section 4251 of the Family Code. 
   (d) 
    (e)  It is the intent of the Legislature that no
subordinate judicial officer shall involuntarily lose his or her
position solely due to operation of this section. This section does
not change the employment relationship between subordinate judicial
officers and the trial courts established by law. 
   (e) 
    (f)  This section does not limit the authority of the
Governor to appoint a person to fill a vacancy pursuant to
subdivision (c) of Section 16 of Article VI of the California
Constitution. 
   (f) 
    (g)  This section does not entitle a court to an
increase in funding. 
   (g) 
    (h)  The operation of this section shall neither
increase nor decrease the number of judicial and subordinate judicial
officer positions and court support positions for which a county is
responsible by law. 
  SECTION 1.    Section 12955.5 of the Government
Code is amended to read:
   12955.5.  This part shall not preclude the government from
establishing programs to collect information relating to
discriminatory housing practices.