Public Safety Committee
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Volume 8, Issue 4 July—August 2006 In this Issue OVERNOR SIGNS ON TIME BUDGET Governor signs budget 1 G - New Law Workshops to be 1 he Legislature adjourned for Summer by the Judicial Council. The council will Recess on July 7 after passing its first continue to pursue authorization in SB 56 Held in November T on-time state budget in six years. On June to convert up to 161 subordinate judicial 2 Judicial Council-Sponsored 30, the Governor signed the fiscal year officer positions to judgeships over a several- Legislation 2006-07 budget. The following highlights year period. Legislative Review 3 the important funding provided to the Primary Election Results 4 judicial branch. The Judicial Council will Judicial Salaries: Effective January 1, 2007, there will be an 8.5 percent increase in Primary Election Results 8 convene on August 25, 2006, to allocate the budget for FY 2006–2007 and to consider judges’ base salary. Legislative Veteran Joins 12 other budget issues including judicial the AOC branch budget requests for FY 2007–2008. State Appropriations Limit (SAL) Funding: For Legislative FY 2006–2007, the trial courts’ budget will increase by $113 million based on SAL. Calendar New Trial Court Judgeship Positions: Funding for the last month of the upcoming fiscal This represents the second year that the trial August 7 year of $5.45 million was approved to courts’ base budgets have been increased by Legislature reconvenes support the establishment of 50 judgeship an adjustment based on the year-to-year August 21—31 positions and support staff. While the change in the state appropriations limit. Floor session — no committees Included in this amount is an expansion of August 25 funding for the judgeships is approved, SB Last day to amend bills on Floor 56, introduced by Senator Joe Dunn last SAL to additional areas of trial court August 31 year, needs to be approved in order to funding: Equal Access Fund, the Last day for each house to pass authorize the first 50 positions designated (Continued on page 9) bills NEW LAWS WORKSHOPS TO BE HELD IN NOVEMBER he Coalition of Trial Court Clerks’ Association T (CTCCA) and the Administrative Office of the Courts W WEDNESDAY, NOVEMBER 8 (AOC) are once again jointly hosting the annual Implemen- Administrative Office of the Courts Judicial Council Conference Center tation of New Laws Workshop (INLAWS) in November O 455 Golden Gate Avenue 2006. The workshop generated a great deal of interest last San Francisco, California 94102 year, involving 270 attendees – court managers, supervisors R and clerks – from 50 counties. THURSDAY, NOVEMBER 9 K Tsakopoulos Library Galleria 828 I Street The workshop will be held as three one-day workshops in Sacramento, California 95814 each of the three trial court regions on the dates and at the S locations shown in the box at the right. TUESDAY, NOVEMBER 14 H Administrative Office of the Courts The workshops are a forum for reviewing key legislative pro- Southern Regional Office O 2255 North Ontario Street, Suite 200 visions enacted by the Legislature in 2006 affecting court Burbank, California 91504 procedures and operations. The majority of these new laws P must be implemented by January 1, 2007. Participants have 10:00 AM – 3:00 PM (Continued on page 9) S Page 2 July-August 2006 UPDATE ON JUDICIAL COUNCIL-SPONSORED LEGISLATION New Judgeships/SJO Conversions Court Facilities Bond information on AB 2129, contact Tracy Kenny at [email protected]. Senate Bill 56 (Dunn), which pro- Senate Bill 395 (Escutia), which states poses the creation of new judgeships the intent of the Legislature to enact Miscellaneous Court Operations and the conversion of certain eligible the California Court Facilities Bond subordinate judicial officers, is cur- Act of 2006 to acquire, rehabilitate, AB 2303 (Assembly Judiciary Com- rently is being held in the Assembly construct, and finance court facilities, mittee) – Civil omnibus: Court Appropriations Committee. The bill passed the Senate on June 1, 2005. Opearations: The Judicial Council does not currently specify the num- The bill was amended to omit the sponsors the following provisions of ber of positions to be added, how- amount of the proposed bond. this omnibus bill: Clarifies the proce- ever, it is proposed to be amended to dures governing a change of name; (1) add 150 new judgeships – 50 each If approved by the Legislature and makes service times for elder abuse year for three consecutive years, and the Governor, the bond would be protective orders consistent with (2) allow for the conversion of 161 placed on the ballot in an upcoming other protective orders; authorizes Subordinate Judicial Officer (SJO) statewide election. The bill is being courts to receive notice to appear positions to judgeships as positions held in the Assembly Appropriations citations for non-parking Vehicle eligible for conversion become va- Committee. For more information on SB Code violations electronically if the cant. Although the proposed judge- 395, contact Eraina Ortega at court has the ability to receive the ships will not meet all of the assessed [email protected]. information and reproduce it in a needs, they will begin the process of printed form; and makes permanent Judges’ Retirement increasing access to justice in commu- existing statutory authority for courts nities with the most critical needs. SB 1187 (Ackerman), Judges' Retire- to impose modest monetary sanctions The first 50 new judgeships are pro- ment System II, as introduced on upon jurors who fail to respond to a posed to take effect in April 2007. January 19, 2006, permits a judge in jury summons. The bill also includes Funding of $5.450 million for the the Judges' Retirement System II language seeking to help direct the last month of the year in which the who leaves judicial office after five or allocation of self-help funding state- first 50 judges would be appointed is more years of service and is not eligi- wide and within local courts to cover included in the FY 2006-07 state ble to retire to elect to receive the all civil case types. The JC proposed budget. For details, see “California’s amount in his or her retirement ac- alternative language and is working Legislature Recesses” on page 1 of this count as an annuity. For more informa- with the author to help meet our mu- tual goals of expanding and improv- issue. tion on SB 1187, contact June Clark at ing the delivery of self-help services. [email protected]. Although judgeship bills are often Status: Senate. For more information on viewed in partisan terms, SB 56 is a Protective Orders AB 2129, contact Tracy Kenny at bi-partisan effort. Support for new [email protected]. judgeships is building as legislators AB 2129 (Spitzer) – Firearms Relin- and key legislative staff become in- quishment: Protective Orders: Re- Check the status of other bills in creasingly aware of the critical need quires that any firearms in the posses- which the Judicial Council has taken throughout the state. Recent news sion of a person subject to a protec- a position at the following link: articles and editorials have also tive order issued by a criminal court, http://www.courtinfo.ca.gov/reference/docu drawn attention to the impact that or for civil harassment, workplace ments/stat_06.pdf. the severe shortage of judges has on violence, or elder and dependent access to justice for all Californians. adult abuse be relinquished within For more information on SB 56, contact 24 hours of the order being served on Eraina Ortega at the restrained person. Status: Senate [email protected]. Public Safety Committee. For more The Capitol Connection July-August 2006 Page 3 LEGISLATIVE REVIEW he following is an update of the second year of the against the Registrar of the Contractors State License T 2005-2006 legislative session on selected bills of Board as the defendant guarantor holding a contractor’s interest to the courts. cash deposit if the amount of the demand does not exceed $7,500. CIVIL Status: In Assembly for concurrence with Senate AB 2129 (Spitzer), as amended June 21, 2006. Firearms amendments. relinquishment; protective orders. JC Position: Support. Requires that any firearms in the possession of a person AB 2618 (Berg), as amended June 5, 2006. Small claims subject to a protective order issued by a criminal court, or court: actions. for civil harassment, workplace violence, or elder and Conforms various statutes to the recently enacted dependent adult abuse be relinquished within 24 hours increase in the jurisdictional limits of small claims court. of the order being served on the restrained person. Specifically, this bill adds cross-references to Code of Requires that proof of relinquishment be filed with the Civil Procedure section 116.221 (which increased the court within 48 hours of service. jurisdiction from $5,000 to $7,500 for actions brought by Status: Senate Third Reading. natural persons) in various codes. JC Position: Sponsor. Status: Senate Judiciary. AB 2303 (Judiciary Committee), as amended June 22, JC Position: Support. 2006. Judiciary: omnibus. COURT FACILITIES The Judicial Council sponsors the following provisions of this omnibus bill: Clarifies the procedures governing a SB 1163 (Ackerman), as introduced January 10, 2006. change of name; makes service times for elder abuse California Critical Infrastructure Facilities Bond Acts of protective orders consistent with other protective orders; 2006 and 2010. authorizes courts to receive notice to appear citations for Enacts the California Critical Infrastructure Facilities non-parking Vehicle Code violations electronically if the Bond Acts of 2006 and 2010. The Act authorizes the court has the ability to receive the information and issuance of bonds in the amount of $1.227 billion, $800 reproduce it in a printed form; and makes permanent million of which is for courts, and the submission of the existing statutory authority for courts to impose modest bond act to the voters at an unspecified election.