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1998 Trial Court Funding Legislative Update

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1998 Trial Court Funding Legislative Update 1998 TRIAL COURT FUNDING LEGISLATIVE UPDATE The Administrative Office of the Court’s commentary incorporates statutory changes made during the 1997–1998 legislative session related to the Trial Court Funding Act of 1997 (AB 233) (Stats. 1997, ch. 850). The following 1998 legislative bills are included in the commentary: Bill Chapter Effective Date AB 92 764 January 1, 1999 AB 1301 146 July 13, 1998 AB 1590 406 August 26, 1998 AB 1935 1004 January 1, 1999 AB 2788 1017 September 30, 1998 SB 1520 1003 January 1, 1999 Also included are relevant portions of the state Budget Act of 1998, effective August 21, 1998, and the Legislative Analyst’s Supplemental Report on the Budget. (AB 1656; Stats. 1998, ch. 324.) Changes in law between the Trial Court Funding Act of 1997 and the 1997–1998 legislation are indicated in the left column, with additions underlined and deletions in strikethrough. Commentary to the Trial Court Funding Act of 1997 has been retained in the right column where the original commentary remains accurate. Commentary to the 1998 legislation is indicated in bold. This commentary is for informational purposes only and does not constitute and should not be relied upon as legal advice. The information in this manual is believed to be accurate at the time of publication. Legal requirements applicable to trial court funding may change periodically and such changes may impact, alter, or nullify some or all of the information provided in this manual. This commentary is the work of the Administrative Office of the Courts, and not the Judicial Council. CODE SECTION COMMENTARY CODE OF CIVIL PROCEDURE Fees: Small Claims Filings 116.230. (a) A fee of twenty dollars ($20) · Increases small claims fees from $15 to shall be charged and collected for the filing of a $20 for a party filing 12 or fewer claim if the number of claims previously filed by the party in each court within the previous 12 claims in 12 months, and from $30 to months is 12 or less; and a fee of thirty-five $35 for additional claims. dollars ($35) shall be collected for the filing of any additional claims. (b) A fee to cover the actual cost of court service by mail, adjusted upward to the nearest dollar, shall be charged and collected for each defendant to whom the court clerk mails a copy of the claim under Section 116.340. (c) The number of claims filed by a party during the previous 12 months shall be determined by a declaration by the party stating the number of claims so filed and submitted to the clerk with the current claim. (d) Five dollars ($5) of the fees authorized in · Requires transfer of the $5 increase in subdivision (a) shall be deposited upon collection the small claims filing fee to a special in the special account in the county treasury established pursuant to subdivision (b) of Section county account, for deposit in the Trial 68085 of the Government Code, and transmitted Court Trust Fund. The remainder of the therefrom monthly to the Controller for deposit in fee will continue to be deposited in the the Trial Court Trust Fund. county general fund. 631.3. Notwithstanding any other provision of Fees: Jury law, when a party to the litigation has deposited · Deletes the requirement that jury fees jury fees with the judge or clerk and the case is be refunded within three years and, settled or a continuance is granted on motion of the party depositing said the jury fees, none of instead, requires a party to request said the deposit shall be refunded if the court finds refund of jury fees within 20 days of there has been insufficient time to notify the jurors settlement, dismissal, or continuance that the trial would not proceed at the time set. If of action. said the jury fees so deposited are not refunded for · Provides that jury fees not refunded the reasons herein specified, or if a refund of jury are transmitted to the Trial Court fees deposited with the judge or clerk have not been refunded within three years after the action Trust Fund rather than deposited in was dismissed or a final judgment rendered the county general fund. therein because the depositor cannot be found, said fees shall revert to the county and be deposited in the general fund of the county has not been requested, in writing, by the depositing party within 20 business days from the date on which the action is settled, dismissed, or a continuance thereof granted, the fees shall be transmitted to the 2 This commentary is for informational purposes only and does not constitute and should not be relied upon as legal advice. CODE SECTION COMMENTARY Controller for deposit into the Trial Court Trust Fund. All jury fees and mileage fees that may accrue by reason of a juror serving on more than one case in the same day shall revert to the county and be deposited in the general fund of the county be transmitted to the Controller for deposit into the Trial Court Trust Fund. FAMILY CODE Family Law Trust Fund 1852. (a) There is in the State Treasury the · Establishes the Family Law Trust Fund Family Law Trust Fund. (FLTF) to be administered by the (b) Moneys collected by the state pursuant to subdivision (c) of Section 10605 of the Health and Judicial Council to support family law– Safety Code, subdivision (a) of Section 26832 of related activities. Provides that funds the Government Code, and grants, gifts, or devises collected for copies of marriage and made to the state from private sources to be used marriage dissolution records will be for the purposes of this part shall be deposited into deposited into the FLTF. Prior to AB the Family Law Trust Fund. 233, these funds were deposited in the state General Fund. (c) Moneys deposited in the Family Law Trust · Allows interest to accrue to the fund. Fund shall be placed in an interest bearing account. Any interest earned shall accrue to the fund and shall be disbursed pursuant to subdivision (d). (d) Money deposited in the Family Law Trust Fund shall be disbursed for purposes specified in this part and for other family law related activities. (e) Moneys deposited in the Family Law Trust · Indicates the Judicial Council will Fund shall be administered by the Judicial administer moneys in the Family Law Council. The Judicial Council may, with appropriate guidelines, delegate the administration Trust Fund or, with appropriate of the fund to the Administrative Office of the guidelines, may delegate Courts. administration to the Administrative Office of the Courts. (f) Any moneys in the Family Law Trust Fund · Provides that funds unencumbered at that are unencumbered at the end of the fiscal year the end of a fiscal year will be “rolled are automatically appropriated to the Family Law Trust Fund of the following year. over” for expenditure in subsequent fiscal years. (g) In order to defray the costs of collection of · Provides that the county may retain up these funds, pursuant to this section, the local to 10 percent of the amounts collected, registrar, county clerk, or county recorder may retain a percentage of the funds collected, not to to defray collection costs. 3 This commentary is for informational purposes only and does not constitute and should not be relied upon as legal advice. CODE SECTION COMMENTARY exceed 10 percent of the fee payable to the state pursuant to subdivision (c) of Section 10605 of the Health and Safety Code. GOVERNMENT CODE Fee, Fine, and Forfeiture Report 24353. Each officer of a county or judicial · Counties and courts must make fee, district authorized to collect money shall pay into fine, and forfeiture payments to the the county treasury all money collected by him or county treasury “in a timely manner.” her, or under his or her control, that is payable into the treasury in the form and at the time a timely · Requires the county and the court to manner, and shall remit fee, fine, and forfeiture report data to the county auditor and data within 35 days after the end of the month in treasurer on all fees, fines, and which they are collected to the county auditor and forfeitures collected. Reports must be treasurer in the form they require. No officer who made within 35 days after the end of collects money as described in this section shall be the month in which collected. required to accept payment in coin. If the county auditor finds that an officer of the county or an · Subjects the courts to the same penalty officer of the court has failed to comply with the as the county for failure to make requirements for payment of moneys pursuant to timely payments. this section or Section 68101, which directly · (See also Gov. Code, § 68085(i).) results in the assessment of a financial penalty pursuant to Section 68085, the county department or local court that failed to comply shall reimburse the judicial district county general fund in an amount equal to the actual penalty. With the approval of the treasurer as provided in Section 27080.1, each depositing officer may deposit directly into the treasurer’s active account all money payable into the county treasury. Fees: First Paper Filing in Superior Court Civil Actions 26820.4. The total fee for filing of the first · Increases the first paper filing fee in paper in a civil action or proceeding in the superior court civil actions or superior court, except an adoption proceeding, shall be one hundred eighty-five dollars ($185).
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