Capitol Connection Spring 2010 Page 3 LEGISLATIVE REVIEW

Volume 12, Issue 1 Spring 2010

In this Issue CHIEF JUSTICE: LEGISLATURE MUST RESTORE Chief Justice: Legislature Must Restore Court Budgets; Bench and Bar COURT BUDGETS; BENCH AND BAR LEADERS Leaders Supportive……………...…...…..1 SUPPORTIVE Pérez Sworn In as New Assembly Speaker...... 1 n February 23, the State of the

Judicial Council–Sponsored Legislation O Judiciary address delivered by ………………………………………………….2 Chief Justice Ronald M. George

Legislative Review………...……….…….2 wrapped up a full month of outreach

Special Session Produces No activities that saw more than 60 judges, Changes to the Judicial bar association leaders, and legal Branch Budget……………………….…….4 services representatives completing

Speaker Announces Policy nearly 150 visits with legislators and Committee Changes………………….….5 staff members.

Norby Fills 72nd Assembly District………………………………….....10 Members of the Bench-Bar Coalition (BBC), California Access to Justice Legislative Calendar Chief Justice Ronald M. George and Associate Commission, and court delegations Justices of the Supreme Court enter the Assembly June 4 headed by presiding judges from Chamber for the State of the Judiciary address Last day for bills to be passed out of the throughout the state advanced priorities with Assembly Member Mike Feuer (l) and mem- house of origin. bers of the Senate and Assembly Joint Escort that the Chief Justice would emphasize Committee. (Photo courtesy of Russell Stiger/ June 15 in his speech: (1) the need to reopen Assembly) Budget must be passed by midnight. the state’s courthouses by restoring (Continued on page 6) Pérez Sworn In as New Assembly Speaker ssembly Member John A. Pérez (D-Los Angeles) was sworn in on A March 1, 2010, as the 68th Speaker of the California State As- sembly, replacing Assembly Member Karen Bass (D-Los Angeles) who leaves the Assembly this year due to term limits. California Supreme Court Associate Justice Carlos R. Moreno administered the oath of office in the Assembly chamber before a packed audience that included Governor Arnold Schwarzenegger, constitutional officers, and several former Assembly Speakers, including Los Angeles Mayor Anto- nio Villaraigosa, Pérez’s cousin.

Hon. Ronald M. George, Chief Justice of California, has met with Speaker Pérez to discuss judicial branch budget and legislative priori- Associate Justice of the Supreme Court Carlos R. Moreno and Assembly Speaker John Pérez certify ties. “I am impressed by the Speaker’s commitment to helping the the oath of office following the swearing in cere- branch arrive at effective solutions and I am looking forward to mony in the Assembly chambers. (Continued on page 7) Page 2 Spring 2010 JUDICIAL COUNCIL–SPONSORED LEGISLATION

n the second year of the 2009– will promote its use and increase media, or other technology. I 2010 Legislative Session, the the overall efficiency of the service Requires the Judicial Council to Judicial Council is carrying out its process. Status: Senate Appropria- adopt rules to establish the guide- legislative priorities by sponsoring tions Committee. For more informa- lines or standards for the creation, the following bills: tion, contact Daniel Pone at maintenance, reproduction, and [email protected] or 916-323- preservation of court records. CIVIL AND SMALL CLAIMS 3121. The amended statutes would not SB 1274 (Committee on Judici- apply to court reporters’ tran- ary), as amended March 23, COURT OPERATIONS scripts or electronic recordings 2010. Electronic service of proc- AB 1926 (Evans), as amended made as the official record of oral ess. March 18, 2010. Court records: proceedings. Status: Assembly Expressly authorizes service by preservation guidelines. Appropriations Committee. For electronic notification. Also au- Authorizes courts to create, main- more information, contact Tracy thorizes electronic service of all tain, and preserve records in any Kenny at [email protected] or types of documents and expands form or forms—including paper, 916-323-3121. the court’s ability to serve certain optical, electronic, magnetic, documents electronically, which micrographic, or photographic

LEGISLATIVE REVIEW he following is an update on AB 2271 (Silva), as amended March members. This bill is being used as a T selected bills of interest to the 17, 2010. Probate: appeals. placeholder for potential legislation courts from the second year of the Provides, among other things, that that may be needed following public 2009–2010 Legislative Session, as of when an appeal is being taken in comments on proposed rules of April 28, 2010. certain probate matters for the pur- court on expedited jury trials that pose of preventing injury or loss to a are currently out for public com- CIVIL AND SMALL CLAIMS person or property, the trial court ment. may appoint a temporary trustee to Status: In Senate AB 2119 (Tran), as exercise specified powers as if no JC Position: No position. introduced. Civil procedure: appeal were pending. deadlines: computation. Status: Senate Judiciary Committee SB 1038 (Harman), as amended Provides that where any law govern- JC Position: No position yet taken. April 26, 2010. Powers of attorney: ing civil procedure requires an act to duties. be performed no later than a speci- AB 2284 (Evans), as Provides, among other things, that fied number of days before a hearing introduced. Jury trial: rules of an attorney-in-fact who breaches a date, the last day to perform that act court. fiduciary duty can be charged with shall be determined by counting Authorizes the Judicial Council to interest for any loss or depreciation backward from the hearing date, adopt rules of court to establish pro- in value of the property of the prin- excluding the date of the hearing. cedures for conducting expedited cipal, any profit made through the Status: Senate Judiciary Committee jury trials in civil cases where the breach, or any profit that would JC Position: Support. parties stipulate that those rules and have accrued to the principal if the procedures shall apply, including loss or profit is a result of the

provision for a jury of fewer than 12 (Continued on page 3)

The Capitol Connection Spring 2010 Page 3 LEGISLATIVE REVIEW

(Continued from page 2) been passed. leads to the placement of as many breach. Allows the court, in its Status: Senate Floor, failed pas- mentally ill offenders who are vet- discretion, to excuse the attorney- sage. An identical measure, AB erans of the United States mili- in-fact if he or she acted reasona- 1699, has been introduced. tary, including those with post- bly and in good faith, or, if the JC Position: Oppose unless traumatic stress disorder, trau- attorney-in-fact acted in bad faith, amended. matic brain injury, military sexual he or she can be held liable for trauma, substance abuse, or any twice the value of the property CRIMINAL/TRAFFIC mental health problem stemming recovered. from military service, in commu- Status: Senate Judiciary AB 1847 (Furutani), as amended nity treatment as is feasible and Committee April 15, 2010. Restitution consistent with public safety. Au- JC Position: No position. orders. thorizes the veterans’ courts to Provides that with respect to cer- operate as a preguilty plea pro- SB 1041 (Harman), as tain DUI cases, the court in its gram, deferred entry of judgment introduced. Hearsay evidence: order to pay restitution may, program, or a postguilty plea pro- wills and revocable trusts. upon a request of the prosecuting gram where the defendant has Provides that evidence of a state- attorney or pursuant to its own entered a guilty plea or has been ment made by a declarant who is authority, order that the prosecut- sentenced and is on probation. unavailable as a witness that he or ing agency be given access to in- Status: Assembly Appropriations she has or has not established or formation regarding the defen- Committee revoked a revocable trust, or that dant’s assets and financial re- JC Position: No position yet identifies his or her revocable cords, and authority to carry out taken. trust, is not made inadmissible by wage garnishment or lien proce- the hearsay rule (similar to the dures applicable to the defendant, AB 2056 (Miller), as amended existing hearsay exception for including, but not limited to, a April 28, 2010. Criminal wills). writ of attachment of property. procedure: continuance: assault Status: Senate Judiciary Status: Assembly Public Safety with intent to commit rape. Committee Committee Adds cases involving the crime of JC Position: Support. JC Position: No position. assault with intent to commit rape to the list of types of cases COURT FACILITIES, AB 1925 (Salas), as amended that are categorically eligible for a EMPLOYEES, AND April 20, 2010. Diversion: good cause continuance in crimi- TECHNOLOGY veterans. nal proceedings when the prose- Authorizes superior courts to de- cuting attorney assigned to the AB 790 (Hernandez), as velop and implement veterans’ case has another trial, preliminary amended March 22, 2010. State courts for eligible veterans of the hearing, or motion to suppress in employee compensation. United States military with the progress in another case. Provides a mechanism to allow objective of, among other things, Status: Assembly Public Safety most state employees, not includ- creating a dedicated calendar or a Committee ing judicial branch employees, to locally developed collaborative JC Position: Oppose. receive their full pay and benefits court-supervised veterans mental when the state budget has not yet health program or system that (Continued on page 8)

*JC = Judicial Council.

The Capitol Connection Page 4 Spring 2010 Special Session Produces No Changes to the Judicial Branch Budget

he fiscal challenges facing the state of California matic and unallocated reductions. The Governor’s T continue to dominate the work of the Legisla- proposed budget for Fiscal Year 2010–2011 does not ture. In January, the Governor released his budget restore those losses, increasing the gap between the plan for the remainder of Fiscal Year 2009–2010 and cost of existing court workload and obligations, and the entirety of Fiscal Year 2010–2011. The budget state funding, as unfunded court costs continue to plan seeks to address a shortfall of $18.9 billion and grow. to provide the state with a $1 billion reserve, for a total of $19.9 billion in funding solutions. In addition, the Governor’s Budget proposes two fund shifts in state trial court funding that could re- The Governor’s package holds a mixture of good sult in $646.9 million in General Fund savings. news and bad news for the judicial branch. The good Each year, the Trial Court Trust Fund receives a news is the package would not result in a net spend- General Fund transfer to support statewide trial ing reduction for the branch when the enacted court operations. The Governor’s Budget proposes budget for FY 2009–2010 is compared with the pro- to replace, dollar-for-dollar, General Fund support posed budget for FY 2010–2011. The bad news, how- with revenue from local redevelopment agencies ever, is that the package includes risks that could have ($350 million), and his proposed Automated Speed a dramatic impact on the delivery of justice, as well as Enforcement (ASE) Program. However, it should be preserving the unsustainable cuts adopted in the noted that each of the fund shifts carries a risk that 2009–2010 budget. could result in less than projected General Fund savings, or a significant loss in state trial court funding. The budget shortfall for the judicial branch, and par- ticularly the trial courts, began with the enactment of The revision to the budget for FY 2009–2010, en- Budget Act for FY 2008–2009. Prior to FY 2008– acted in July 2009, included the redirection of $2.05 2009, state trial courts received an annual adjustment billion in revenue slated for Redevelopment Agen- based on the State Appropriations Limit (SAL) to ad- cies. The $2.05 billion was divided over two fiscal dress baseline increases, marginal workload increases, years: $1.7 billion in the current year and $350 mil- contractual obligations, and other court initiatives. lion in the budget year. Although, the current year The justification for the annual SAL adjustment was portion supports public education, the budget pro- to ensure “a predictable fiscal environment” in order poses to allocate the 2010–2011 budget year portion to guarantee a consistent level of access to justice. ($350 million) to the trial courts. The California However, to address the shortfalls in the state General Redevelopment Association has filed a lawsuit, chal- Fund, the FY 2008–2009 budget did not appropriate lenging the constitutionality of the proposed fund a full SAL adjustment. Instead, trial courts received shift. The case is pending in the Superior Court of an adjustment based on the Consumer Price Index, Sacramento County, which previously ruled in favor which yielded about half of the funding otherwise of the California Redevelopment Association in a promised by SAL. lawsuit with a similar fund shift.

The Budget Act of 2009, enacted in February 2009, The Governor’s Budget also includes a $296.9 mil- and its revision, enacted in July 2009, continued to lion fund shift related to the implementation of a reduce state funding for judicial branch operations. proposed ASE Program. The program would allow Aside from providing no SAL adjustment, the Budget cities and counties to install automated speed en- Act cut General Fund support for the judicial branch forcement systems, which are camera devices by $414 million, through a combination of program- (Continued on page 7)

The Capitol Connection Spring 2010 Page 5 Speaker Announces Policy Committee Changes; Republicans to Chair Local Government, Veterans Affairs ust over a week following his swearing-in ceremony, post of Majority Policy Leader, and Berkeley Assem- J Assembly Speaker John A. Pérez announced his bly Member Nancy Skinner (D-14) will chair the Democratic leadership team and new committee as- Rules Committee. signments. Pérez appointed Bay Area Assembly Mem- ber Fiona Ma (D-12) as Speaker pro Tempore while For the first time in recent history, Republican mem- retaining Compton Assembly Member Isadore Hall bers will serve as committee chairs under a Democ- III (D-52), appointed by former Speaker Karen Bass, ratic speaker. Santa Clarita Assembly Member Cam- as Assistant Speaker pro Tempore. Whittier Assembly eron Smyth (R-38) will chair the Local Government Member Charles Calderon (D-58) will serve as Major- Committee and Yucca Valley Assembly Member Paul ity Floor Leader, and Assembly Member Jerry Hill Cook (R-65) will chair the Veterans Affairs commit- (D-19), who represents portions of San Mateo County, tee. will serve as Democratic Caucus chair. Following are assignments for Assembly committees Pérez also appointed Los Angeles Assembly Member that typically hear judicial branch legislative and Mike Feuer (D-42), who will retain his chairmanship budget issues: of the Judiciary Committee, to the new leadership

APPROPRIATIONS BUDGET SUB No. 4 JUDICIARY PUBLIC SAFETY

Chair: Chair: Chair: Chair: Felipe Fuentes Warren Furutani Mike Feuer Tom Ammiano Vice chair: Vice chair: Vice chair: Vice chair: Connie Conway n/a Van Tran Curt Hagman Members: Members: Members: Members: Tom Ammiano Juan Arambula Julia Brownley Jim Beall Steven Bradford Julia Brownley Noreen Evans Danny Gilmore Charles Calderon Paul Cook Curt Hagman Jerry Hill Joe Coto Kevin Jeffries Dave Jones Anthony Portantino Mike Davis Steve Knight Nancy Skinner Kevin de León Ted Lieu Isadore Hall Bill Monning Diane Harkey Pedro Nava

Jeff Miller

Jim Nielsen Chris Norby

Nancy Skinner

Jose Solorio

Tom Torlakson

Alberto Torrico

The Capitol Connection Page 6 Spring 2010 CHIEF JUSTICE: LEGISLATURE MUST RESTORE COURT BUDGETS

(Continued from page 1) Jr., from San Diego and BBC cochair. “They know critical funding eliminated from the judicial branch that closing courthouses for even one day a month budget in 2009–10; (2) the critical importance of significantly affects their constituents’ access to preserving funding intended for the construction and justice, and that courthouses around the state are renovation of unsafe courthouses; (3) the need to crumbling and must be replaced. But at the same move forward with technology infrastructure projects time, they realize the magnitude of the state’s fiscal that will enhance public safety and provide public crisis and can’t promise us that the courts’ budget can access and accountability; and (4) the importance of be restored.” preserving and protecting the independence of the judicial branch and the constitutional role of the On Tuesday, February 16, seven members of the judiciary and the Judicial Council. California Commission on Access to Justice, chaired by Third District Court of Appeal Associate Justice In his 15th annual address to a joint session of the Ronald B. Robie, visited 14 legislative offices, adding Legislature, Chief Justice George acknowledged that a discussion of legal services and access to justice the judicial branch must participate in efforts to turn issues to the overall messages of support for restoring around the state’s funding crisis. “The unintended the judicial branch budget. The next day, the Hon. yet inevitable symbolism of ‘closed’ signs on our Mary Ann O’Malley, presiding judge of the Superior courthouses—institutions that embody our nation’s Court of Contra Costa County and chair of the most revered democratic ideals—is a graphic Judicial Council’s Trial Court Presiding Judges indication of the severity of California’s economic Advisory Committee, led a group of 30 presiding crisis,” George said. He went on to state that judges and other judicial leaders from around the although one-day-a-month court closures helped close state for 70 appointments with legislative leadership the short-term fiscal gap, “these statewide closures and members whose constituents are served by courts must not continue into the next fiscal year.” in judges’ respective counties.

The full text of Chief Justice George’s remarks can be "The day was productive and informative," Judge found on the California Courts’ Website at http:// O'Malley summarized. “The legislators heard the www.courtinfo.ca.gov/reference/soj022310.htm concerns of the presiding judges across the state regarding the budget, court closures and the need for In a departure from the BBC’s usual “Day in safe courthouses. In turn, the presiding judges Sacramento” event held in conjunction with the State learned of the tough choices the legislators must of the Judiciary address, BBC members spread their make. The judges stressed that the courts are visits throughout the month of February, traveling to committed to helping come up with solutions to the Capitol on successive Tuesdays and Wednesdays assist in the courts’ budget for this next fiscal year, to for constituent meetings with legislators from their which the legislators responded that they would be respective regions and with legislative leadership. open to any helpful ideas.” Most reported that they found legislators supportive, but not overly optimistic that the state’s fiscal Over the next several months, judicial branch condition would improve significantly in the near leadership will continue discussions with legislative term. leadership and the Governor’s administration. For more information about legislative and budget “Most legislators are keenly aware of the need to fully priorities, contact the Office of Governmental Affairs fund trial court operations,” said Thomas J. Warwick, at (916) 323-3121.

The Capitol Connection Spring 2010 Page 7 Pérez Sworn In as New Assembly Speaker

(Continued from page 1) working with him in his new role,” the Chief Justice In addition to naming job creation and solving the said. budget crisis as top priorities, Pérez also called for major reforms in how budget deliberations are conducted Pérez, a native of Los Angeles, was elected in 2008 to and decisions made, saying that the budget “will not represent the 46th Assembly District, which includes be written behind closed doors in Big 5 meetings”— the cities of Maywood, Vernon, Huntington Park and referring to meetings between the Governor, Speaker, portions of the city of Los Angeles. Prior to his elec- Senate President pro Tempore, and Republican lead- tion as Speaker, he served as the chair of the Democ- ers of the Assembly and Senate—and telling legislators ratic Caucus and served as a member of the appropria- that they, along with members of the public, will be tions, business and professions, and transportation given ample opportunity to participate in the process. committees. He also called for budget hearings and deliberations to be broadcast via the Internet and television where pos- In his acceptance remarks, Pérez vowed to foster a re- sible. newed spirit of bipartisanship and commitment. “Let me be clear, this is true for my Republican colleagues Pérez concluded his remarks by asking legislators to as well as for Democrats: I am your Speaker, too!” he help him during his Speakership to restore the public’s stated, just before announcing that he would appoint trust in the Legislature, saying “this is a huge chal- two Republicans to serve as committee chairs— lenge, a complex challenge, an historic challenge, but positions typically held by members of the majority we are equal to the task. So let’s roll up our sleeves party. “As we confront the enormous challenges fac- and get to work!” The full text of his remarks can be ing California in the coming year, that is exactly the found on his Website at: http://asmdc.org/speaker/. spirit of bipartisan cooperation and common purpose we need to embrace if we are to succeed.” Special Session Produces No Changes to the Judicial Branch Budget

(Continued from page 4) an appropriate law enforcement tool is outside equipped to capture photos of speeding vehicles. the constitutional purview of the Judicial Coun- Speeders would face a fine of $225 for up to 15 cil; miles/hour above the speed limit, and $325 for speed ● Successful implementation would require addi- in excess of 15 miles/hour above the posted speed tional funding for the trial courts to support a limit. The administration estimates that the state substantial increase in new ASE-generated work- would receive $337.9 million in revenue for the trial load; and courts: $41 million in new revenue to support trial ● The new revenue for court security is critically court security and $296.9 million in General Fund needed, as security continues to be underfunded. relief. At the conclusion of the Special Session, the Legisla- The Administrative Office of the Courts (AOC) pro- ture and Governor enacted $1.9 billion in solutions. vided the Legislature with oral testimony regarding None of the solutions will result in a current year re- the impacts of the ASE proposal on the trial courts. duction in funding for the judicial branch. However, The AOC’s testimony emphasized the following key the package will defer the $42 million March 2010 points: General Fund payment for non-payroll trial court ex- ● The policy issue of whether camera technology is penditures until April 2010.

The Capitol Connection Page 8 Spring 2010 LEGISLATIVE REVIEW

(Continued from page 3) judgment to the agency or depart- Status: Senate Public Safety ment that has issued the license or Committee AB 2068 (Hill), as amended April permit to the business. JC Position: No position yet taken. 15, 2010. Expungement Status: Assembly Appropriations standards. Committee SB 1162 (Walters), as amended Authorizes the court to dismiss the JC Position: No position. April 6, 2010. Vehicles: traffic accusatory pleading against a de- violator schools. fendant convicted of a misde- AB 2499 (Portantino), as amended Requires a clerk of the court to col- meanor and not granted proba- March 25, 2010. Traffic violator lect a nonrefundable fee of $2 from tion, if the court, in its discretion schools: regulation. a person permitted or ordered by Consolidates all traffic violator the court to attend traffic violator and in the interests of justice, de- school programs under the licensing instruction, retain $1 and transmit termines that the defendant authority of the Department of Mo- $1 of the fee to the Department of should be granted this relief. tor Vehicles. Motor Vehicles. Requires court- Status: Assembly Appropriations Status: Assembly Appropriations approved traffic violator schools to Committee Committee provide students and the court with JC Position: No position. JC Position: Support. proof of completion of the program.

Status: Senate Transportation and AB 2217 (Fuentes), as amended AB 2582 (Adams), as amended Housing Committee March 25, 2010. Jurors: electronic March 25, 2010. Infractions: JC Position: No position. communications. dismissal of charge. Requires the court, when admon- Authorizes the court in specified SB 1449 (Leno), as amended April ishing the jury against conversation circumstances or in the court’s dis- 5, 2010. Marijuana: possession. about the trial, to clearly explain, as cretion to set aside a guilty verdict Reclassifies from a misdemeanor to part of the admonishment, that the and dismiss the accusatory pleading an infraction possession of not prohibition on conversation ap- against a defendant who was con- more than 28.5 grams of mari- plies to all forms of electronic and victed of an infraction but not wireless communication. Requires juana. granted probation. the officer in charge of a jury to Status: Senate Floor Status: Assembly Public Safety prevent any form of electronic or JC Position: Support. Committee wireless communication. JC Position: No position. Status: In Senate SCA 27 (Harman), as

JC Position: Support as proposed introduced. Death penalty SB 1025 (Harman), as amended to be amended. appeals: transfer. April 8, 2010. Courts: California Authorizes the Supreme Court to Habeas Corpus Resource Center. AB 2471 (John A. Pérez), as transfer a case to a court of appeal Removes the limitation on the num- when a judgment of death has been amended April 27, 2010. Vehicles: ber of attorneys who may be em- identification cards and driver's pronounced and requires the Su- ployed by the California Habeas preme Court to review the result- licenses. Corpus Resource Center. Also re- Requires suspension of a business ing decision of the court of appeal quires the Supreme Court to de- license or permit for six months if a affirming or reversing that judg- velop necessary rules and proce- business is found guilty of unlawful ment. Provides that if the Supreme dures for initiating capital habeas possession of a fraudulently ob- Court concludes that the decision corpus proceedings in the superior tained identification card or contains no error affecting the court. driver’s license. Requires the clerk (Continued on page 9) of the court to issue an abstract of

The Capitol Connection Spring 2010 Page 9 LEGISLATIVE REVIEW

(Continued from page 8) FAMILY LAW any custody proceeding involving judgment, presents no need to se- an allegation of physical or sexual cure uniformity of decision, and AB 375 (Nielsen), as amended abuse against a child. does not require resolution of an June 1, 2009. Child custody: child Status: Senate Judiciary Committee important question of law, the Su- sexual abuse. JC Position: Oppose, as amended preme Court may summarily affirm Prohibits the use of ex parte pro- June 28, 2009. the judgment of the court of appeal ceedings to modify child custody in an order published in the offi- orders when there is a finding that JUDGES/JUDICIAL OFFICERS cial reports. If summary affirmance there has been an act of sexual is not appropriate, requires the Su- abuse or domestic violence against AB 2763 (Committee on preme Court to hold oral argument the child, and the court determines Judiciary), as amended March 25, and issue a decision in writing with that the act is of recent origin or 2010. Judgeships. reasons stated, addressing all or part of a continuing or escalating Requires the Judicial Council to part of the court of appeal’s deci- pattern, and that the person seek- prepare and submit to the Legisla- sion. ing custody is alleged to have com- ture a Judicial Needs Assessment Status: Senate Public Safety mitted a recent act of child sexual that revises the time study specifi- Committee abuse or domestic violence and is cally for family and juvenile law, JC Position: Support. seeking to gain greater access to the and thus re-evaluates the overall child. This prohibition does not judicial need. Authorizes the Judi- DOMESTIC VIOLENCE apply if there is a showing of imme- cial Council to convert up to an diate harm to the child or immedi- additional 10 subordinate judicial AB 1596 (Hayashi), as amended ate risk that the child will be re- officer positions (SJOs) to judge- March 23, 2010. Protective moved from the State of Califor- ships each year, upon vacancy, if orders: emergency protective nia. the conversion of these additional orders: enforcement priority: Status: Senate Judiciary Committee positions will result in a judge be- sexual assault. JC Position: No position. ing assigned to a family or juvenile Provides that when two or more law assignment previously presided protective orders issued pursuant AB 612 (Beall), as amended June over by a subordinate judicial offi- to the Code of Civil Procedure, the 28, 2009. Custody and visitation: cer. Family Code, the Penal Code, or nonscientific theories. Status: Assembly Appropriations the Welfare and Institutions Code Provides that unproven, nonscien- Committee involve at least one of the same tific theories, including, but not JC Position: Support. protected persons, and the same limited to, alienation theories are restrained person, and the orders not consistent with generally ac- are in conflict, then they are to be cepted clinical, forensic, scientific, enforced in the manner that pro- diagnostic, or medical standards. vides the greatest protection to the Prohibits a court from relying upon protected persons and the greatest an unproven, unscientific theory restrictions on the restrained per- and from accepting into evidence son. any finding provided by an expert Status: Assembly Appropriations witness or court appointed profes- Committee sional who has relied on an un- JC Position: Support. proven, nonscientific theory as a basis for that finding. Provides that the rules of evidence that apply in a criminal proceeding shall apply in

The Capitol Connection Page 10 Spring 2010 Norby Fills 72nd Assembly District Seat he California State Assembly priorities. T gained a new member when Re- publican Chris Norby was elected to fill Assembly Member Norby can be the 72nd Assembly District seat vacated reached at the State Capitol at (916) 319 by the resignation of Michael Duvall. -2072 or by email at Assemblymem- Norby won a special election held on [email protected]. January 12, 2010, with 62.72% of the vote defeating Democrat John MacMurray, who finished with 31.12% of the vote and Green Party candidate Editor-in-Chief Jane Rands who won 6.15% of the total Dia S. Poole 34,128 votes cast.

Contributors The 72nd Assembly District partially cov- Curt Child ers Orange County and includes the cit- June Clark ies of Anaheim, Brea, Fullerton, La Donna Hershkowitz Tracy Kenny Habra, Orange, Placentia, and Yorba Janus Norman Linda. An Orange County native, Daniel Pone Norby, the married father of four chil- Henry Sepulveda dren, resides in Fullerton—just a few blocks from his birthplace. He received Story Manager/Layout his undergraduate degree from Occiden- Katie Asher tal College and master’s degree from Assembly Member Chris Norby (R-72, Orange County) California State University, Fullerton. In other legislative news, the Assembly Prior to his election to the Legislature, 43rd District seat, formerly held by As- Subscribe Today! Norby served on the Orange County sembly Member Paul Krekorian, re- The Capitol Connection is Board of Supervisors for seven years, mains vacant. The seat will be filled delivered electronically each month to subscribers at no representing Fullerton, La Habra, Pla- after a run-off election on June 8, 2010, charge. To subscribe, contact centia, Buena Park, and Anaheim. His between businessman Sunder Ramani Katie Asher at [email protected], 1984–2002 term on the Fullerton City (R) and attorney Mike Gatto (D). The 916-323-3121 Council included three years as Mayor. seat, formerly held by Senator Abel

Maldonado (S-15), will be filled by a spe- Archives Looking for a past issue of Norby has been appointed to serve on cial election on August 17, 2010. The Capitol Connection? the Assembly Committees on Appro- Maldonado was sworn in as Lieutenant Find it online at www.courtinfo.ca.gov priations, Transportation, and Educa- Governor by Governor Arnold Schwar- /courtadmin/aoc/capconn.htm. tion. Local government fiscal reform zenegger on Tuesday, April 27, 2010. will be among his top legislative

News From the AOC

In addition to The Capitol Connection, the Administrative Office of the Courts produces several publications reporting on various aspects of court business. Visit these online on the California Courts Web site at www.courtinfo.ca.gov.

The Capitol Connection