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Volume 12, Issue 2 Fall 2010 Election Edition In this Issue Judicial Branch Prepares for Leadership Change; Judicial Branch Leadership Change….1 .Judicial Branch Budget......................1 Chief Justice-elect Looks Forward to the Challenge Judicial Council-Sponsored Legisla- n January 2, 2011, Californians tion……………………………………………..2 will witness the transition of O Legislative Review…….……………………3 leadership in the nation’s largest Bench-Bar Coalition Fall 2010 Meet- judicial system. Chief Justice Ronald M. ing………………………….…………............6 George, who over the last 14 years has Judicial Administration Fellowship…..8 led the judicial branch through Chief Justice-elect, Legislators Take landmark reforms, will retire as Chief Oath in Capitol Ceremonies………...10 Justice of California and Chair of the Major Changes in Traffic Violator Judicial Council, the policymaking body School Administration……….…………11 for the courts. Stepping in on January End-of-Year Legislative Statistics…….15 3 will be Associate Justice Tani Cantil- Chief Justice-elect Tani Cantil-Sakauye accepts congratulations from Governor Arnold Schwarzenegger (center) and Chief Justice November 2010 Election Coverage..16 Sakauye of the Court of Appeal, Third Ronald M. George (left) at the August State Capitol press confer- ence announcing her nomination. (Photo courtesy of Office of New Laws Workshops………………….20 Appellate District who was elected to Governor Schwarzenegger). the post on November 2, 2010. The Legislative Calendar Sacramento native becomes the 28th “Chief Justice George has given many December 6, 2010 Chief Justice, the second woman and years of dedicated service to the people 2011-12 Regular Session convenes. the first Filipina-American to hold the of California and we wish him a well- January 1, 2011 office. Both George and Cantil-Sakauye deserved and what will probably not be New statutes take effect. are known as outstanding jurists. a very restful retirement,” said Curt January 3, 2011 (Continued on page 4) Gubernatorial Inauguration FY 2010–2011 Budget Enacted in October he judicial branch budget was approved as part of courts, in collaboration with the Governor, the Legisla- T the budget passed by the Legislature and signed ture, and justice system partners, worked to avoid the by the Governor on Friday, October 8, 2010. The state court closures that occurred last year through increased budget that was enacted is an $87.5 billion spending court user fees and fund shifts to offset the loss of Gen- plan that included $6.8 billion in reductions, $5.4 bil- eral Fund. lion in assumed federal funding, $3.3 billion in reve- nue actions (including $1.4 billion in higher assumed To implement the revenue assumptions in the Budget baseline state revenues), and $2.7 billion in one-time Act, the Legislature enacted several budget trailer bills. loans, transfers, and funding shifts. The judiciary budget trailer bill assists the courts in dealing with the budget reductions and continuing to The judicial branch saw reductions in general fund provide services to the public by raising various fees, support, though not as extensive as those contained in fines, and penalties to support trial court operations the previous year’s budget. The final approved State (See SB 857, Stats. 2010, ch. 720). These include: Budget contains $3.9 billion for the judicial branch, ● one-year increase in the court security fee on $1.6 billion of which is from the General Fund. The (Continued on page 5) Page 2 Fall 2010 JUDICIAL COUNCIL–SPONSORED LEGISLATION n the second year of the 2009– vices; and (3) adjusts, from April enforcement priority: sexual I 2010 Legislative Session, the 1, 2010, to April 1, 2013, the date assault. Judicial Council carried out its on which the Judicial Council is Makes numerous revisions to stat- legislative priorities by sponsoring required to submit the first report utes concerning protective orders the following bills: to the Legislature regarding in- issued for civil harassment, do- creased dollar amounts for home- mestic violence, elder and depend- CIVIL stead exemptions. Status: Signed ent adult abuse, and workplace into law. The legislation takes ef- violence, in order to promote pro- SB 1274 (Committee on Judici- fect on January 1, 2011. For more cedural consistency between and ary; Stats. 2010, ch. 156). Elec- information, contact Daniel Pone at among the relevant statutes. Status: Signed into law. The leg- tronic service of process. [email protected] or 916-323- islation takes effect on January Expressly authorizes service by 3121. 1, 2011, but is operative January electronic notification. Also au- thorizes electronic service of all COURT RECORDS 1, 2012. For more information, types of documents and expands contact Tracy Kenny at the courts’ ability to serve certain AB 1926 (Evans; Stats. 2010, ch. [email protected] or 916-323- documents electronically, which 167). Court records: preservation 3121. will promote the use of electronic guidelines. service and increase the overall Authorizes courts to create, main- JUVENILE DEPENDENCY efficiency of the service process. tain, and preserve records in any Status: Signed into law. The legis- form or forms—including paper, AB 12 (Beall and Bass; Stats. lation takes effect on January 1, optical, electronic, magnetic, 2010, ch. 559). California Foster- 2011. For more information, contact micrographic, or photographic ing Connections to Success Act. Daniel Pone at media, or other technology. Re- Implements federal foster care re- [email protected] or 916-323- quires the Judicial Council to form legislation to provide for fed- 3121. adopt rules to establish the guide- erally subsidized relative guardian- lines or standards for the creation, ships and extend foster care juris- COURT OPERATIONS maintenance, reproduction, and diction to age 21. Reenacts the preservation of court records. The existing state-funded Kinship AB 2767 (Committee on Judici- amended statutes would not apply Guardianship Assistance Program ary; Stats. 2010, ch. 212). Civil to court reporters’ transcripts or (Kin-GAP) to conform to federal law: omnibus bill. electronic recordings made as the requirements and allow for federal Among other things, (1) clarifies official record of oral proceedings. financial participation in the pro- that parties, their attorneys, and Status: Signed into law. The legis- gram. Creates a process for con- agents of attorneys may obtain lation takes effect on January 1, verting eligible existing state- copies of confidential paternity 2011. For more information, contact funded Kin-GAP cases to the files, in addition to inspecting newly established federally funded Tracy Kenny at such files; (2) clarifies the disposi- Kin-GAP, with the goals of mini- [email protected] or 916-323- tion of unclaimed victim restitu- mal disruption to the guardian tion money held by the superior 3121. and child and no interruption in court for three years or more by DOMESTIC VIOLENCE assistance payments. Provides that directing the court to deposit such a child in foster care on his or her funds into either the State Restitu- AB 1596 (Hayashi; Stats. 2010, 18th birthday may remain in care tion Fund or into the county gen- ch. 572). Protective orders: (Continued on page 3) eral fund to be used for victim ser- emergency protective orders: The Capitol Connection Fall 2010 Page 3 JUDICIAL COUNCIL–SPONSORED LEGISLATION (Continued from page 2) dated regularly. Requires the AB 1341 (Lowenthal, Bonnie; as a nonminor dependent up to court, when terminating jurisdic- Stats. 2010, ch. 442). Property age 21. Phases in this expansion tion over a delinquent ward who taxation: possessory interests: beginning January 1, 2012, to is in a foster care placement or Long Beach Courthouse. reach eligible youth up to age 19; who was a dependent child re- Provides that no possessory inter- January 1, 2013, for youth up to moved from his or her parents at est arises for a nongovernmental age 20; and (contingent upon an the time he or she was adjudicated entity that delivers the new Long appropriation by the Legislature) a delinquent ward, to set a hearing Beach Courthouse if certain crite- January 1, 2014, for eligible youth under Welfare and Institutions ria are satisfied. Makes clear that up to age 21. To be eligible, youth Code section 241.1 if the court the courthouse shall be public must meet one or more of the fol- finds that the child appears to property and exempt from tax that lowing criteria: (1) be completing come within the description of would attach if a private entity secondary education or an equiva- Welfare and Institutions Code were deemed as having a posses- lent credential; (2) be enrolled in a section 300 because of abuse or sory interest in public property. postsecondary or vocational educa- neglect and cannot be returned Status: Signed into law. The legis- tion institution; (3) be participat- home safely. Status: Signed into lation takes effect on January 1, ing in a program designed to pro- law. The legislation takes effect on 2011. For more information, contact mote or remove barriers to em- January 1, 2011. For more informa- Curtis Child at [email protected] ployment; (4) be employed for at tion, contact Tracy Kenny at or 916-323-3121. least 80 hours per month; or (5) [email protected] or 916-323- be incapable of doing any of the 3121. above due to a medical condition, with that incapability supported by TRIAL COURT FACILITIES case plan information that is up- LEGISLATIVE REVIEW he following is an update on JC Position: Support. 674). Jury trial: rules of court. T selected bills of interest from Establishes the Expedited Jury Trials the second year of the 2009–2010 AB 2119 (Tran; Stats. 2010, ch. 41). Act, which would be operative until Legislative Session. Civil procedure: deadlines: compu- January 1, 2016. Among other tation. things, defines an expedited jury trial CIVIL Provides that where any law govern- as a binding jury trial before a re- ing civil procedure requires an act to duced jury panel and judicial officer.