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 in- cluded 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.