text:
(a) The Judicial Council and the Supreme Court shall adopt, by rule of court, binding and mandatory competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings, and they shall reevaluate the standards as needed to ensure that they meet the criteria in subdivision (b).

(b) In establishing and reevaluating the standards, the Judicial Council and the Supreme Court shall consider the qualifications needed to achieve competent representation, the need to avoid unduly restricting the available pool of attorneys so as to provide timely appointment, and the standards needed to qualify for Chapter 154 of Title 28 of the United States Code. Experience requirements shall not be limited to defense experience.

history: (History: Amended November 8, 2016, by initiative Proposition 66, Sec. 18.)


kind: section

code: GOV

text:
(a) The Supreme Court may compensate counsel representing indigent defendants in automatic appeals arising out of a judgment of death or for state postconviction proceedings in those cases, at a rate of at least one hundred twenty-five dollars ($125) per allowable hour, as defined by the court’s Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants. However, nothing in this section is intended to prohibit the hiring of counsel under a flat-fee arrangement.

(b) The Supreme Court may set a guideline limitation on investigative and other expenses allowable for counsel to adequately investigate and present collateral claims of up to fifty thousand dollars ($50,000) without an order to show cause.

(c) It is the intent of the Legislature that payments to appointed counsel be made within 60 days of submission of a billing.

history: (History: Amended by Stats. 2007, Ch. 738, Sec. 21. Effective January 1, 2008.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 2.3. California Habeas Corpus Resource Center


text: As used in this chapter, “commission” means the Commission on Judicial Performance provided for in Section 8 of Article VI of the Constitution, “masters” means special masters appointed by the Supreme Court pursuant to rules adopted by the Judicial Council, and “judge” means a judge who is the subject of an investigation or proceeding under Section 18 of Article VI of the Constitution.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 81.)

chapter: 2.5. Commission on Judicial Performance

article: 1. General Provisions

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 2.5. Commission on Judicial Performance > 1. General Provisions


text: In order to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judicial system, the commission shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.

history: (History: Added by Stats. 2021, Ch. 79, Sec. 9. (AB 143) Effective July 16, 2021.)

title: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS

article: 1. General Provisions


text: Notwithstanding Section 68701, the Commission on Judicial Performance may investigate the conduct or performance of any retired judge serving on senior judge status pursuant to rules adopted by the Judicial Council. The commission also shall have the power to order a retired judge’s senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges’ Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judge’s office from which the retired judge retired.

history: (History: Amended by Stats. 2021, Ch. 79, Sec. 10. (AB 143) Effective July 16, 2021.)

article: 1. General Provisions


text: The commission may employ such officers, assistants, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred upon the commission and upon the masters, may arrange for and compensate medical and other experts and reporters, may arrange for attendance of witnesses, including witnesses not subject to subpena, and may pay from funds available to it all expenses reasonably necessary for effectuating the purposes of Section 8 and Section 18 of Article VI of the Constitution, whether or not specifically enumerated herein. The Attorney General shall, if requested by the commission, act as its counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time when it deems such employment necessary.

history: (History: Amended by Stats. 1967, Ch. 17.)

article: 1. General Provisions


text: Each member of the commission and each master shall be allowed their necessary expenses for travel, board, and lodging incurred in the performance of their duties.

history: (History: Amended by Stats. 2021, Ch. 79, Sec. 11. (AB 143) Effective July 16, 2021.)

article: 1. General Provisions


text: No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairperson.

history: (History: Amended by Stats. 2021, Ch. 79, Sec. 12. (AB 143) Effective July 16, 2021.)

article: 1. General Provisions


text: State and local public bodies and departments, officers and employees thereof, and officials and attaches of the courts of this State shall co-operate with and give reasonable assistance and information to the commission and any authorized representative thereof, in connection with any investigations or proceedings within the jurisdiction of the commission.

history: (History: Added by Stats. 1961, Ch. 564.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 2.5. Commission on Judicial Performance > 2. Co-operation of Public Officers and Agencies


text: It shall be the duty of the sheriffs and marshals in the several counties, upon request of the commission or its authorized representative, to serve process and execute all lawful orders of the commission.

history: (History: Amended by Stats. 1996, Ch. 872, Sec. 69. Effective January 1, 1997.)

article: 2. Co-operation of Public Officers and Agencies


text:
In the conduct of investigations and formal proceedings, the commission or the masters may (a) administer oaths; (b) order and otherwise provide for the inspection of books and records; and (c) issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony relevant to any such investigation or formal proceeding.

The power to administer oaths, to issue subpoenas, or to make orders for or concerning the inspection of books and records may be exercised by a member of the commission or a master, unless the commission shall otherwise determine.

article: 3. Investigations and Hearings

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 2.5. Commission on Judicial Performance > 3. Investigations and Hearings


text: In any investigation or formal proceeding in any part of the State, the process extends to all parts of the State. A person is not obliged to attend as a witness in any investigation or proceeding under this chapter unless the person is a resident within the state at the time of service.

history: (History: Amended by Stats. 1981, Ch. 792, Sec. 1.)

article: 3. Investigations and Hearings


text: If any person refuses to attend or testify or produce any writings or things required by any subpoena, the commission or the masters may petition the superior court for the county in which the hearing is pending for an order compelling the person to attend and testify or produce the writings or things required by the subpoena before the commission or the masters. The court shall order the person to appear before it at a specified time and place and then and there show cause why the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon the person. If it appears to the court that the subpoena was regularly issued, the court shall order the person to appear before the commission or the masters at the time and place fixed in the order and testify or produce the required writings or things. Upon failure to obey the order, the person shall be dealt with as for contempt of court.

history: (History: Amended by Stats. 2021, Ch. 79, Sec. 13. (AB 143) Effective July 16, 2021.)

article: 3. Investigations and Hearings


text: In any pending investigation or formal proceeding, the commission or the masters may order the deposition of a person residing within or without the state to be taken in such form and subject to such limitations as may be prescribed in the order. If the judge and counsel for the commission do not stipulate as to the manner of taking the deposition, either the judge or counsel may file in the superior court a petition entitled “In the Matter of Proceeding of Commission on Judicial Performance No. ________ (state number),” and stating generally, without identifying the judge, the nature of the pending matter, the name and residence of the person whose testimony is desired, and, directions, if any, of the commission or masters, asking that an order be made requiring that person to appear and testify before a designated officer. Upon the filing of the petition, the court may make an order requiring that person to appear and testify. A subpoena for the deposition shall be issued by the clerk and the deposition shall be taken and returned, in the manner prescribed by law for depositions in civil actions. If the deposition is that of a person residing or present within this state, the petition shall be filed in the superior court of the county in which the person resides or is present; otherwise in the superior court of any county in which the commission maintains an office.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 82.)

article: 3. Investigations and Hearings


text: Each witness, other than an officer or employee of the state or a political subdivision or an officer or employee of a court of the state, shall receive for their attendance the same fees and all witnesses shall receive the same mileage allowed by law to a witness in civil cases. The amounts shall be paid by the commission from funds appropriated for the use of the commission.

history: (History: Amended by Stats. 2021, Ch. 79, Sec. 14. (AB 143) Effective July 16, 2021.)

article: 3. Investigations and Hearings


text: No award of costs shall be made in any proceeding before the commission, masters, or Supreme Court.

article: 3. Investigations and Hearings


text:
(a) Notwithstanding any other law, the commission shall be given access, on an ex parte basis, to all nonpublic records of court proceedings, including confidential sealed records and transcripts, relevant to the performance of any judge, former judge, or subordinate judicial officer (hereafter, collectively, judicial officer) within the commission’s jurisdiction under Sections 18 and 18.1 of Article VI of the Constitution. The commission shall make a written request to the court in which the proceedings occurred. The court shall file the request under seal. Access to the requested records shall be provided within 15 days of the written request.

(b) (1) If the commission or the judicial officer who is the subject of the commission’s investigation or proceeding intends to publicly disclose any nonpublic records or information obtained pursuant to subdivision (a), the commission or judicial officer shall petition the court that granted access to the records or another court that has jurisdiction, for authorization to disclose. The petition, filed under seal, shall identify the records or information to be disclosed and the reason for disclosure. To the extent that it does not unduly lessen the evidentiary value of the records or otherwise defeat the purpose of disclosure, the petitioner shall redact from the records names and other identifying information.

(2) The court shall grant the petition if it determines that there is good cause for disclosure. The court may issue protective orders, including further redaction of names or other identifying information, to the extent that they do not unduly lessen the evidentiary value of the records or otherwise defeat the purpose of disclosure. Within 15 days after the filing of a petition, the court may order the petitioner to give notice of the intended disclosure to any person who may be adversely affected by the disclosure. Any person who has been provided notice pursuant to this section may, within 20 days of service of the notice, file an objection to the intended disclosure with the court and serve the objection on the petitioner.

(3) The court shall grant or deny the petition in whole or in part, stating its reasons therefore, within 15 days of a timely objection, or the expiration of time for filing an objection if no objection is filed, or within 15 days of the filing of the petition for which no notice is required.

(c) Access to, and disclosure of, records under this section shall not be limited by any court order sealing those records.

(d) Persons entitled to file an objection to the intended disclosure shall not include the judge, former judge, or subordinate judicial officer who is the subject of the commission’s investigation or disciplinary proceedings, unless the judge, former judge, or subordinate judicial officer was a party or parent, guardian, or conservator of a party in the underlying action. A request or petition filed under this section shall not be considered or ruled on by a judicial officer who is the subject of the commission’s investigation or disciplinary proceedings related to the requested information.

history: (History: Amended by Stats. 2021, Ch. 79, Sec. 15. (AB 143) Effective July 16, 2021.)

article: 3. Investigations and Hearings


text: The Committee to Review the Operations and Structure of the Commission on Judicial Performance is hereby created in state government.

history: (History: Added by Stats. 2021, Ch. 79, Sec. 16. (AB 143) Effective July 16, 2021.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 2.5. Commission on Judicial Performance > 4. Committee to Review the Operations and Structure of the Commission on Judicial Performance


text:
(a) The committee shall consist of 15 members who are the following:

(1) The director of the commission.

(2) The chair of the commission.

(3) A current or former public member of the commission.

(4) The legal adviser to the commission.

(5) Two public members appointed by the Senate Committee on Rules.

(6) Two public members appointed by the Speaker of the Assembly.

(7) Seven members appointed by the Governor.

(A) Two active judges, one of whom shall be a justice of a court of appeal.

(B) Three members of the public.

(C) One director of a judicial conduct commission from another state that is similar in population to the State of California.

(D) One law professor or other person who is recognized as an expert in judicial ethics, who may be an active or retired attorney or judge.

(b) The committee shall appoint a chairperson and establish any subcommittees and operating rules it deems appropriate.

(c) For purposes of this section, the following terms have the following meanings:

(1) “Attorney” means a person who is an active licensee and has been admitted to the State Bar of California for at least 10 years.

(2) “Member of the public” means a person who is not a judicial officer or former judicial officer, has never been a licensee of the State Bar or admitted to practice before any court in the United States, and who complies with the provisions of Section 450 of the Business and Professions Code.

article: 4. Committee to Review the Operations and Structure of the Commission on Judicial Performance


text:
The committee shall study and make recommendations for changes in the operations and structure of the commission that would improve the commission’s ability to carry out its mission to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judiciary.

(a) As part of its study pursuant to this section, the committee shall, at a minimum, do all of the following:

(1) Review and consider the following:

(A) All findings and recommendations of the California State Auditor in Audit 2016-137.

(B) The existing structure and operations of the commission.

(C) The existing structures and operations of judicial discipline commissions of other states that are similar in population to the State of California.

(2) Hold at least two hearings to accept comments from the public about possible changes in the operations and structure of the commission that would improve the commission’s ability to carry out its mission to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judiciary.

(A) Hold at least one hearing, prior to the committee completing its study or formulating its tentative recommendations pursuant to this section, to allow the committee to accept the public’s suggestions for possible changes in the operations and structure of the commission.

(B) Hold at least one hearing, after completing its study and formulating its tentative recommendations for possible changes in the operations and structure of the commission but prior to completing its study pursuant to subdivision (b), to allow the committee to accept the public’s comments about its tentative recommendations. The committee shall provide the public with notice of its tentative recommendations in advance of the hearing by, among other methods, providing a copy of the tentative recommendations to any person who provides contact information to the committee and either requests to be notified of the committee’s tentative recommendations, or provides written suggestions for possible changes in the operations and structure of the commission pursuant to subparagraph (A), and transmitting the tentative recommendations to the commission in a time period that allows the commission to post the tentative recommendations on its internet website at least 10 calendar days prior to the hearing.

(C) The public meetings described in this subparagraph shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(3) Study and make recommendations whether any of the following should be changed in order to improve the commission’s ability to carry out its mission to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judiciary:

(A) The number of commission members.

(B) The allocation of appointments to the commission among the appointing authorities.

(C) The structure of the commission.

(D) The appropriate discipline and remedies available to the commission when it imposes discipline.

(E) The policies and procedures governing the commission’s operations.

(F) Whether the commission currently has adequate financial and personnel resources.

(G) What, if any, specific funding is necessary to support any recommended improvements to the commission.

(H) Whether changes to the Constitution and statutes of the State of California, Rules of Court, and rules of the commission are needed.

(4) Seek input on its study from all of the following:

(A) All three branches of government.

(B) Judges.

(C) Attorneys admitted to the State Bar of California.

(D) Members of the commission.

(E) The public.

(b) All members of the committee shall serve without compensation. Members of the committee shall be reimbursed for their necessary expenses, including expenses for travel, food, and lodging, incurred in connection with their committee duties.

(c) Support for the committee shall be provided by staff of the commission.

(d) The committee shall complete its study and provide a written report about its findings and recommendations no later than March 30, 2023, to the following:

(1) The Governor.

(2) The commission.

(3) The Supreme Court.

(4) The President pro Tempore of the Senate and the Chair of the Senate Committee on Judiciary.

(5) The Speaker of the Assembly and the Chair of the Assembly Committee on Judiciary.

(6) The public, including by providing the report to the commission, so that the commission may make the report available on the commission’s internet website.


text: The justices and officers of the Supreme Court shall be allowed their actual traveling expenses in going to and from their respective places of residence upon the business of the court or to attend its sessions.

history: (History: Added by Stats. 1953, Ch. 206.)

chapter: 3. The Supreme Court

article: 1. General Provisions

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 3. The Supreme Court > 1. General Provisions


text: If the state does not provide proper rooms in which to hold the court and for the accommodation of the officers of the court, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court, or any three justices, may direct the Clerk/Executive Officer of the Supreme Court to provide them. The expenses thereof, certified by any three justices to be correct, shall be paid out of the State Treasury.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 10. (AB 452) Effective January 1, 2018.)

article: 1. General Provisions


text: A sufficient sum shall be annually appropriated out of any funds in the State Treasury not otherwise appropriated for the expenses certified pursuant to Section 68802 and to defray the traveling expenses of the justices and officers of the Supreme Court. The money so appropriated is subject to the order of the Clerk/Executive Officer of the Supreme Court. He or she shall disburse the money on proper vouchers, and account for it in annual settlements with the Controller on the first Monday of December of each year.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 122. (SB 1289) Effective January 1, 2019.)

article: 1. General Provisions


text: The Supreme Court may appoint and employ during its pleasure such phonographic reporters, assistants, secretaries, librarians, marshals, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred by law upon it and its members. The marshals shall have the powers of a peace officer in all parts of this state, as defined in Section 830.36 of the Penal Code. Except as in this chapter otherwise provided, the Supreme Court shall determine the duties and fix and pay the compensation of all those officers and employees.

history: (History: Amended by Stats. 1999, Ch. 891, Sec. 2. Effective January 1, 2000.)

article: 1. General Provisions


text: All salaries and expenses incurred under the provisions of this chapter by the Supreme Court shall be paid from the funds appropriated for its use, when approved by the order of the court and audited by the Controller.

article: 1. General Provisions


text: The Supreme Court shall appoint a clerk, who shall be known as the Clerk/Executive Officer of the Supreme Court, and who shall serve at its pleasure. The Clerk/Executive Officer of the Supreme Court, with the approval of a majority of the Justices of the Supreme Court, shall appoint deputy clerks, librarians, secretaries, and other employees of the Supreme Court as are required. The Supreme Court shall determine the duties and, subject to subdivision (b) of Section 19825, fix and pay the compensation of these officers.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 12. (AB 452) Effective January 1, 2018.)

article: 2. The Chief Clerk

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 3. The Supreme Court > 2. The Chief Clerk


text: The fees collected by the Clerk/Executive Officer of the Supreme Court shall be paid into the State Treasury to the credit of the General Fund. The Clerk/Executive Officer is responsible and in his or her settlement with the Controller shall account for, and be charged with, the full amount of all fees collected or chargeable and accruing in causes brought into the court for services rendered therein up to the time of each settlement. At the end of every month he or she shall pay the full amount into the State Treasury. At the end of every month he or she shall also render to the Controller, in a form as that officer prescribes, an account in detail, under his or her own oath, of all fees chargeable and accruing in causes brought into court and not included in his or her previous accounts rendered.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 13. (AB 452) Effective January 1, 2018.)

article: 2. The Chief Clerk


text: The Clerk/Executive Officer of the Supreme Court shall collect in advance the fees specified in Article 4 (commencing with Section 68926) of this chapter.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 14. (AB 452) Effective January 1, 2018.)

article: 2. The Chief Clerk


text: The Supreme Court shall appoint the reporter of the decisions of the Supreme Court and of the courts of appeal and such other assistants as required. Each officer provided for herein serves at the pleasure of the Supreme Court and, in addition to the duties prescribed by law, shall perform such duties as are required by the rules, orders, and practices of the Supreme Court.

history: (History: Repealed and added by Stats. 1967, Ch. 172.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 3. The Supreme Court > 3. The Reporter of Decisions of the Supreme Court and the Courts of Appeal


text: The annual salary of the reporter of the decisions of the Supreme Court and of the courts of appeal is seventy-four thousand four hundred fifty-four dollars ($74,454) or as set by the Supreme Court, subject to the approval of the Chairman of the Judicial Council pursuant to subdivision (b) of Section 19825.

history: (History: Amended by Stats. 1991, Ch. 716, Sec. 1.)

article: 3. The Reporter of Decisions of the Supreme Court and the Courts of Appeal


text: Such opinions of the Supreme Court, of the courts of appeal, and of the appellate divisions of the superior courts as the Supreme Court may deem expedient shall be published in the official reports. The reports shall be published under the general supervision of the Supreme Court.

history: (History: Amended by Stats. 1998, Ch. 931, Sec. 248. Effective September 28, 1998.)


text: The official reports shall be published under a contract to be entered into on behalf of the state by the Chief Justice of California, the Secretary of State, the Attorney General, the President of the State Bar, and the Reporter of Decisions, who shall serve as secretary.


text: The contract shall be entered into with the person who agrees to publish and sell the official reports, for a period of not less than two nor more than seven years on the terms most advantageous to the state and to the public. Prior to the letting of such a contract, the Reporter of Decisions shall advertise for proposals for the publication of the reports pursuant to Section 6061 of this code in a daily paper in Sacramento, one in Los Angeles, and one in San Francisco. The Reporter of Decisions shall have no pecuniary interest in the volumes of reports.

history: (History: Amended by Stats. 1979, Ch. 343.)


text:
The contract shall require the publisher:

(a) To print and publish each volume in the style stipulated in the contract within 60 days after the manuscript is delivered by the reporter.

(b) To sell copies to the state for official use only at the price fixed in the contract.

(c) To keep on hand and for sale at the price stipulated in the contract a sufficient number of each volume to supply all demands for six years after the publication.

(d) To give bonds in the sum of ten thousand dollars ($10,000) for the fulfillment of the terms of the contract.

history: (History: Added by Stats. 1967, Ch. 172.)


text: No appeal taken to the Supreme Court or to a court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the proper court upon such terms as to costs or otherwise as may be just, and shall be proceeded with therein, as if regularly appealed thereto.

history: (History: Added by Stats. 1966, 1st Ex. Sess., Ch. 161.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 3. The Supreme Court > 3.5. Transfer of Cases Appealed to the Supreme Court and Courts of Appeal


text:
(a) (1) The fee for filing a notice of appeal in a civil case appealed to a court of appeal is six hundred five dollars ($605).

(2) The fee for filing a petition for a writ within the original civil jurisdiction of the Supreme Court is five hundred forty dollars ($540).

(3) The fee for filing a petition for a writ within the original civil jurisdiction of a court of appeal is six hundred five dollars ($605).

(b) (1) The fee for a party other than appellant filing its first document in a civil case appealed to a court of appeal is three hundred ninety dollars ($390).

(2) The fee for a party other than petitioner filing its first document in a writ proceeding within the original jurisdiction of the Supreme Court is three hundred ninety dollars ($390).

(3) The fee for a party other than petitioner filing its first document in a writ proceeding within the original jurisdiction of a court of appeal is three hundred ninety dollars ($390).

(c) These fees are in full, for all services, through the rendering of the judgment or the issuing of the remittitur or peremptory writ, except the fees imposed by subdivision (b) of Section 68926.1 and Section 68927. The Judicial Council may make rules governing the time and method of payment of these fees, and providing for excuse therefrom in appropriate cases. A fee may not be charged in appeals from, nor petitions for writs involving, juvenile cases or proceedings to declare a minor free from parental custody or control, or proceedings under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).

history: (History: Amended by Stats. 2012, Ch. 41, Sec. 24. (SB 1021) Effective June 27, 2012.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 3. The Supreme Court > 4. Fees in the Supreme Court and Courts of Appeal


text:
(a) (1) Upon filing a notice of appeal for which a fee is paid pursuant to Section 68926, the appellant shall deposit the sum of one hundred dollars ($100) with the clerk of the originating court. The deposit shall be credited against the amount chargeable for the preparation of the clerk’s transcript or any other appeal processing or notification.

(2) The deposit shall be forfeited in the event of abandonment or dismissal of appeal prior to filing of the record in the reviewing court.

(3) The amount charged for preparation of the transcript or any deposit that is forfeited shall be distributed to the court in which it was collected.

(b) Upon filing a notice of appeal, a petition for a writ, or a petition for a hearing for which a fee is paid pursuant to subdivision (a) of Section 68926 or subdivision (a) of Section 68927, the appellant shall pay an additional fee in the amount of one hundred seventy dollars ($170). Upon filing its first document for which a fee is paid pursuant to subdivision (b) of Section 68926 or subdivision (b) of Section 68927, a party other than the appellant or petitioner is not required to pay this additional fee. The fees collected pursuant to this subdivision shall be transmitted to the State Treasury for deposit in the Appellate Court Trust Fund.

history: (History: Amended by Stats. 2011, Ch. 193, Sec. 3. (AB 110) Effective August 30, 2011.)

article: 4. Fees in the Supreme Court and Courts of Appeal


text:
(a) Notwithstanding any other law, sixty-five dollars ($65) of each fee collected in a civil case by the clerk of each court of appeal pursuant to subdivision (a) of Section 68926 shall be paid into the State Treasury for deposit in a special account in the General Fund to be known as the California State Law Library Special Account, which is hereby established.

(b) Moneys deposited in the California State Law Library Special Account shall be available for the support of the California State Law Library upon appropriation by the Legislature in the annual Budget Act.

(c) It is the intent of the Legislature that this section shall apply retroactively to January 1, 2025.

(d) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

history: (History: Added by Stats. 2025, Ch. 9, Sec. 15. (AB 123) Effective June 27, 2025. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)


text:
(a) The fee for filing a petition for review in a civil case in the Supreme Court after a decision in a court of appeal is five hundred forty dollars ($540).

(b) The fee for a party other than petitioner filing its first document in a civil case in the Supreme Court after a decision in a court of appeal is three hundred ninety dollars ($390).

(c) A fee may not be charged for petitions for review from decisions in juvenile cases or proceedings to declare a minor free from parental custody or control or proceedings under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code).

history: (History: Amended by Stats. 2012, Ch. 41, Sec. 25. (SB 1021) Effective June 27, 2012.)


text: The fee for copies of any record or document in the office of the Clerk/Executive Officer of the Supreme Court or the Clerk/Executive Officer of a court of appeal is the prevailing commercial rate as determined by the Clerk/Executive Officer. The Supreme Court and each court of appeal may waive the charge for copies of opinions furnished to parties to the litigation and other interested persons.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 15. (AB 452) Effective January 1, 2018.)


text: The fee for comparing any document requiring a certificate is five cents ($0.05) a folio, except that when the document to be compared was printed or typewritten from the same type or at the same time as the original on file and has been corrected in all respects to conform with it, such charge shall be one cent ($0.01) a folio. Such fee is in addition to the fee for the certificate.

history: (History: Added by Stats. 1963, Ch. 873.)


text: The fee for each certificate under seal is one dollar ($1).


text: There shall be no fee for administering oaths for vertification of claims against the State.


text: For all other services not specified in this article the fee shall be the same as that prescribed by law for similar services by notaries public.


text:
(a) There is hereby established the Appellate Court Trust Fund, the proceeds of which shall be used for the purpose of funding the Supreme Court, courts of appeal, and the Judicial Council.

(b) The fund, upon appropriation by the Legislature, shall be apportioned by the Judicial Council to the courts of appeal, the Supreme Court, and the Judicial Council, as determined by the Judicial Council, taking into consideration all other funds available to each and the needs of each, in a manner that promotes equal access to the courts, ensures the ability of the courts to carry out their functions, and promotes implementation of statewide policies.

(c) Notwithstanding any other provision of law, the fees listed in subdivision (d) shall all be transmitted for deposit in the Appellate Court Trust Fund within the State Treasury.

(d) This section applies to all fees collected pursuant to Section 68926, excluding that portion subject to Section 68926.3; subdivision (b) of Section 68926.1; and Sections 68927, 68928, 68929, 68930, and 68932.

(e) The Appellate Court Trust Fund shall be invested in the Surplus Money Investment Fund and all interest earned shall be allocated to the Appellate Court Trust Fund semiannually and used as specified in this section.

history: (History: Amended by Stats. 2023, Ch. 34, Sec. 8. (SB 133) Effective June 30, 2023.)


text:
The state is divided into six court of appeal districts designated and constituted as follows:

(a) The Counties of San Francisco, Marin, Sonoma, Napa, Solano, Lake, Mendocino, Humboldt, Del Norte, Contra Costa, Alameda, and San Mateo shall constitute the First Appellate District.

(b) The Counties of San Luis Obispo, Santa Barbara, Ventura, and Los Angeles shall constitute the Second Appellate District.

(c) The Counties of Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, Yolo, Placer, Sacramento, El Dorado, San Joaquin, Amador, Calaveras, Alpine, and Mono shall constitute the Third Appellate District.

(d) The Counties of Inyo, San Bernardino, Riverside, Orange, San Diego, and Imperial shall constitute the Fourth Appellate District.

(e) The Counties of Stanislaus, Tuolumne, Merced, Mariposa, Madera, Fresno, Kings, Tulare, and Kern shall constitute the Fifth Appellate District.

(f) The Counties of Santa Clara, Santa Cruz, Monterey, and San Benito shall constitute the Sixth Appellate District.

history: (History: Amended by Stats. 1981, Ch. 959, Sec. 1.)

chapter: 4. The Courts of Appeal

article: 1. General Provisions

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 4. The Courts of Appeal > 1. General Provisions


text: The Court of Appeal for the First Appellate District consists of five divisions having four judges each, and shall hold its regular sessions at San Francisco.

history: (History: Amended by Stats. 2000, Ch. 998, Sec. 1. Effective January 1, 2001.)

article: 1. General Provisions


text: The Court of Appeal for the Second Appellate District consists of eight divisions having four judges each. One division shall hold its regular sessions in Ventura County, Santa Barbara County, or San Luis Obispo County, at the discretion of the judges of that division, and the other divisions shall hold their regular sessions at Los Angeles.

history: (History: Amended by Stats. 2000, Ch. 998, Sec. 2. Effective January 1, 2001.)

article: 1. General Provisions


text: The Court of Appeal for the Third Appellate District consists of one division having 11 judges and shall hold its regular sessions at Sacramento.

history: (History: Amended by Stats. 2000, Ch. 998, Sec. 3. Effective January 1, 2001.)

article: 1. General Provisions


text: The Court of Appeal for the Fourth Appellate District consists of three divisions. One division shall hold its regular sessions at San Diego and shall have 10 judges. One division shall hold its regular sessions in the San Bernardino/Riverside area and shall have eight judges. One division shall hold its regular sessions in Orange County and shall have eight judges.

history: (History: Amended by Stats. 2018, Ch. 45, Sec. 5. (SB 847) Effective June 27, 2018.)

article: 1. General Provisions


text: The Court of Appeal for the Fifth Appellate District consists of one division having 10 judges and shall hold its regular sessions at Fresno.

history: (History: Amended by Stats. 2000, Ch. 998, Sec. 5. Effective January 1, 2001.)

article: 1. General Provisions


text: The Court of Appeal for the Sixth Appellate District consists of one division having seven judges and shall hold its regular sessions at San Jose.

history: (History: Amended by Stats. 2000, Ch. 998, Sec. 6. Effective January 1, 2001.)

article: 1. General Provisions


text: Upon the creation of a new court of appeal district or division, the Governor shall appoint pursuant to subdivision (d) of Section 16 of Article VI of the Constitution three or more persons to serve as judges thereof as provided in the legislation creating the district or division. The judges of said district or division elected at the first general election at which they had the right to become candidates shall so classify themselves by lot that the term of office for at least one of them expires at the end of four years, at least one of them at the end of eight years, and at least one of them at the end of 12 years, and entry of such classification shall be made in the minutes of said district or division, signed by each of the judges thereof, and a duplicate thereof filed in the office of the Secretary of State.

history: (History: Amended by Stats. 1967, Ch. 17.)

article: 1. General Provisions


text:
(a) Each court of appeal may appoint and employ during its pleasure a Clerk/Executive Officer of the Court of Appeal, and other phonographic reporters, assistants, secretaries, librarians, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred by law upon it and its members. Except as otherwise provided in this chapter, each appellate court may determine the duties and, subject to subdivision (b) of Section 19825 of the Government Code, fix and pay the compensation of all of its officers and employees.

(b) All salaries and expenses incurred under this section shall be paid from the funds appropriated for the use of appellate courts, when approved by order of the courts.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 123. (SB 1289) Effective January 1, 2019.)

article: 2. Officers and Employees

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 4. The Courts of Appeal > 2. Officers and Employees


text: The clerk of each of the courts of appeal shall collect in advance the fees specified in Article 4 (commencing with Section 68926) of Chapter 3 of this title.

article: 2. Officers and Employees


text: All fees collected by the clerks of the courts of appeal shall be paid into the State Treasury to the credit of the General Fund. The provisions of Section 68846 relating to settlements by the Clerk/Executive Officer of the Supreme Court are applicable to the Clerks/Executive Officers of the courts of appeal.

history: (History: Amended by Stats. 2017, Ch. 36, Sec. 17. (AB 452) Effective January 1, 2018.)

article: 2. Officers and Employees


text:
(a) The Judicial Council shall annually recommend to the Governor and the Legislature the amount proposed to be spent for the planning, renovation, and building of facilities for the appellate courts.

(b) Facilities shall be subject to the State Building Construction Act of 1955 (commencing with Section 15800) and the Property Acquisition Law (commencing with Section 15850), except, notwithstanding any other provision of law, the Administrative Office of the Courts shall serve as the implementing agency upon the approval of the Department of Finance.

history: (History: Added by Stats. 2002, Ch. 1082, Sec. 2. Effective January 1, 2003.)

chapter: 4.2. Appellate Court Facilities

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 4.2. Appellate Court Facilities


text:
The Judicial Council, as the policymaking body for the judicial branch, shall have the following responsibilities and authorities with regard to appellate court facilities, in addition to any other authority or responsibilities established by law:

(a) Exercise full responsibility, jurisdiction, control, and authority as an owner would have over appellate court facilities, including, but not limited to, the acquisition and development of facilities.

(b) Exercise the full range of policymaking authority over appellate court facilities, including, but not limited to, planning, construction, acquisition, and operation, to the extent not otherwise limited by the law.

(c) Establish policies, procedures, and guidelines for ensuring that the appellate courts have adequate and sufficient facilities, including, but not limited to, facilities’ planning, acquisition, construction, design, operation, and maintenance.

(d) Allocate appropriated funds for appellate court facilities maintenance and construction, subject to the other provisions of this chapter.

(e) Prepare funding requests for appellate court facility construction, repair, and maintenance.

(f) Implement the design, bid, award, and construction of all appellate court construction projects, except as delegated to others.

(g) Provide for capital outlay projects that may be built with funds appropriated or otherwise available for these purposes, as follows:

(1) Approve five year and master plans for each appellate court.

(2) Establish priorities for construction.

(3) Submit the cost of projects proposed to be funded to the Department of Finance for inclusion in the Governor’s budget.

(h) Keep funding for appellate court facilities, whether for operation, planning, or construction, separate from funding for trial court facilities.


text:
The Administrative Office of the Courts shall have the following responsibilities and authority in addition to other responsibilities and authority granted by law or delegated by the Judicial Council:

(a) Carry out the policies of the Judicial Council in regard to appellate court facilities, except as otherwise limited by the law.

(b) Develop for Judicial Council approval the master plans for appellate court facilities in each court.

(c) Construct appellate court buildings, including, but not limited to, selection of architects and contractors, except as otherwise limited by the law.


text: The superior court of each county shall purchase and provide for the installation of the Flag of the United States and the Bear Flag of California in each superior courtroom in the county.

history: (History: Amended by Stats. 2020, Ch. 210, Sec. 22. (AB 1984) Effective January 1, 2021.)

chapter: 5. The Superior Courts

article: 1. General Provisions

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 1. General Provisions


text:
Notwithstanding any other provision of law to the contrary, the following procedures shall apply for business-related travel expenses of judges and employees of the trial courts:

(a) The Administrative Director of the Courts shall annually recommend policies and schedules for reimbursement of travel expenses and procedures for processing these requests, which shall be approved by the Judicial Council and shall be followed by the trial courts.

(b) Each court shall develop a system for presentation and approval of requests that shall ensure that requests are reviewed in an impartial and appropriate manner and that conforms to the policies, schedules, and procedures approved by the Judicial Council.

(c) The cost of the approved requests shall be paid from that court’s Trial Court Operations Fund.

history: (History: Repealed and added by Stats. 2001, Ch. 824, Sec. 21. Effective January 1, 2002.)

article: 1. General Provisions


text: The presiding judge of each superior court may designate a judge of the court to be available on days other than a Saturday, Sunday or legal holiday to perform a marriage without fee.

history: (History: Added by Stats. 1959, Ch. 1589.)

article: 1. General Provisions


text:
(a) The judges of each superior court having three or more judges, shall choose from their own number a presiding judge who serves as such at their pleasure. Subject to the rules of the Judicial Council, the presiding judge shall distribute the business of the court among the judges, and prescribe the order of business.

(b) Notwithstanding subdivision (a), the Judicial Council may provide by rule of court for the qualifications of the presiding judge.

history: (History: Amended by Stats. 1999, Ch. 344, Sec. 21. Effective September 7, 1999.)

article: 1. General Provisions


text:
(a) In courts with two judges a presiding judge shall be selected by the judges each calendar year and the selection should be on the basis of administrative qualifications and interest.

(b) If a selection cannot be agreed upon, then the office of presiding judge shall be rotated each calendar year between the two judges, commencing with the senior judge. If the judges are of equal seniority, the first presiding judge shall be selected by lot.

(c) Notwithstanding subdivisions (a) and (b), the Judicial Council may provide by rule of court for the qualifications of the presiding judge.

(d) In a court with one judge, whether as the result of a vacancy in a judgeship or otherwise, a reference in a statute to the presiding judge means the sole judge of the court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 224. Effective January 1, 2003.)

article: 1. General Provisions


text: If the Legislature diminishes the number of judges of the superior court in any county or city and county, the offices which first become vacant, to the number of judges diminished, shall be deemed to be abolished.

history: (History: Added by Stats. 1966, 1st Ex. Sess., Ch. 161.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 2.5. Reduction of Number of Judges in Superior Court


text: In the County of Alameda there are 67 judges of the superior court.

history: (History: Amended by Stats. 2017, Ch. 17, Sec. 18. (AB 103) Effective June 27, 2017.)

article: 3. Number of Judges

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 3. Number of Judges


text: In the County of Alpine there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 229. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Amador there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 230. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Butte there are 10 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 231. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Calaveras there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 232. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Colusa there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 233. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Contra Costa there are 33 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 234. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Del Norte there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 235. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of El Dorado there are six judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 236. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Fresno there are 36 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 237. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Glenn there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 238. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Humboldt there are seven judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 239. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Imperial there are nine judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 240. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Inyo there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 241. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Kern there are 33 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 242. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Kings there are seven judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 243. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Lake there are four judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 244. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Lassen there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 245. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Los Angeles there are 429 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 246. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Madera there are seven judges of the Superior Court.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 164. Effective January 1, 2004.)

article: 3. Number of Judges


text: In the County of Marin there are 10 judges of the Superior Court.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 165. Effective January 1, 2004.)

article: 3. Number of Judges


text: In the County of Mariposa there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 249. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Mendocino there are eight judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 250. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Merced there are six judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 251. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Modoc there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 252. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Mono there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 253. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Monterey there are 18 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 254. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Napa there are six judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 255. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Nevada there are six judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 256. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Orange there are 109 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 257. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Placer there are nine judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 258. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Plumas there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 259. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Riverside there are 53 judges of the superior court.

history: (History: Amended by Stats. 2018, Ch. 45, Sec. 6. (SB 847) Effective June 27, 2018.)

article: 3. Number of Judges


text: In the County of Sacramento there are 52 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 261. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of San Benito there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 262. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of San Bernardino there are 65 judges of the superior court.

history: (History: Amended by Stats. 2017, Ch. 17, Sec. 20. (AB 103) Effective June 27, 2017.)

article: 3. Number of Judges


text: In the County of San Diego there are 128 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 264. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the City and County of San Francisco there are 50 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 266. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of San Joaquin there are 26 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 267. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of San Luis Obispo there are 11 judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 268. Effective January 1, 2003.)

article: 3. Number of Judges


text: In San Mateo County there are 26 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 269. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Santa Barbara there are 19 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 270. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Santa Clara there are 77 judges of the superior court.

history: (History: Amended by Stats. 2017, Ch. 17, Sec. 21. (AB 103) Effective June 27, 2017.)

article: 3. Number of Judges


text: In the County of Santa Cruz there are 10 judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 272. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Shasta there are nine judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 273. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Sierra there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 274. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Siskiyou there are four judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 275. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Solano there are 16 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 276. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Sonoma there are 16 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 277. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Stanislaus there are 17 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 278. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Sutter there are five judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 279. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Tehama there are four judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 280. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Trinity there are two judges of the superior court.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 281. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Tulare there are 16 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 282. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Tuolumne there are four judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 283. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Ventura there are 28 judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 284. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Yolo there are nine judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 288. Effective January 1, 2003.)

article: 3. Number of Judges


text: In the County of Yuba there are five judges of the superior court.

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 289. Effective January 1, 2003.)

article: 3. Number of Judges


text:
(a) Upon appropriation by the Legislature in the 2006–07 fiscal year, there shall be 50 additional judges allocated to the various superior courts pursuant to the uniform criteria described in subdivision (b) for determining the need for additional superior court judges.

(b) The judges shall be allocated, in accordance with the uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on the following criteria:

(1) Court filings data averaged over a period of three years.

(2) Workload standards that represent the average amount of time of bench and nonbench work required to resolve each case type.

(3) A ranking methodology that provides consideration for courts that have the greatest need relative to their current complement of judicial officers.

(c) (1) The Judicial Council shall report to the Legislature and the Governor on or before November 1 of every even-numbered year on the factually determined need for new judgeships in each superior court using the uniform criteria for allocation of judgeships described in subdivision (b), as updated and applied to the average of the prior three years’ filings.

(2) On or before November 30, 2011, the Judicial Council shall provide to the Legislature a special assessment of the need for new judgeships in the family law and juvenile law assignments for each superior court.

(3) The Judicial Council shall report, beginning with the report due to the Legislature on November 1, 2012, on the implementation and effect of subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

history: (History: Amended by Stats. 2014, Ch. 311, Sec. 2. (AB 2745) Effective January 1, 2015.)

article: 3. Number of Judges


text: Upon appropriation by the Legislature in the 2007–08 fiscal year, there shall be 50 additional judges allocated to the various county superior courts, pursuant to the uniform criteria described in subdivision (b) of Section 69614, as updated and approved by the Judicial Council.

history: (History: Amended by Stats. 2014, Ch. 311, Sec. 3. (AB 2745) Effective January 1, 2015.)

article: 3. Number of Judges


text:
Upon appropriation by the Legislature, the 100 additional new judges provided for in Sections 69614 and 69614.2 shall be allocated to the various county superior courts, pursuant to the following appointment schedule:

(a) On or before June 30, 2008, 40 additional judges shall be appointed.

(b) On or after July 1, 2008, 10 additional judges shall be appointed.

(c) On or after June 1, 2009, 50 additional judges shall be appointed.

(d) Notwithstanding subdivision (c), Item 0250-101-0932 in Section 2.00 of the Budget Act of 2018 (Chs. 29 and 30, Stats. 2018) allocates two of the 50 judgeships to the County of Riverside, effective July 1, 2018, thereby reducing the total number of judges to be allocated to 48.

(e) Notwithstanding subdivision (c), Item 0250-101-0932 in Section 2.00 of the Budget Act of 2019 allocates 25 of the 48 judgeships effective in the 2019–20 fiscal year, thereby reducing the total number of judgeships to be allocated to 23.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 187. (SB 1371) Effective January 1, 2021.)

article: 3. Number of Judges


text:
(a) Notwithstanding any other law, two vacant judgeships from the Superior Court of the County of Santa Clara shall be reallocated to the Superior Court of the County of Riverside, and two vacant judgeships from the Superior Court of the County of Alameda shall be reallocated to the Superior Court of the County of San Bernardino.

(b) The Judicial Council shall determine which specific vacancies shall be transferred between counties pursuant to this section and take all necessary steps to effectuate each transfer.

(c) The term of the judgeships specified in this section shall begin on January 2, 2018.

(d) A court in which a vacant judgeship is reallocated shall not have the court’s funding allocation reduced or any of its funding shifted or transferred as a result of, or in connection with, the reallocation of a vacant judgeship pursuant to this section.

history: (History: Added by Stats. 2017, Ch. 17, Sec. 22. (AB 103) Effective June 27, 2017.)

article: 3. Number of Judges


text: Twenty-six additional superior court judgeships are authorized, subject to appropriation. These positions shall be allocated by the Judicial Council to the various county superior courts, in accordance with the uniform criteria described in subdivision (b) of Section 69614, as updated and approved by the Judicial Council.

history: (History: Added by Stats. 2023, Ch. 482, Sec. 2. (SB 75) Effective January 1, 2024.)

article: 3. Number of Judges


text:
(a) It is the intent of the Legislature in enacting this section to restore an appropriate balance between subordinate judicial officers and judges in the trial courts by providing for the conversion, as needed, of subordinate judicial officer positions to judgeships in courts that assign subordinate judicial officers to act as temporary judges. The Legislature finds that these positions must be converted to judgeships in order to ensure that critical case types, including family, probate, and juvenile law matters, can be heard by judges.

(b) (1) The Legislature finds that because of the unique nature of family and juvenile law matters, including the long-lasting impact of decisions in these cases, particularly on vulnerable children, whenever possible, these cases should be presided over by judges, who are accountable to the public.

(2) The Legislature also finds that a Judicial Council study concluded that public trust and confidence in the courts are strongest when the public believes that the decisionmaking processes used by the court are fair and allow each litigant a reasonable opportunity to be heard by the court. In order to improve the public perception of procedural fairness in family law and juvenile law matters, it is necessary that cases be heard by judges whenever possible.

(3) It is therefore the intent of the Legislature, in allowing the conversion of up to 10 additional subordinate judicial officer positions, as provided in subparagraph (C) of paragraph (1) of subdivision (c), to expedite the timeline for ensuring that family and juvenile law matters are presided over by judges.

(c) (1) (A) Sixteen subordinate judicial officer positions in eligible superior courts, as determined and approved by the Judicial Council on February 23, 2007, pursuant to uniform criteria for determining the need for converting existing subordinate judicial officer positions to superior court judgeships, shall be converted to judgeships as set forth in paragraph (2).

(B) Upon subsequent authorization by the Legislature, 146 subordinate judicial officer positions in eligible superior courts, as determined by the Judicial Council pursuant to uniform criteria for determining the need for converting existing subordinate judicial officer positions to superior court judgeships, shall be converted to judgeships as set forth in paragraphs (2) and (3), except that no more than 16 subordinate judicial officer positions may be converted in any fiscal year.

(C) Notwithstanding subparagraph (B), up to 10 additional subordinate judicial officer positions in eligible superior courts may be converted to superior court judgeships in any fiscal year. Each additional position may be converted to a judgeship only if the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer. The additional conversions authorized by this subparagraph are subject to the requirements of paragraph (3).

(2) The positions for conversion shall be allocated each fiscal year pursuant to uniform allocation standards to be developed by the Judicial Council for factually determining the relative judicial need for conversion of a subordinate judicial officer position that becomes vacant to a superior court judgeship position.

(3) Beginning in the 2010–11 fiscal year, a subordinate judicial officer position shall be converted to a judgeship when all of the following conditions are met:

(A) A vacancy occurs in a subordinate judicial officer position in an eligible superior court as determined by the uniform allocation standards described in paragraph (2).

(B) The Judicial Council files notice of the vacancies and allocations with the Chairperson of the Senate Committee on Rules, the Speaker of the Assembly, and the Chairpersons of the Senate and Assembly Committees on Judiciary.

(C) Except for proposed actions authorized pursuant to subparagraph (C) of paragraph (1), the proposed action is ratified by the Legislature, either in the annual Budget Act or by statutory enactment. Because of the unique nature of the need for judges as expressed in subdivision (b), a proposed action under subparagraph (C) of paragraph (1) shall be ratified by the Legislature by statutory enactment other than the annual Budget Act.

(4) Section 12011.5 shall apply to an appointment to a superior court judgeship converted from a subordinate judicial officer position.

(d) For purposes of this section, “subordinate judicial officer” means an officer appointed under the authority of Section 22 of Article VI of the California Constitution. This section shall not apply to a subordinate judicial officer position established by Section 4251 of the Family Code.

(e) It is the intent of the Legislature that no subordinate judicial officer shall involuntarily lose his or her position solely due to operation of this section. This section does not change the employment relationship between subordinate judicial officers and the trial courts established by law.

(f) This section does not limit the authority of the Governor to appoint a person to fill a vacancy pursuant to subdivision (c) of Section 16 of Article VI of the California Constitution.

(g) This section does not entitle a court to an increase in funding.

(h) The operation of this section shall neither increase nor decrease the number of judicial and subordinate judicial officer positions and court support positions for which a county is responsible by law.

history: (History: Amended by Stats. 2010, Ch. 690, Sec. 2. (AB 2763) Effective January 1, 2011.)

article: 3. Number of Judges


text:
(a) The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2011–12 fiscal year where the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.

history: (History: Added by Stats. 2011, Ch. 705, Sec. 1. (SB 405) Effective January 1, 2012.)

article: 3. Number of Judges


text:
(a) The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2013–14 fiscal year where the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.

history: (History: Added by Stats. 2013, Ch. 510, Sec. 24. (AB 1403) Effective January 1, 2014.)

article: 3. Number of Judges


text:
(a) The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2014–15 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.

history: (History: Added by Stats. 2014, Ch. 311, Sec. 4. (AB 2745) Effective January 1, 2015.)

article: 3. Number of Judges


text:
(a) The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2015–16 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.

history: (History: Added by Stats. 2015, Ch. 416, Sec. 4. (AB 1519) Effective January 1, 2016.)

article: 3. Number of Judges


text:
(a) The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2016–17 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.

history: (History: Added by Stats. 2016, Ch. 474, Sec. 29. (AB 2882) Effective January 1, 2017.)

article: 3. Number of Judges


text:
(a) The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2017–18 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.

history: (History: Added by Stats. 2017, Ch. 330, Sec. 3. (AB 1692) Effective January 1, 2018.)

article: 3. Number of Judges


text:
(a) The superior court in Los Angeles County may by local rule establish superior court districts within which one or more sessions of the court shall be held.

(b) The superior court districts established by county ordinance and in effect as of January 1, 2003, shall continue to be recognized as the superior court districts until the court enacts a local rule as provided in subdivision (a).

history: (History: Repealed and added by Stats. 2003, Ch. 149, Sec. 31. Effective January 1, 2004.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 4. Superior Court Districts in Los Angeles County


text:
(a) Notwithstanding any other provision of law, each trial court shall determine the number and location of sessions of the court necessary for the prompt disposition of the business before the court. In making this determination, the court shall consider, among other factors, the impact of this provision on court employees pursuant to Section 71634, the availability and adequacy of facilities for holding the court session at the specific location, the efficiency and cost of holding the session at the specific location, any applicable security issues, and the convenience to the parties and the public served by the court. Nothing in this section precludes a session from being held in a building other than a courthouse.

(b) In appropriate circumstances, upon agreement of the presiding judges of the courts, and in the discretion of the court, the location of a session may be outside the county, except that the consent of the parties shall be necessary to the holding of a criminal jury trial outside the county. The venue of a case for which session is held outside the county pursuant to this section shall be deemed to be the home county of the court in which the matter was filed. Nothing in this section shall provide a party with the right to seek a change of venue unless otherwise provided by statute. No party shall have any right to request the court to exercise its discretion under this section.

(c) The Judicial Council may adopt rules to address an appropriate mechanism for sharing of expenses and resources between the court holding the session and the court hosting the session.

history: (History: Repealed and added by Stats. 2003, Ch. 149, Sec. 33. Effective January 1, 2004.)

article: 5. Sessions

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 5. Sessions


text: A motion for new trial, motion under Code of Civil Procedure Section 663, and a motion for judgment notwithstanding the verdict may, with the written consent of all parties concerned, be heard at any place in the State of California by the judge who presided at the trial.

history: (History: Added by Stats. 1961, Ch. 1656.)

article: 5. Sessions


text: There may be as many sessions of a superior court, at the same time, as there are judges elected, appointed or assigned thereto. The judgments, orders, and proceedings of any session of a superior court, held by any one or more of the judges sitting therein, shall be equally effectual as though all the judges of said court presided at such session.

history: (History: Added by Stats. 1966, 1st Ex. Sess., Ch. 161.)

article: 5. Sessions


text:
(a) The clerk of the court shall exercise or perform, in addition to the powers, duties, and responsibilities provided by statute, any powers, duties, and responsibilities required or permitted to be exercised by the county clerk in connection with judicial actions, proceedings, and records. The county clerk is relieved of any obligation imposed by law on the county clerk with respect to these powers, duties, and responsibilities.

(b) A deputy court clerk is subject to the provisions of Article 7 (commencing with Section 1190) of Chapter 1 of Division 4 of Title 1.

history: (History: Added by Stats. 2002, Ch. 784, Sec. 302. Effective January 1, 2003.)

article: 7. Clerk

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 7. Clerk


text: The clerk of the superior court shall attend each session of the superior court in the county and upon the judges of the court in chambers when required.

history: (History: Amended by Stats. 2003, Ch. 149, Sec. 53. Effective January 1, 2004.)

article: 7. Clerk


text: The clerk of the superior court shall keep such indexes as will insure ready reference to any action or proceeding filed in the court. There shall be separate indexes of plaintiffs and defendants in civil actions and of defendants in criminal actions. The name of each plaintiff and defendant shall be indexed and there shall appear opposite each name indexed the number of the action or proceeding and the name or names of the adverse litigant or litigants.

history: (History: Added by Stats. 1953, Ch. 206.)

article: 7. Clerk


text: The clerk of the superior court shall issue all process and notices required to be issued.

article: 7. Clerk


text: The clerk of the superior court shall keep the minutes and other records of the court, entering at length within the time specified by law, or forthwith if no time is specified, any order, judgment, and decree of the court which is required to be entered and showing the date when each entry is made. Failure so to enter the date or failure to enter the order, judgment, or decree within the time specified in this section shall not affect the validity or effectiveness of the entry.

history: (History: Amended by Stats. 1959, Ch. 671.)

article: 7. Clerk


text: On and after July 1, 1997, each clerk of the superior court shall prospectively certify and submit those court records specified by the Judicial Council which relate to criminal convictions for entry into a computer system operated by the Department of Justice that can be accessed by authorized agents of any district attorney or other state prosecuting agency. This section shall not be construed to require a superior court to acquire any new equipment or to implement any new procedures.

history: (History: Added by Stats. 1996, Ch. 642, Sec. 6. Effective January 1, 1997.)

article: 7. Clerk


text: Notwithstanding any provisions of law to the contrary, in those counties where it is required by court order or rule that the clerk of the superior court place individual minute orders in the court’s file of actions in chronological order, and if it is otherwise required by law that as a prerequisite to destruction of such records a microfilm copy thereof be made, the clerk shall not be required to keep a minute book but shall be required to keep minutes. Nothing contained herein shall eliminate the requirement for a judgment book where judgments and decrees are required to be entered.

history: (History: Added by Stats. 1967, Ch. 612.)

article: 7. Clerk


text: The clerk of the superior court may keep a register of actions in which shall be entered the title of each cause, with the date of its commencement and a memorandum of every subsequent proceeding in the action with its date.

history: (History: Amended by Stats. 1994, Ch. 1030, Sec. 9. Effective January 1, 1995.)

article: 7. Clerk


text: In lieu of maintaining a register of actions as described in Section 69845, the clerk of the superior court may maintain a register of actions by preserving all the court records filed, lodged, or maintained in connection with the case.

history: (History: Amended by Stats. 1994, Ch. 1030, Sec. 10. Effective January 1, 1995.)

article: 7. Clerk


text: The clerk of the superior court shall safely keep or dispose of according to law all papers and records filed or deposited in any action or proceeding before the court.

article: 7. Clerk


text: The clerk of the superior court shall endorse on each paper filed with the court the day, month, and year it is filed.

history: (History: Added by Stats. 1969, Ch. 1610.)

article: 7. Clerk


text: The clerk of the superior court shall provide two books. In one of the books the clerk shall enter in alphabetical order the names of each person who has declared his intention to become a citizen of the United States since the organization of the court and the date of such declaration. In the other book the clerk shall enter in alphabetical order the name of each person who has been admitted a citizen of the United States by the court, and the clerk shall also enter in separate columns opposite each name, the country of which the person was before a citizen or subject, the date of his admission, and the page of the book of the record of the court containing the order admitting him as such citizen.

article: 7. Clerk


text: The clerk of the superior court may use a facsimile signature on any court documents regularly maintained in the ordinary course of business for the purpose of filing or certifying those documents, provided the authorized deputy initials the facsimile signature.

history: (History: Added by Stats. 1987, Ch. 1493, Sec. 5.)

article: 7. Clerk


text:
Notwithstanding any other provision of law, the following provisions shall apply to the Yolo County superior and municipal courts.

(a) To assist the court in the performance of its duties and the exercise of the powers conferred by law upon the court, a majority of the judges of the superior and municipal courts, with the approval of the board of supervisors, may establish such job classifications and may appoint a clerk and such officers, assistants, and employees, including official court reporters, as necessary. A majority of the judges of the superior and municipal courts may delegate the creation of job classifications and the appointment of employees to the court executive officer. Official court reporters shall hold office at the pleasure of the appointing officer.

(b) The compensation, including salary, retirement, vacations, and other benefits, of all Yolo County superior and municipal court officers and employees may be adjusted by the board of supervisors. The board of supervisors may extend the management benefits package to officers, assistants, and employees of the superior and municipal courts, including judges, on the same basis as it is extended to other officers and employees of the county. Unless otherwise provided by law, employees of the superior and municipal courts are subject to the personnel regulations, memoranda of understanding and affirmative action plan of the county.

(c) In addition to the official court reporters, the presiding judge of the superior and municipal courts may appoint as many court reporters pro tempore as the business of the court requires, who shall hold office at his or her pleasure. The court reporters pro tempore shall be unsalaried, but shall be compensated at a rate to be established by joint action of the board of supervisors and a majority of the judges of the superior and municipal courts. In criminal cases, the compensation of the court reporters pro tempore shall, upon order of the court, be a charge against the general fund of the county. The presiding judge of the superior and municipal courts may delegate the appointment of court reporters pro tempore and the determination of their salary to the court executive officer.

history: (History: Amended by Stats. 1996, Ch. 1153, Sec. 1. Effective January 1, 1997.)

path: 8. THE ORGANIZATION AND GOVERNMENT OF COURTS > 5. The Superior Courts > 8. Officers, Attaches, and Employees Generally


text:
(a) The superior court shall provide any court user access to a lactation room in any courthouse in which a lactation room is also provided to court employees in compliance with Section 1031 of the Labor Code. The lactation room for court users shall be located within the court facility in an area that is accessible to the public or in any location that is reasonably accessible to the public using the court facility.

(b) A superior court may comply with this section by designating a lactation room for court users that does not meet all of the requirements of subdivision (d) of Section 1031 of the Labor Code in order to provide the greatest number of court users with access to lactation rooms in as many courthouses as possible. The superior court shall use the most cost effective means possible to construct or renovate lactation rooms in courthouses, including by installing portable lactation rooms where appropriate, due to operational, financial, or space limitations. The lactation room shall not be a bathroom, shall be shielded from view and free from intrusion while it is being used by a court user to express milk, and shall otherwise comply with the requirements of subdivision (c) of Section 1031 of the Labor Code.

(c) This section shall become operative on July 1, 2029.

history: (History: Amended by Stats. 2026, Ch. 29, Sec. 4. (SB 174) Effective June 29, 2026. Operative July 1, 2029, by its own provisions.)

article: 8. Officers, Attaches, and Employees Generally


text:
(a) Beginning July 1, 2026, the superior court shall provide any court user who is participating in an ongoing court proceeding a reasonable amount of break time during the court proceeding in which the court user is participating to allow the court user to express breast milk for the individual’s infant child pursuant to the confidential process described in subdivision (b).

(b) On or before January 1, 2026, the Judicial Council shall adopt or amend rules of court or forms to implement this section. The rules of court or forms shall provide a confidential process for the court user to request the break time.

(c) Nothing in this section affects any requirements imposed by law upon a superior court as an employer in relation to its employees, including, but not limited to, the requirements for employers to accommodate the needs of lactating employees specified in Section 1030 and 1031 of the Labor Code.

history: (History: Added by Stats. 2024, Ch. 159, Sec. 1. (SB 949) Effective January 1, 2025.)


text:
(a) On or before March 1, 2025, and by March 1 of each year thereafter, consistent with subdivision (d), the Judicial Council shall submit a report to the Legislature regarding how all funds previously appropriated by the Legislature for the purpose of compliance with Section 69894, including, but not limited to, the funds appropriated pursuant to Item 020-001-0001 of Section 2.00 of the Budget Act of 2022, have been expended by the superior courts. The report shall include at least all of the following information:

(1) The number of lactation rooms that have been constructed, installed, or renovated to comply with the requirements of Section 69894, including the cost per lactation room.

(2) The plan for future construction, installation, or renovation of lactation rooms to comply with the requirements of Section 69894, including the average cost per lactation room, detailing the average cost for new construction, renovation of an existing court facility, and installation of portable lactation rooms that comply with subdivision (b) of Section 69894.

(3) How many lactation rooms are estimated to be constructed, installed, or renovated upon expenditure of all funds previously appropriated by the Legislature.

(4) The funds necessary for courts to fully comply with Section 69894 and provide to any court user access to a lactation room in any courthouse in which a lactation room is also provided to court employees in compliance with Section 1031 of the Labor Code.

(5) The estimated dates, according to the Judicial Council, when the following will occur:

(A) Courts will fully comply with Section 69894.

(B) All funds previously appropriated by the Legislature for the purpose of compliance with Section 69894 will be expended.

(b) In order to provide the greatest number of court users with access to the greatest number of lactation rooms in as many courthouses as possible, the superior court shall use the most cost-effective means possible to construct or renovate lactation rooms in courthouses, including by installing portable lactation rooms that comply with subdivision (b) of Section 69894.

(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(d) The report required pursuant to subdivision (a) of this section shall be required only until courts either fully comply with Section 69894, or until all funds previously appropriated by the Legislature for the purpose of compliance with Section 69894 are expended.

history: (History: Added by Stats. 2024, Ch. 228, Sec. 2. (AB 3280) Effective January 1, 2025.)


text:
Employees of the superior court in each county of the first class shall be entitled to step advancement, vacation, sick leave, holiday benefits and other leaves of absence and other benefits as may be directed by rules of the court. Where statutes require implementation by local ordinances for the extension of benefits to local officers and employees, these may be made applicable by rule to court personnel, including, but not limited to, jurors and judges.

These benefits shall also include the same lump sum payments for sick leave and vacation for the superior court employees when they are separated from the service as are made to county employees of the county; except that lump-sum payments to court commissioners when separated from the service of the superior court shall be limited to accrued vacation if any, as is provided by local rule of court, exclusive of accrued sick leave.

Court employees under this section shall have the right to transfer to other departments in the county government, subject to the approval of the board of supervisors, the county charter, and other usual conditions that may be placed upon the transfer, including, but not limited to, a requirement that the transferee successfully complete an appropriate civil service examination. The right of transfer shall not give any employee any additional rights by reason of their employment with the court, other than those to which they would have been entitled if the employment had been with a different department of the county government.

Employment by the court shall be deemed to be employment by the county, if approved by rule of court, for the purpose of determining a court employee’s rights with respect to a county’s ordinances providing for salary step advancements and other employee benefits and rights, including, but not limited to, amount of compensation, vacations, sick leave, and accumulated sick leave.

In any such county, attachés may be voluntarily transferred from a position in one judicial district to a position in another within the county and promoted or voluntarily demoted from a position in one judicial district to a position in another within the county in substantially the same manner as transfers, demotions and promotions are authorized generally in county departments or between departments of the county.

Rules of the court may include other matters pertaining to the general administration of the court, including conditions of employment of court personnel, including, but not limited to, jurors and judges. When rules are adopted by a majority of the judges and filed with the Judicial Council, they shall have the same status as other rules of court adopted pursuant to Section 68070.

When requested to do so by the court, the county shall, through the county civil service commission, furnish to the court services as may be required in connection with the recruitment and employment of court officers and employees.

history: (History: Amended by Stats. 2023, Ch. 478, Sec. 45. (AB 1756) Effective January 1, 2024.)


text: In each county of the first class, whenever, because of the nature of the duties of any judge or officer of the court, the court determines that the best interest of the court would be served, it may assign an automobile in lieu of allowing traveling expenses.

history: (History: Repealed and added by Stats. 2023, Ch. 478, Sec. 47. (AB 1756) Effective January 1, 2024.)


text: The court may by rule employ and assign officers or attachés to perform the duties outlined in Section 26806 of the Government Code.

history: (History: Added by Stats. 1961, Ch. 769.)


text: Notwithstanding Section 69894.1, in the County of Los Angeles, a majority of the judges of the superior court may appoint 362 court reporters at salary schedule 82F, NZ, N3. The salary schedule and notes are those found in the Los Angeles County Code, Title 6. Court reporters shall serve at the pleasure of the court and may at any time be removed by the court in its discretion.

history: (History: Amended by Stats. 1994, Ch. 995, Sec. 4. Effective January 1, 1995.)


text: Any county having a retirement system for its employees may include in it the employees and attachés of the superior court of that county whose salaries are paid by the county. Where such action is taken by any county the included employees and attachés shall be subject to all of the provisions of the local retirement system.