68500. The Judicial Council may appoint and employ during its
pleasure such officers, assistants, 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. It may determine the
duties and fix and provide for the compensation of all such
officers, assistants, and other employees.
68500.1. The Judicial Council may prescribe the methods, means, and
standards for electronic collection of data related to court
administration, practice, and procedure.
68500.5. The annual salary of the Administrative Director of the
Courts shall be set by the chairperson of the Judicial Council and
shall be no less than the salary of a judge of the court of appeal,
and shall be paid out of appropriations for the support of the
Judicial Council.
The salary of a judge of a court of appeal means the salary of a
judge first appointed to the court of appeal after January 1, 1982.
68501. The chairman of the Judicial Council may appoint committees
composed of official court reporters, judges, retired judges,
attorneys and experts in specialized fields, or any combination
thereof, to advise with the Judicial Council in studying the
condition of business in the several courts and the means for
simplifying and improving the administration of justice and in the
performance of any other duties of the council authorized or imposed
by law.
68502. The committees may assemble information and make
recommendations to the Judicial Council, but shall not exercise any
of the powers vested in the council.
68502.5. (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
(1) The receipt of budget requests from the trial courts.
(2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
(3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance criteria
established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations, and on any other factors as determined
by the Judicial Council. This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency. The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
(5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to this
paragraph.
(6) The allocation of funds in the Trial Court Improvement Fund to
ensure equal access to trial courts by the public, to improve trial
court operations, and to meet trial court emergencies.
(7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office at least
15 days before the due date of any allocation.
(8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
(9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
(10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
(b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court or
county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county. The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
(c) The Judicial Council shall retain the ultimate responsibility
to adopt a budget and allocate funding for the trial courts and
perform the other activities listed in subdivision (a) that best
assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.
68502.7. Nothing in this chapter shall be construed to require the
state in any fiscal year to provide money for trial court costs from
any state fund that is in excess of the total amount available for
disbursement from that fund during the fiscal year. The Judicial
Council may reallocate moneys pursuant to Section 68502.5 if at any
time during the fiscal year it determines that the amount available
for disbursement from any state fund will be less than or greater
than the amount already allocated from that fund for that fiscal
year.
68503. Members of committees appointed pursuant to Section 68501
shall receive no compensation from the state for their services. When
called into session by the Chairperson of the Judicial Council,
members shall receive their actual and necessary expenses for travel,
board, and lodging, which shall be paid from the funds appropriated
to the use of the council. These expenses shall be approved in the
manner that the council directs, and shall be audited by the
Controller in accordance with the rules of the California Victim
Compensation and Government Claims Board.
68503.5. Whenever provision is made by law for appointment or
designation, by the Judicial Council or the chairman thereof, of
judges to serve on nonsalaried advisory committees, boards or
commissions the provision shall be deemed to authorize appointment or
designation of retired judges to serve on such committees, boards or
commissions.
68504. Upon receiving information of the death, removal, or
resignation of any justice of the Supreme Court or of the courts of
appeal, or a judge of the superior court, the Secretary of the
Judicial Council shall immediately give the Controller, the Judges'
Retirement System, and the Judges' Retirement System II written
notice of such death, removal, or resignation.
68505. The county clerks and clerks of all courts of record shall
cooperate with the Judicial Council. They shall keep such records and
make such reports to the council, in such manner and at such times,
as the Chair of the Judicial Council requires, respecting the
condition and manner of disposal of judicial business in their
respective courts.
68506. All salaries and expenses incurred by the council pursuant
to this article, including the necessary expenses for travel, board,
and lodging of the members of the council and its officers,
assistants, and other employees incurred in the performance of the
duties and business of the council, shall be paid from the funds
appropriated for the use of the council. The salaries and expenses
shall be approved in the manner that the council directs, and shall
be audited by the Controller in accordance with the rules of the
California Victim Compensation and Government Claims Board.
68506.5. The Judicial Council shall, after receiving comment from
the courts, court employee organizations, and other interested
groups, adopt fiscally responsible travel reimbursement policies,
procedures, and rates for the judicial branch that provide for
appropriate accountability.
68507. The Secretary of the Judicial Council shall purchase and
provide for the installation of the flag of the United States and the
Bear Flag of California in all the courtrooms of the Supreme Court
and the courts of appeal.
68508. No act of the Judicial Council shall be valid unless
concurred in by a majority of its members.
68509. The Judicial Council shall meet at the call of its chairman
or as otherwise provided by it.
68510. No member of the Judicial Council shall receive any
compensation for his services as such, but he shall be allowed his
necessary expenses for travel, board and lodging incurred in the
performance of his duties as such.
68511. The Judicial Council may prescribe by rule the form and
content of forms used in the courts of this state. When any such form
has been so prescribed by the Judicial Council, no court may use a
different form which has as its aim the same function as that for
which the Judicial Council's prescribed form is designed. The
Judicial Council shall report periodically to the Legislature any
statutory changes needed to achieve uniformity in the forms used in
the courts of this state.
68511.1. The Judicial Council shall prepare a pamphlet explaining
the nature of guardianship of a minor and the rights, duties, and
obligations of a person serving as guardian of a minor. The pamphlet
shall be prepared in English and Spanish in language easily
understood by a lay person not trained in law. Pamphlets shall be
distributed to the superior courts in the state for use in
guardianships established pursuant to Section 366.25 of the Welfare
and Institutions Code and for such other purposes as may be directed
or permitted by the Judicial Council.
68511.2. Notwithstanding any other provision of law, the Judicial
Council shall provide by rule for the photographic,
microphotographic, mechanical, or electronic entry, storage, and
retrieval of court records.
68511.5. Not later than January 1, 1985, the Judicial Council shall
adopt rules of court regulating the selection of appointed counsel,
other than the State Public Defender, to handle criminal appeals by
indigent defendants. These rules shall establish procedures for the
appointment of counsel in all appellate districts. In developing
these rules, the Judicial Council shall consider the need to include
screening of eligible appointees, the need to match the skills and
experience of the attorney with the demands of the case and the
process by which this might be done, and the need or desirability of
evaluating an attorney's performance before assigning the attorney to
another case. Further, in developing these rules, the Judicial
Council shall consult with local bar associations and the Office of
the State Public Defender.
68511.6. The Judicial Council shall adopt appropriate rules
providing for notice to the public and for public input to decisions
concerning administrative and financial functions of a trial court,
including, but not limited to, decisions relating to the budget of
the trial court prior to submittal to the Judicial Council and
subsequent to budget approval. The Judicial Council shall also adopt
appropriate rules requiring trial courts to give notice to the public
of other appropriate decisions concerning the administrative and
financial functions of the trial courts. The provisions of this
section do not apply to the judicial or adjudicative functions of the
trial courts or to the assignment of judges.
68511.8. (a) On or before December 1 of each year until project
completion, the Judicial Council shall provide an annual status
report to the chairperson of the budget committee in each house of
the Legislature and the chairperson of the Joint Legislative Budget
Committee with regard to the California Case Management System and
Court Accounting and Reporting System. The report shall include, but
is not limited to, all of the following:
(1) Project accomplishments to date.
(2) Project activities underway.
(3) Proposed activities.
(4) Annual revenues and expenditures to date in support of these
projects, which shall include all costs for the Administrative Office
of the Courts and incremental court personnel, contracts, and
hardware and software.
(b) On or before December 1 of each year until project completion,
the Administrative Office of the Courts shall provide, on an annual
basis to the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, copies of any independent project oversight report for the
California Case Management System. The independent project oversight
report shall include, but is not limited to, a review and an
assessment of project activities, identification of deficiencies, and
recommendations to the Administrative Office of the Courts on how to
address those deficiencies. The Administrative Office of the Courts
shall include in the annual submission descriptions on actions taken
to address identified deficiencies.
(c) Within 18 months of fully implementing the California Case
Management System and the Court Accounting and Reporting System
projects, the Administrative Office of the Courts shall provide to
the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, a postimplementation evaluation report for each project.
The report shall include, but is not limited to, a summary of the
project background, project results, and an assessment of the
attainment of project objectives.
68511.9. (a) Notwithstanding any other law, the California Case
Management System, as well as all other administrative and
infrastructure information technology projects of the Judicial
Council or the courts with total costs estimated at more than five
million dollars ($5,000,000), shall be subject to the reviews and
recommendations of the office of the State Chief Information Officer.
The State Chief Information Officer shall submit a copy of those
reviews and recommendations to the Joint Legislative Budget
Committee.
(b) In conducting its review, the office of the State Chief
Information Officer shall do all of the following:
(1) Evaluate information technology projects based on the business
case justification, resources requirements, proposed technical
solution, project management, oversight and risk mitigation approach,
and compliance with statewide strategies, policies, and procedures.
Projects shall continue to be funded through the established Budget
Act.
(2) Consult with the Administrative Office of the Courts during
project planning to ensure that project proposals are based on
well-defined programmatic needs, clearly identify programmatic
benefits, and consider feasible alternatives to address the
identified needs and benefits consistent with statewide strategies,
policies, and procedures.
(3) Consult with the Administrative Office of the Courts to review
the project governance and management framework to ensure that it is
best designed for success and will serve as a resource throughout
the project implementation.
(4) Require the Administrative Office of the Courts to provide
information on information technology projects, including, but not
limited to, all of the following:
(A) The degree to which the project is within approved scope,
cost, and schedule.
(B) Project issues, risks, and corresponding mitigation efforts.
(C) The current estimated schedule and costs for project
completion.
68512. The Chairman of the Judicial Council, with the approval of
the Director of Finance, may adjust the salaries of the following
judicial officers by the same percent as is granted state employees
of comparable salary level as a general salary increase after July 1,
1969:
(a) The Clerk of the Supreme Court whose salary is set by Section
68841.
(b) The reporter of decisions for the Supreme Court and of the
courts of appeal whose salary is set by Section 68901.
68513. The Judicial Council shall provide for the uniform entry,
storage, and retrieval of court data relating to civil cases in
superior court other than limited civil cases by means provided for
in this section, in addition to any other data relating to court
administration, including all of the following:
(a) The category type of civil case, such as contract or personal
injury-death-property damage by motor vehicle.
(b) The time from filing of the action to settlement.
(c) The type of settlement procedure, if any, which contributed to
the settlement disposition.
(d) The character and amount of any settlement made as to each
party litigant, but preserving the confidentiality of such
information if the settlement is not otherwise public.
(e) The character and amount of any judgments rendered by court
and jury trials for comparison with settled cases.
(f) The extent to which damages prayed for compare to settlement
or judgment in character and amount.
(g) The extent to which collateral sources have contributed, or
will contribute, financially to satisfaction of the judgment or
settlement.
Provision for the uniform entry, storage, and retrieval of court
data may be by use of litigant statements or forms, if available, or
by collection and analysis of statistically reliable samples.
The Judicial Council shall report to the Legislature on or before
January 1, 1998, and annually thereafter on the uniform entry,
storage, and retrieval of court data as provided for in this section.
The Legislature shall evaluate and adjust the level of funds
available to pay the costs of automating trial court recordkeeping
systems, pursuant to Section 68090.8, for noncompliance with the
requirements of this section.
68516. (a) The Judicial Council is authorized to establish a
tax-exempt public benefit nonprofit corporation, or other tax-exempt
entity, qualified under federal and state law to raise revenues and
receive grants or other financial support from private or public
sources, for the purposes of undertaking or funding any lawful
activity authorized to be undertaken by the Judicial Council.
Financial support sought by the nonprofit corporation or other
tax-exempt entity shall be used solely for the governmental purposes
approved by the Judicial Council for activities within the scope of
authority of the Judicial Council.
(b) The Administrative Office of the Courts may provide
administrative support and oversight services to a tax-exempt public
benefit nonprofit corporation or other tax-exempt entity established
under this section. Any services provided shall be consistent with
current limitations and practices of public employment.
68518. With advice from law enforcement and domestic violence
groups, organizations representing the interests of parents, and
staff of the appropriate policy committees of the Legislature, on or
before January 1, 1999, the Judicial Council shall establish a
single, standard, uniform form to be used by all trial courts for
temporary restraining orders and restraining or protective orders
including orders involving child custody and visitation, and a
separate standardized form for emergency protective orders. The
Judicial Council shall also establish a standardized custody and
visitation attachment for use with these forms.
68525. (a) The board of supervisors of each county may require each
official reporter and official temporary reporter to:
(1) Maintain records of transcript production and related income
and expenses for inspection and auditing.
(2) Submit annual reports derived from the records, with a
verification of their accuracy.
(b) The reports shall be submitted in sealed envelopes to a
designated official and shall be reviewed only by those persons
having authority to inspect and audit the records and reports. The
records and reports of each reporter shall be confidential and shall
be reviewed only to derive composite data for setting a base salary
for the official reporters and official temporary reporters of each
court. The composite data shall be a matter of public record.
(c) Each such annual report shall include the following
information:
(1) The quantity and types of transcripts prepared by the official
reporters and official reporters pro tempore during the reporting
period.
(2) The fees charged and the fees collected for such transcripts.
(3) Expenses incurred by the reporters in connection with the
preparation of such transcripts.
(4) The amount of time the reporters have spent in attendance upon
the courts for the purpose of reporting proceedings, and the
compensation received for this purpose.
68526. (a) The Judicial Council shall conduct an analysis of the
cost incurred by trial courts related to the default prove up process
and report on the different methods trial courts use in processing
filings related to the default prove up process, as well as the
revenue generated by these filings. The Judicial Council shall also
compare the processes used by trial courts in filings related to the
default prove up process to best practices used in other states,
including, but not limited to, the use of electronic filing.
(b) The Legislative Analyst's Office shall review the Judicial
Council report, consult with stakeholders, consider the best
practices of other states, and make any recommendations to increase
efficiency, streamline the processes and turnaround times for filing
documents related to the default prove up process, and assess whether
any changes should be made to the fee structure for filings related
to the process. In conducting its analysis, the Legislative Analyst's
Office shall consider, among other factors it deems relevant,
whether electronic filing could be implemented as a tool to improve
the efficiency and turnaround times of the default prove up process.
(c) The Judicial Council shall provide its report to the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, and the Legislative Analyst's Office by September 30, 2011.
The Legislative Analyst's Office shall provide the Assembly Committee
on Budget and the Senate Committee on Budget and Fiscal Review its
recommendations no later than June 30, 2012.
(d) For the purposes of this section, the following definitions
apply:
(1) "Collections case" means an action for recovery of money owed
in a sum stated to be certain that is not more than twenty-five
thousand dollars ($25,000), exclusive of interest and attorney's
fees, arising from a transaction in which property, services, or
money were acquired on credit. "Collections case" does not include an
action seeking tort damages, punitive damages, recovery of real
property or personal property, a prejudgment writ of attachment, or
any action filed pursuant to the Family Code.
(2) "Default prove up process" means a request for entry of
default filed pursuant to Section 585 of the Code of Civil Procedure
in a collections case.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
68500. The Judicial Council may appoint and employ during its
pleasure such officers, assistants, 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. It may determine the
duties and fix and provide for the compensation of all such
officers, assistants, and other employees.
68500.1. The Judicial Council may prescribe the methods, means, and
standards for electronic collection of data related to court
administration, practice, and procedure.
68500.5. The annual salary of the Administrative Director of the
Courts shall be set by the chairperson of the Judicial Council and
shall be no less than the salary of a judge of the court of appeal,
and shall be paid out of appropriations for the support of the
Judicial Council.
The salary of a judge of a court of appeal means the salary of a
judge first appointed to the court of appeal after January 1, 1982.
68501. The chairman of the Judicial Council may appoint committees
composed of official court reporters, judges, retired judges,
attorneys and experts in specialized fields, or any combination
thereof, to advise with the Judicial Council in studying the
condition of business in the several courts and the means for
simplifying and improving the administration of justice and in the
performance of any other duties of the council authorized or imposed
by law.
68502. The committees may assemble information and make
recommendations to the Judicial Council, but shall not exercise any
of the powers vested in the council.
68502.5. (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
(1) The receipt of budget requests from the trial courts.
(2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
(3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance criteria
established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations, and on any other factors as determined
by the Judicial Council. This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency. The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
(5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to this
paragraph.
(6) The allocation of funds in the Trial Court Improvement Fund to
ensure equal access to trial courts by the public, to improve trial
court operations, and to meet trial court emergencies.
(7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office at least
15 days before the due date of any allocation.
(8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
(9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
(10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
(b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court or
county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county. The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
(c) The Judicial Council shall retain the ultimate responsibility
to adopt a budget and allocate funding for the trial courts and
perform the other activities listed in subdivision (a) that best
assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.
68502.7. Nothing in this chapter shall be construed to require the
state in any fiscal year to provide money for trial court costs from
any state fund that is in excess of the total amount available for
disbursement from that fund during the fiscal year. The Judicial
Council may reallocate moneys pursuant to Section 68502.5 if at any
time during the fiscal year it determines that the amount available
for disbursement from any state fund will be less than or greater
than the amount already allocated from that fund for that fiscal
year.
68503. Members of committees appointed pursuant to Section 68501
shall receive no compensation from the state for their services. When
called into session by the Chairperson of the Judicial Council,
members shall receive their actual and necessary expenses for travel,
board, and lodging, which shall be paid from the funds appropriated
to the use of the council. These expenses shall be approved in the
manner that the council directs, and shall be audited by the
Controller in accordance with the rules of the California Victim
Compensation and Government Claims Board.
68503.5. Whenever provision is made by law for appointment or
designation, by the Judicial Council or the chairman thereof, of
judges to serve on nonsalaried advisory committees, boards or
commissions the provision shall be deemed to authorize appointment or
designation of retired judges to serve on such committees, boards or
commissions.
68504. Upon receiving information of the death, removal, or
resignation of any justice of the Supreme Court or of the courts of
appeal, or a judge of the superior court, the Secretary of the
Judicial Council shall immediately give the Controller, the Judges'
Retirement System, and the Judges' Retirement System II written
notice of such death, removal, or resignation.
68505. The county clerks and clerks of all courts of record shall
cooperate with the Judicial Council. They shall keep such records and
make such reports to the council, in such manner and at such times,
as the Chair of the Judicial Council requires, respecting the
condition and manner of disposal of judicial business in their
respective courts.
68506. All salaries and expenses incurred by the council pursuant
to this article, including the necessary expenses for travel, board,
and lodging of the members of the council and its officers,
assistants, and other employees incurred in the performance of the
duties and business of the council, shall be paid from the funds
appropriated for the use of the council. The salaries and expenses
shall be approved in the manner that the council directs, and shall
be audited by the Controller in accordance with the rules of the
California Victim Compensation and Government Claims Board.
68506.5. The Judicial Council shall, after receiving comment from
the courts, court employee organizations, and other interested
groups, adopt fiscally responsible travel reimbursement policies,
procedures, and rates for the judicial branch that provide for
appropriate accountability.
68507. The Secretary of the Judicial Council shall purchase and
provide for the installation of the flag of the United States and the
Bear Flag of California in all the courtrooms of the Supreme Court
and the courts of appeal.
68508. No act of the Judicial Council shall be valid unless
concurred in by a majority of its members.
68509. The Judicial Council shall meet at the call of its chairman
or as otherwise provided by it.
68510. No member of the Judicial Council shall receive any
compensation for his services as such, but he shall be allowed his
necessary expenses for travel, board and lodging incurred in the
performance of his duties as such.
68511. The Judicial Council may prescribe by rule the form and
content of forms used in the courts of this state. When any such form
has been so prescribed by the Judicial Council, no court may use a
different form which has as its aim the same function as that for
which the Judicial Council's prescribed form is designed. The
Judicial Council shall report periodically to the Legislature any
statutory changes needed to achieve uniformity in the forms used in
the courts of this state.
68511.1. The Judicial Council shall prepare a pamphlet explaining
the nature of guardianship of a minor and the rights, duties, and
obligations of a person serving as guardian of a minor. The pamphlet
shall be prepared in English and Spanish in language easily
understood by a lay person not trained in law. Pamphlets shall be
distributed to the superior courts in the state for use in
guardianships established pursuant to Section 366.25 of the Welfare
and Institutions Code and for such other purposes as may be directed
or permitted by the Judicial Council.
68511.2. Notwithstanding any other provision of law, the Judicial
Council shall provide by rule for the photographic,
microphotographic, mechanical, or electronic entry, storage, and
retrieval of court records.
68511.5. Not later than January 1, 1985, the Judicial Council shall
adopt rules of court regulating the selection of appointed counsel,
other than the State Public Defender, to handle criminal appeals by
indigent defendants. These rules shall establish procedures for the
appointment of counsel in all appellate districts. In developing
these rules, the Judicial Council shall consider the need to include
screening of eligible appointees, the need to match the skills and
experience of the attorney with the demands of the case and the
process by which this might be done, and the need or desirability of
evaluating an attorney's performance before assigning the attorney to
another case. Further, in developing these rules, the Judicial
Council shall consult with local bar associations and the Office of
the State Public Defender.
68511.6. The Judicial Council shall adopt appropriate rules
providing for notice to the public and for public input to decisions
concerning administrative and financial functions of a trial court,
including, but not limited to, decisions relating to the budget of
the trial court prior to submittal to the Judicial Council and
subsequent to budget approval. The Judicial Council shall also adopt
appropriate rules requiring trial courts to give notice to the public
of other appropriate decisions concerning the administrative and
financial functions of the trial courts. The provisions of this
section do not apply to the judicial or adjudicative functions of the
trial courts or to the assignment of judges.
68511.8. (a) On or before December 1 of each year until project
completion, the Judicial Council shall provide an annual status
report to the chairperson of the budget committee in each house of
the Legislature and the chairperson of the Joint Legislative Budget
Committee with regard to the California Case Management System and
Court Accounting and Reporting System. The report shall include, but
is not limited to, all of the following:
(1) Project accomplishments to date.
(2) Project activities underway.
(3) Proposed activities.
(4) Annual revenues and expenditures to date in support of these
projects, which shall include all costs for the Administrative Office
of the Courts and incremental court personnel, contracts, and
hardware and software.
(b) On or before December 1 of each year until project completion,
the Administrative Office of the Courts shall provide, on an annual
basis to the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, copies of any independent project oversight report for the
California Case Management System. The independent project oversight
report shall include, but is not limited to, a review and an
assessment of project activities, identification of deficiencies, and
recommendations to the Administrative Office of the Courts on how to
address those deficiencies. The Administrative Office of the Courts
shall include in the annual submission descriptions on actions taken
to address identified deficiencies.
(c) Within 18 months of fully implementing the California Case
Management System and the Court Accounting and Reporting System
projects, the Administrative Office of the Courts shall provide to
the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, a postimplementation evaluation report for each project.
The report shall include, but is not limited to, a summary of the
project background, project results, and an assessment of the
attainment of project objectives.
68511.9. (a) Notwithstanding any other law, the California Case
Management System, as well as all other administrative and
infrastructure information technology projects of the Judicial
Council or the courts with total costs estimated at more than five
million dollars ($5,000,000), shall be subject to the reviews and
recommendations of the office of the State Chief Information Officer.
The State Chief Information Officer shall submit a copy of those
reviews and recommendations to the Joint Legislative Budget
Committee.
(b) In conducting its review, the office of the State Chief
Information Officer shall do all of the following:
(1) Evaluate information technology projects based on the business
case justification, resources requirements, proposed technical
solution, project management, oversight and risk mitigation approach,
and compliance with statewide strategies, policies, and procedures.
Projects shall continue to be funded through the established Budget
Act.
(2) Consult with the Administrative Office of the Courts during
project planning to ensure that project proposals are based on
well-defined programmatic needs, clearly identify programmatic
benefits, and consider feasible alternatives to address the
identified needs and benefits consistent with statewide strategies,
policies, and procedures.
(3) Consult with the Administrative Office of the Courts to review
the project governance and management framework to ensure that it is
best designed for success and will serve as a resource throughout
the project implementation.
(4) Require the Administrative Office of the Courts to provide
information on information technology projects, including, but not
limited to, all of the following:
(A) The degree to which the project is within approved scope,
cost, and schedule.
(B) Project issues, risks, and corresponding mitigation efforts.
(C) The current estimated schedule and costs for project
completion.
68512. The Chairman of the Judicial Council, with the approval of
the Director of Finance, may adjust the salaries of the following
judicial officers by the same percent as is granted state employees
of comparable salary level as a general salary increase after July 1,
1969:
(a) The Clerk of the Supreme Court whose salary is set by Section
68841.
(b) The reporter of decisions for the Supreme Court and of the
courts of appeal whose salary is set by Section 68901.
68513. The Judicial Council shall provide for the uniform entry,
storage, and retrieval of court data relating to civil cases in
superior court other than limited civil cases by means provided for
in this section, in addition to any other data relating to court
administration, including all of the following:
(a) The category type of civil case, such as contract or personal
injury-death-property damage by motor vehicle.
(b) The time from filing of the action to settlement.
(c) The type of settlement procedure, if any, which contributed to
the settlement disposition.
(d) The character and amount of any settlement made as to each
party litigant, but preserving the confidentiality of such
information if the settlement is not otherwise public.
(e) The character and amount of any judgments rendered by court
and jury trials for comparison with settled cases.
(f) The extent to which damages prayed for compare to settlement
or judgment in character and amount.
(g) The extent to which collateral sources have contributed, or
will contribute, financially to satisfaction of the judgment or
settlement.
Provision for the uniform entry, storage, and retrieval of court
data may be by use of litigant statements or forms, if available, or
by collection and analysis of statistically reliable samples.
The Judicial Council shall report to the Legislature on or before
January 1, 1998, and annually thereafter on the uniform entry,
storage, and retrieval of court data as provided for in this section.
The Legislature shall evaluate and adjust the level of funds
available to pay the costs of automating trial court recordkeeping
systems, pursuant to Section 68090.8, for noncompliance with the
requirements of this section.
68516. (a) The Judicial Council is authorized to establish a
tax-exempt public benefit nonprofit corporation, or other tax-exempt
entity, qualified under federal and state law to raise revenues and
receive grants or other financial support from private or public
sources, for the purposes of undertaking or funding any lawful
activity authorized to be undertaken by the Judicial Council.
Financial support sought by the nonprofit corporation or other
tax-exempt entity shall be used solely for the governmental purposes
approved by the Judicial Council for activities within the scope of
authority of the Judicial Council.
(b) The Administrative Office of the Courts may provide
administrative support and oversight services to a tax-exempt public
benefit nonprofit corporation or other tax-exempt entity established
under this section. Any services provided shall be consistent with
current limitations and practices of public employment.
68518. With advice from law enforcement and domestic violence
groups, organizations representing the interests of parents, and
staff of the appropriate policy committees of the Legislature, on or
before January 1, 1999, the Judicial Council shall establish a
single, standard, uniform form to be used by all trial courts for
temporary restraining orders and restraining or protective orders
including orders involving child custody and visitation, and a
separate standardized form for emergency protective orders. The
Judicial Council shall also establish a standardized custody and
visitation attachment for use with these forms.
68525. (a) The board of supervisors of each county may require each
official reporter and official temporary reporter to:
(1) Maintain records of transcript production and related income
and expenses for inspection and auditing.
(2) Submit annual reports derived from the records, with a
verification of their accuracy.
(b) The reports shall be submitted in sealed envelopes to a
designated official and shall be reviewed only by those persons
having authority to inspect and audit the records and reports. The
records and reports of each reporter shall be confidential and shall
be reviewed only to derive composite data for setting a base salary
for the official reporters and official temporary reporters of each
court. The composite data shall be a matter of public record.
(c) Each such annual report shall include the following
information:
(1) The quantity and types of transcripts prepared by the official
reporters and official reporters pro tempore during the reporting
period.
(2) The fees charged and the fees collected for such transcripts.
(3) Expenses incurred by the reporters in connection with the
preparation of such transcripts.
(4) The amount of time the reporters have spent in attendance upon
the courts for the purpose of reporting proceedings, and the
compensation received for this purpose.
68526. (a) The Judicial Council shall conduct an analysis of the
cost incurred by trial courts related to the default prove up process
and report on the different methods trial courts use in processing
filings related to the default prove up process, as well as the
revenue generated by these filings. The Judicial Council shall also
compare the processes used by trial courts in filings related to the
default prove up process to best practices used in other states,
including, but not limited to, the use of electronic filing.
(b) The Legislative Analyst's Office shall review the Judicial
Council report, consult with stakeholders, consider the best
practices of other states, and make any recommendations to increase
efficiency, streamline the processes and turnaround times for filing
documents related to the default prove up process, and assess whether
any changes should be made to the fee structure for filings related
to the process. In conducting its analysis, the Legislative Analyst's
Office shall consider, among other factors it deems relevant,
whether electronic filing could be implemented as a tool to improve
the efficiency and turnaround times of the default prove up process.
(c) The Judicial Council shall provide its report to the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, and the Legislative Analyst's Office by September 30, 2011.
The Legislative Analyst's Office shall provide the Assembly Committee
on Budget and the Senate Committee on Budget and Fiscal Review its
recommendations no later than June 30, 2012.
(d) For the purposes of this section, the following definitions
apply:
(1) "Collections case" means an action for recovery of money owed
in a sum stated to be certain that is not more than twenty-five
thousand dollars ($25,000), exclusive of interest and attorney's
fees, arising from a transaction in which property, services, or
money were acquired on credit. "Collections case" does not include an
action seeking tort damages, punitive damages, recovery of real
property or personal property, a prejudgment writ of attachment, or
any action filed pursuant to the Family Code.
(2) "Default prove up process" means a request for entry of
default filed pursuant to Section 585 of the Code of Civil Procedure
in a collections case.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
68500. The Judicial Council may appoint and employ during its
pleasure such officers, assistants, 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. It may determine the
duties and fix and provide for the compensation of all such
officers, assistants, and other employees.
68500.1. The Judicial Council may prescribe the methods, means, and
standards for electronic collection of data related to court
administration, practice, and procedure.
68500.5. The annual salary of the Administrative Director of the
Courts shall be set by the chairperson of the Judicial Council and
shall be no less than the salary of a judge of the court of appeal,
and shall be paid out of appropriations for the support of the
Judicial Council.
The salary of a judge of a court of appeal means the salary of a
judge first appointed to the court of appeal after January 1, 1982.
68501. The chairman of the Judicial Council may appoint committees
composed of official court reporters, judges, retired judges,
attorneys and experts in specialized fields, or any combination
thereof, to advise with the Judicial Council in studying the
condition of business in the several courts and the means for
simplifying and improving the administration of justice and in the
performance of any other duties of the council authorized or imposed
by law.
68502. The committees may assemble information and make
recommendations to the Judicial Council, but shall not exercise any
of the powers vested in the council.
68502.5. (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
(1) The receipt of budget requests from the trial courts.
(2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
(3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court. This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance criteria
established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations, and on any other factors as determined
by the Judicial Council. This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency. The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
(5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies. Neither
the state nor the counties shall have any obligation to replace
moneys appropriated for trial courts and reallocated pursuant to this
paragraph.
(6) The allocation of funds in the Trial Court Improvement Fund to
ensure equal access to trial courts by the public, to improve trial
court operations, and to meet trial court emergencies.
(7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office at least
15 days before the due date of any allocation.
(8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
(9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
(10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
(b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets. The procedures shall include, upon the request of a court or
county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county. The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
(c) The Judicial Council shall retain the ultimate responsibility
to adopt a budget and allocate funding for the trial courts and
perform the other activities listed in subdivision (a) that best
assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.
68502.7. Nothing in this chapter shall be construed to require the
state in any fiscal year to provide money for trial court costs from
any state fund that is in excess of the total amount available for
disbursement from that fund during the fiscal year. The Judicial
Council may reallocate moneys pursuant to Section 68502.5 if at any
time during the fiscal year it determines that the amount available
for disbursement from any state fund will be less than or greater
than the amount already allocated from that fund for that fiscal
year.
68503. Members of committees appointed pursuant to Section 68501
shall receive no compensation from the state for their services. When
called into session by the Chairperson of the Judicial Council,
members shall receive their actual and necessary expenses for travel,
board, and lodging, which shall be paid from the funds appropriated
to the use of the council. These expenses shall be approved in the
manner that the council directs, and shall be audited by the
Controller in accordance with the rules of the California Victim
Compensation and Government Claims Board.
68503.5. Whenever provision is made by law for appointment or
designation, by the Judicial Council or the chairman thereof, of
judges to serve on nonsalaried advisory committees, boards or
commissions the provision shall be deemed to authorize appointment or
designation of retired judges to serve on such committees, boards or
commissions.
68504. Upon receiving information of the death, removal, or
resignation of any justice of the Supreme Court or of the courts of
appeal, or a judge of the superior court, the Secretary of the
Judicial Council shall immediately give the Controller, the Judges'
Retirement System, and the Judges' Retirement System II written
notice of such death, removal, or resignation.
68505. The county clerks and clerks of all courts of record shall
cooperate with the Judicial Council. They shall keep such records and
make such reports to the council, in such manner and at such times,
as the Chair of the Judicial Council requires, respecting the
condition and manner of disposal of judicial business in their
respective courts.
68506. All salaries and expenses incurred by the council pursuant
to this article, including the necessary expenses for travel, board,
and lodging of the members of the council and its officers,
assistants, and other employees incurred in the performance of the
duties and business of the council, shall be paid from the funds
appropriated for the use of the council. The salaries and expenses
shall be approved in the manner that the council directs, and shall
be audited by the Controller in accordance with the rules of the
California Victim Compensation and Government Claims Board.
68506.5. The Judicial Council shall, after receiving comment from
the courts, court employee organizations, and other interested
groups, adopt fiscally responsible travel reimbursement policies,
procedures, and rates for the judicial branch that provide for
appropriate accountability.
68507. The Secretary of the Judicial Council shall purchase and
provide for the installation of the flag of the United States and the
Bear Flag of California in all the courtrooms of the Supreme Court
and the courts of appeal.
68508. No act of the Judicial Council shall be valid unless
concurred in by a majority of its members.
68509. The Judicial Council shall meet at the call of its chairman
or as otherwise provided by it.
68510. No member of the Judicial Council shall receive any
compensation for his services as such, but he shall be allowed his
necessary expenses for travel, board and lodging incurred in the
performance of his duties as such.
68511. The Judicial Council may prescribe by rule the form and
content of forms used in the courts of this state. When any such form
has been so prescribed by the Judicial Council, no court may use a
different form which has as its aim the same function as that for
which the Judicial Council's prescribed form is designed. The
Judicial Council shall report periodically to the Legislature any
statutory changes needed to achieve uniformity in the forms used in
the courts of this state.
68511.1. The Judicial Council shall prepare a pamphlet explaining
the nature of guardianship of a minor and the rights, duties, and
obligations of a person serving as guardian of a minor. The pamphlet
shall be prepared in English and Spanish in language easily
understood by a lay person not trained in law. Pamphlets shall be
distributed to the superior courts in the state for use in
guardianships established pursuant to Section 366.25 of the Welfare
and Institutions Code and for such other purposes as may be directed
or permitted by the Judicial Council.
68511.2. Notwithstanding any other provision of law, the Judicial
Council shall provide by rule for the photographic,
microphotographic, mechanical, or electronic entry, storage, and
retrieval of court records.
68511.5. Not later than January 1, 1985, the Judicial Council shall
adopt rules of court regulating the selection of appointed counsel,
other than the State Public Defender, to handle criminal appeals by
indigent defendants. These rules shall establish procedures for the
appointment of counsel in all appellate districts. In developing
these rules, the Judicial Council shall consider the need to include
screening of eligible appointees, the need to match the skills and
experience of the attorney with the demands of the case and the
process by which this might be done, and the need or desirability of
evaluating an attorney's performance before assigning the attorney to
another case. Further, in developing these rules, the Judicial
Council shall consult with local bar associations and the Office of
the State Public Defender.
68511.6. The Judicial Council shall adopt appropriate rules
providing for notice to the public and for public input to decisions
concerning administrative and financial functions of a trial court,
including, but not limited to, decisions relating to the budget of
the trial court prior to submittal to the Judicial Council and
subsequent to budget approval. The Judicial Council shall also adopt
appropriate rules requiring trial courts to give notice to the public
of other appropriate decisions concerning the administrative and
financial functions of the trial courts. The provisions of this
section do not apply to the judicial or adjudicative functions of the
trial courts or to the assignment of judges.
68511.8. (a) On or before December 1 of each year until project
completion, the Judicial Council shall provide an annual status
report to the chairperson of the budget committee in each house of
the Legislature and the chairperson of the Joint Legislative Budget
Committee with regard to the California Case Management System and
Court Accounting and Reporting System. The report shall include, but
is not limited to, all of the following:
(1) Project accomplishments to date.
(2) Project activities underway.
(3) Proposed activities.
(4) Annual revenues and expenditures to date in support of these
projects, which shall include all costs for the Administrative Office
of the Courts and incremental court personnel, contracts, and
hardware and software.
(b) On or before December 1 of each year until project completion,
the Administrative Office of the Courts shall provide, on an annual
basis to the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, copies of any independent project oversight report for the
California Case Management System. The independent project oversight
report shall include, but is not limited to, a review and an
assessment of project activities, identification of deficiencies, and
recommendations to the Administrative Office of the Courts on how to
address those deficiencies. The Administrative Office of the Courts
shall include in the annual submission descriptions on actions taken
to address identified deficiencies.
(c) Within 18 months of fully implementing the California Case
Management System and the Court Accounting and Reporting System
projects, the Administrative Office of the Courts shall provide to
the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, a postimplementation evaluation report for each project.
The report shall include, but is not limited to, a summary of the
project background, project results, and an assessment of the
attainment of project objectives.
68511.9. (a) Notwithstanding any other law, the California Case
Management System, as well as all other administrative and
infrastructure information technology projects of the Judicial
Council or the courts with total costs estimated at more than five
million dollars ($5,000,000), shall be subject to the reviews and
recommendations of the office of the State Chief Information Officer.
The State Chief Information Officer shall submit a copy of those
reviews and recommendations to the Joint Legislative Budget
Committee.
(b) In conducting its review, the office of the State Chief
Information Officer shall do all of the following:
(1) Evaluate information technology projects based on the business
case justification, resources requirements, proposed technical
solution, project management, oversight and risk mitigation approach,
and compliance with statewide strategies, policies, and procedures.
Projects shall continue to be funded through the established Budget
Act.
(2) Consult with the Administrative Office of the Courts during
project planning to ensure that project proposals are based on
well-defined programmatic needs, clearly identify programmatic
benefits, and consider feasible alternatives to address the
identified needs and benefits consistent with statewide strategies,
policies, and procedures.
(3) Consult with the Administrative Office of the Courts to review
the project governance and management framework to ensure that it is
best designed for success and will serve as a resource throughout
the project implementation.
(4) Require the Administrative Office of the Courts to provide
information on information technology projects, including, but not
limited to, all of the following:
(A) The degree to which the project is within approved scope,
cost, and schedule.
(B) Project issues, risks, and corresponding mitigation efforts.
(C) The current estimated schedule and costs for project
completion.
68512. The Chairman of the Judicial Council, with the approval of
the Director of Finance, may adjust the salaries of the following
judicial officers by the same percent as is granted state employees
of comparable salary level as a general salary increase after July 1,
1969:
(a) The Clerk of the Supreme Court whose salary is set by Section
68841.
(b) The reporter of decisions for the Supreme Court and of the
courts of appeal whose salary is set by Section 68901.
68513. The Judicial Council shall provide for the uniform entry,
storage, and retrieval of court data relating to civil cases in
superior court other than limited civil cases by means provided for
in this section, in addition to any other data relating to court
administration, including all of the following:
(a) The category type of civil case, such as contract or personal
injury-death-property damage by motor vehicle.
(b) The time from filing of the action to settlement.
(c) The type of settlement procedure, if any, which contributed to
the settlement disposition.
(d) The character and amount of any settlement made as to each
party litigant, but preserving the confidentiality of such
information if the settlement is not otherwise public.
(e) The character and amount of any judgments rendered by court
and jury trials for comparison with settled cases.
(f) The extent to which damages prayed for compare to settlement
or judgment in character and amount.
(g) The extent to which collateral sources have contributed, or
will contribute, financially to satisfaction of the judgment or
settlement.
Provision for the uniform entry, storage, and retrieval of court
data may be by use of litigant statements or forms, if available, or
by collection and analysis of statistically reliable samples.
The Judicial Council shall report to the Legislature on or before
January 1, 1998, and annually thereafter on the uniform entry,
storage, and retrieval of court data as provided for in this section.
The Legislature shall evaluate and adjust the level of funds
available to pay the costs of automating trial court recordkeeping
systems, pursuant to Section 68090.8, for noncompliance with the
requirements of this section.
68516. (a) The Judicial Council is authorized to establish a
tax-exempt public benefit nonprofit corporation, or other tax-exempt
entity, qualified under federal and state law to raise revenues and
receive grants or other financial support from private or public
sources, for the purposes of undertaking or funding any lawful
activity authorized to be undertaken by the Judicial Council.
Financial support sought by the nonprofit corporation or other
tax-exempt entity shall be used solely for the governmental purposes
approved by the Judicial Council for activities within the scope of
authority of the Judicial Council.
(b) The Administrative Office of the Courts may provide
administrative support and oversight services to a tax-exempt public
benefit nonprofit corporation or other tax-exempt entity established
under this section. Any services provided shall be consistent with
current limitations and practices of public employment.
68518. With advice from law enforcement and domestic violence
groups, organizations representing the interests of parents, and
staff of the appropriate policy committees of the Legislature, on or
before January 1, 1999, the Judicial Council shall establish a
single, standard, uniform form to be used by all trial courts for
temporary restraining orders and restraining or protective orders
including orders involving child custody and visitation, and a
separate standardized form for emergency protective orders. The
Judicial Council shall also establish a standardized custody and
visitation attachment for use with these forms.
68525. (a) The board of supervisors of each county may require each
official reporter and official temporary reporter to:
(1) Maintain records of transcript production and related income
and expenses for inspection and auditing.
(2) Submit annual reports derived from the records, with a
verification of their accuracy.
(b) The reports shall be submitted in sealed envelopes to a
designated official and shall be reviewed only by those persons
having authority to inspect and audit the records and reports. The
records and reports of each reporter shall be confidential and shall
be reviewed only to derive composite data for setting a base salary
for the official reporters and official temporary reporters of each
court. The composite data shall be a matter of public record.
(c) Each such annual report shall include the following
information:
(1) The quantity and types of transcripts prepared by the official
reporters and official reporters pro tempore during the reporting
period.
(2) The fees charged and the fees collected for such transcripts.
(3) Expenses incurred by the reporters in connection with the
preparation of such transcripts.
(4) The amount of time the reporters have spent in attendance upon
the courts for the purpose of reporting proceedings, and the
compensation received for this purpose.
68526. (a) The Judicial Council shall conduct an analysis of the
cost incurred by trial courts related to the default prove up process
and report on the different methods trial courts use in processing
filings related to the default prove up process, as well as the
revenue generated by these filings. The Judicial Council shall also
compare the processes used by trial courts in filings related to the
default prove up process to best practices used in other states,
including, but not limited to, the use of electronic filing.
(b) The Legislative Analyst's Office shall review the Judicial
Council report, consult with stakeholders, consider the best
practices of other states, and make any recommendations to increase
efficiency, streamline the processes and turnaround times for filing
documents related to the default prove up process, and assess whether
any changes should be made to the fee structure for filings related
to the process. In conducting its analysis, the Legislative Analyst's
Office shall consider, among other factors it deems relevant,
whether electronic filing could be implemented as a tool to improve
the efficiency and turnaround times of the default prove up process.
(c) The Judicial Council shall provide its report to the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, and the Legislative Analyst's Office by September 30, 2011.
The Legislative Analyst's Office shall provide the Assembly Committee
on Budget and the Senate Committee on Budget and Fiscal Review its
recommendations no later than June 30, 2012.
(d) For the purposes of this section, the following definitions
apply:
(1) "Collections case" means an action for recovery of money owed
in a sum stated to be certain that is not more than twenty-five
thousand dollars ($25,000), exclusive of interest and attorney's
fees, arising from a transaction in which property, services, or
money were acquired on credit. "Collections case" does not include an
action seeking tort damages, punitive damages, recovery of real
property or personal property, a prejudgment writ of attachment, or
any action filed pursuant to the Family Code.
(2) "Default prove up process" means a request for entry of
default filed pursuant to Section 585 of the Code of Civil Procedure
in a collections case.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
