SECTIONS 68500-68526

68500.  The Judicial Council may appoint and employ during itspleasure such officers, assistants, and other employees as it deemsnecessary for the performance of the duties and exercise of thepowers conferred by law upon it and its members. It may determine theduties and fix and provide for the compensation of all suchofficers, assistants, and other employees.68500.1.  The Judicial Council may prescribe the methods, means, andstandards for electronic collection of data related to courtadministration, practice, and procedure.68500.5.  The annual salary of the Administrative Director of theCourts shall be set by the chairperson of the Judicial Council andshall 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 theJudicial Council. The salary of a judge of a court of appeal means the salary of ajudge first appointed to the court of appeal after January 1, 1982.68501.  The chairman of the Judicial Council may appoint committeescomposed of official court reporters, judges, retired judges,attorneys and experts in specialized fields, or any combinationthereof, to advise with the Judicial Council in studying thecondition of business in the several courts and the means forsimplifying and improving the administration of justice and in theperformance of any other duties of the council authorized or imposedby law.68502.  The committees may assemble information and makerecommendations to the Judicial Council, but shall not exercise anyof the powers vested in the council.68502.5.  (a) The Judicial Council may, as part of its trial courtbudget process, seek input from groups and individuals as it deemsappropriate including, but not limited to, advisory committees andthe Administrative Director of the Courts. The trial court budgetprocess 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 evaluatethem against performance criteria established by the Judicial Councilby which a court's performance, level of coordination, andefficiency can be measured. (3) The annual adoption of the projected cost in the subsequentfiscal year of court operations as defined in Section 77003 for eachtrial court. This estimation shall serve as a basis for recommendedcourt budgets, which shall be developed for comparison purposes andto delineate funding responsibilities. (4) The annual approval of a schedule for the allocation of moneysto individual courts and an overall trial court budget forforwarding to the Governor for inclusion in the Governor's proposedState Budget. The schedule shall be based on the performance criteriaestablished pursuant to paragraph (2), on a minimum standardestablished by the Judicial Council for the operation and staffing ofall trial court operations, and on any other factors as determinedby the Judicial Council. This minimum standard shall be modeled oncourt operations using all reasonable and available measures toincrease court efficiency. The schedule of allocations shall assurethat all trial courts receive funding for the minimum operating andstaffing standards before funding operating and staffing requestsabove the minimum standards, and shall include incentives and rewardsfor any trial court's implementation of efficiencies and cost savingmeasures. (5) The reallocation of funds during the course of the fiscal yearto ensure equal access to the trial courts by the public, to improvetrial court operations, and to meet trial court emergencies. Neitherthe state nor the counties shall have any obligation to replacemoneys appropriated for trial courts and reallocated pursuant to thisparagraph. (6) The allocation of funds in the Trial Court Improvement Fund toensure equal access to trial courts by the public, to improve trialcourt 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 allocationschedules for payments to the trial courts, consistent with Section68085, which shall be submitted to the Controller's office at least15 days before the due date of any allocation. (8) The establishment of rules regarding a court's authority totransfer trial court funding moneys from one functional category toanother in order to address needs in any functional category. (9) At the request of the presiding judge of a trial court, anindependent review of the funding level of the court to determinewhether it is adequate to enable the court to discharge its statutoryand constitutional responsibilities. (10) From time to time, a review of the level of fees charged bythe courts for various services and prepare recommended adjustmentsfor forwarding to the Legislature. (11) Provisions set forth in rules adopted pursuant to Section77206 of the Government Code. (b) Courts and counties shall establish procedures to allow forthe sharing of information as it relates to approved budget proposalsand expenditures that impact the respective court and countybudgets. The procedures shall include, upon the request of a court orcounty, that a respective court or county shall provide therequesting court or county a copy of its approved budget and, to theextent possible, approved program expenditure component informationand a description of budget changes that are anticipated to have animpact on the requesting court or county. The Judicial Council shallprovide to the Legislature on December 31, 2001, and yearlythereafter, budget expenditure data at the program component levelfor each court. (c) The Judicial Council shall retain the ultimate responsibilityto adopt a budget and allocate funding for the trial courts andperform the other activities listed in subdivision (a) that bestassure their ability to carry out their functions, promoteimplementation of statewide policies, and promote the immediateimplementation of efficiencies and cost saving measures in courtoperations, in order to guarantee equal access to the courts.68502.7.  Nothing in this chapter shall be construed to require thestate in any fiscal year to provide money for trial court costs fromany state fund that is in excess of the total amount available fordisbursement from that fund during the fiscal year. The JudicialCouncil may reallocate moneys pursuant to Section 68502.5 if at anytime during the fiscal year it determines that the amount availablefor disbursement from any state fund will be less than or greaterthan the amount already allocated from that fund for that fiscalyear.68503.  Members of committees appointed pursuant to Section 68501shall receive no compensation from the state for their services. Whencalled 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 appropriatedto the use of the council. These expenses shall be approved in themanner that the council directs, and shall be audited by theController in accordance with the rules of the California VictimCompensation and Government Claims Board.68503.5.  Whenever provision is made by law for appointment ordesignation, by the Judicial Council or the chairman thereof, ofjudges to serve on nonsalaried advisory committees, boards orcommissions the provision shall be deemed to authorize appointment ordesignation of retired judges to serve on such committees, boards orcommissions.68504.  Upon receiving information of the death, removal, orresignation of any justice of the Supreme Court or of the courts ofappeal, or a judge of the superior court, the Secretary of theJudicial Council shall immediately give the Controller, the Judges'Retirement System, and the Judges' Retirement System II writtennotice of such death, removal, or resignation.68505.  The county clerks and clerks of all courts of record shallcooperate with the Judicial Council. They shall keep such records andmake such reports to the council, in such manner and at such times,as the Chair of the Judicial Council requires, respecting thecondition and manner of disposal of judicial business in theirrespective courts.68506.  All salaries and expenses incurred by the council pursuantto 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 theduties and business of the council, shall be paid from the fundsappropriated for the use of the council. The salaries and expensesshall be approved in the manner that the council directs, and shallbe audited by the Controller in accordance with the rules of theCalifornia Victim Compensation and Government Claims Board.68506.5.  The Judicial Council shall, after receiving comment fromthe courts, court employee organizations, and other interestedgroups, adopt fiscally responsible travel reimbursement policies,procedures, and rates for the judicial branch that provide forappropriate accountability.68507.  The Secretary of the Judicial Council shall purchase andprovide for the installation of the flag of the United States and theBear Flag of California in all the courtrooms of the Supreme Courtand the courts of appeal.68508.  No act of the Judicial Council shall be valid unlessconcurred in by a majority of its members.68509.  The Judicial Council shall meet at the call of its chairmanor as otherwise provided by it.68510.  No member of the Judicial Council shall receive anycompensation for his services as such, but he shall be allowed hisnecessary expenses for travel, board and lodging incurred in theperformance of his duties as such.68511.  The Judicial Council may prescribe by rule the form andcontent of forms used in the courts of this state. When any such formhas been so prescribed by the Judicial Council, no court may use adifferent form which has as its aim the same function as that forwhich the Judicial Council's prescribed form is designed. TheJudicial Council shall report periodically to the Legislature anystatutory changes needed to achieve uniformity in the forms used inthe courts of this state.68511.1.  The Judicial Council shall prepare a pamphlet explainingthe nature of guardianship of a minor and the rights, duties, andobligations of a person serving as guardian of a minor. The pamphletshall be prepared in English and Spanish in language easilyunderstood by a lay person not trained in law. Pamphlets shall bedistributed to the superior courts in the state for use inguardianships established pursuant to Section 366.25 of the Welfareand Institutions Code and for such other purposes as may be directedor permitted by the Judicial Council.68511.2.  Notwithstanding any other provision of law, the JudicialCouncil shall provide by rule for the photographic,microphotographic, mechanical, or electronic entry, storage, andretrieval of court records.68511.5.  Not later than January 1, 1985, the Judicial Council shalladopt rules of court regulating the selection of appointed counsel,other than the State Public Defender, to handle criminal appeals byindigent defendants. These rules shall establish procedures for theappointment of counsel in all appellate districts. In developingthese rules, the Judicial Council shall consider the need to includescreening of eligible appointees, the need to match the skills andexperience of the attorney with the demands of the case and theprocess by which this might be done, and the need or desirability ofevaluating an attorney's performance before assigning the attorney toanother case. Further, in developing these rules, the JudicialCouncil shall consult with local bar associations and the Office ofthe State Public Defender.68511.6.  The Judicial Council shall adopt appropriate rulesproviding for notice to the public and for public input to decisionsconcerning administrative and financial functions of a trial court,including, but not limited to, decisions relating to the budget ofthe trial court prior to submittal to the Judicial Council andsubsequent to budget approval. The Judicial Council shall also adoptappropriate rules requiring trial courts to give notice to the publicof other appropriate decisions concerning the administrative andfinancial functions of the trial courts. The provisions of thissection do not apply to the judicial or adjudicative functions of thetrial courts or to the assignment of judges.68511.8.  (a) On or before December 1 of each year until projectcompletion, the Judicial Council shall provide an annual statusreport to the chairperson of the budget committee in each house ofthe Legislature and the chairperson of the Joint Legislative BudgetCommittee with regard to the California Case Management System andCourt Accounting and Reporting System. The report shall include, butis 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 theseprojects, which shall include all costs for the Administrative Officeof the Courts and incremental court personnel, contracts, andhardware and software. (b) On or before December 1 of each year until project completion,the Administrative Office of the Courts shall provide, on an annualbasis to the chairperson of the budget committee in each house of theLegislature and the chairperson of the Joint Legislative BudgetCommittee, copies of any independent project oversight report for theCalifornia Case Management System. The independent project oversightreport shall include, but is not limited to, a review and anassessment of project activities, identification of deficiencies, andrecommendations to the Administrative Office of the Courts on how toaddress those deficiencies. The Administrative Office of the Courtsshall include in the annual submission descriptions on actions takento address identified deficiencies. (c) Within 18 months of fully implementing the California CaseManagement System and the Court Accounting and Reporting Systemprojects, the Administrative Office of the Courts shall provide tothe chairperson of the budget committee in each house of theLegislature and the chairperson of the Joint Legislative BudgetCommittee, a postimplementation evaluation report for each project.The report shall include, but is not limited to, a summary of theproject background, project results, and an assessment of theattainment of project objectives.68511.9.  (a) Notwithstanding any other law, the California CaseManagement System, as well as all other administrative andinfrastructure information technology projects of the JudicialCouncil or the courts with total costs estimated at more than fivemillion dollars ($5,000,000), shall be subject to the reviews andrecommendations of the office of the State Chief Information Officer.The State Chief Information Officer shall submit a copy of thosereviews and recommendations to the Joint Legislative BudgetCommittee. (b) In conducting its review, the office of the State ChiefInformation Officer shall do all of the following: (1) Evaluate information technology projects based on the businesscase justification, resources requirements, proposed technicalsolution, project management, oversight and risk mitigation approach,and compliance with statewide strategies, policies, and procedures.Projects shall continue to be funded through the established BudgetAct. (2) Consult with the Administrative Office of the Courts duringproject planning to ensure that project proposals are based onwell-defined programmatic needs, clearly identify programmaticbenefits, and consider feasible alternatives to address theidentified needs and benefits consistent with statewide strategies,policies, and procedures. (3) Consult with the Administrative Office of the Courts to reviewthe project governance and management framework to ensure that it isbest designed for success and will serve as a resource throughoutthe project implementation. (4) Require the Administrative Office of the Courts to provideinformation on information technology projects, including, but notlimited 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 projectcompletion.68512.  The Chairman of the Judicial Council, with the approval ofthe Director of Finance, may adjust the salaries of the followingjudicial officers by the same percent as is granted state employeesof comparable salary level as a general salary increase after July 1,1969: (a) The Clerk of the Supreme Court whose salary is set by Section68841. (b) The reporter of decisions for the Supreme Court and of thecourts 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 insuperior court other than limited civil cases by means provided forin this section, in addition to any other data relating to courtadministration, including all of the following: (a) The category type of civil case, such as contract or personalinjury-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 tothe settlement disposition. (d) The character and amount of any settlement made as to eachparty litigant, but preserving the confidentiality of suchinformation if the settlement is not otherwise public. (e) The character and amount of any judgments rendered by courtand jury trials for comparison with settled cases. (f) The extent to which damages prayed for compare to settlementor judgment in character and amount. (g) The extent to which collateral sources have contributed, orwill contribute, financially to satisfaction of the judgment orsettlement. Provision for the uniform entry, storage, and retrieval of courtdata may be by use of litigant statements or forms, if available, orby collection and analysis of statistically reliable samples. The Judicial Council shall report to the Legislature on or beforeJanuary 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 fundsavailable to pay the costs of automating trial court recordkeepingsystems, pursuant to Section 68090.8, for noncompliance with therequirements of this section.68516.  (a) The Judicial Council is authorized to establish atax-exempt public benefit nonprofit corporation, or other tax-exemptentity, qualified under federal and state law to raise revenues andreceive grants or other financial support from private or publicsources, for the purposes of undertaking or funding any lawfulactivity authorized to be undertaken by the Judicial Council.Financial support sought by the nonprofit corporation or othertax-exempt entity shall be used solely for the governmental purposesapproved by the Judicial Council for activities within the scope ofauthority of the Judicial Council. (b) The Administrative Office of the Courts may provideadministrative support and oversight services to a tax-exempt publicbenefit nonprofit corporation or other tax-exempt entity establishedunder this section. Any services provided shall be consistent withcurrent limitations and practices of public employment.68518.  With advice from law enforcement and domestic violencegroups, organizations representing the interests of parents, andstaff of the appropriate policy committees of the Legislature, on orbefore January 1, 1999, the Judicial Council shall establish asingle, standard, uniform form to be used by all trial courts fortemporary restraining orders and restraining or protective ordersincluding orders involving child custody and visitation, and aseparate standardized form for emergency protective orders. TheJudicial Council shall also establish a standardized custody andvisitation attachment for use with these forms.68525.  (a) The board of supervisors of each county may require eachofficial reporter and official temporary reporter to: (1) Maintain records of transcript production and related incomeand expenses for inspection and auditing. (2) Submit annual reports derived from the records, with averification of their accuracy. (b) The reports shall be submitted in sealed envelopes to adesignated official and shall be reviewed only by those personshaving authority to inspect and audit the records and reports. Therecords and reports of each reporter shall be confidential and shallbe reviewed only to derive composite data for setting a base salaryfor the official reporters and official temporary reporters of eachcourt. The composite data shall be a matter of public record. (c) Each such annual report shall include the followinginformation: (1) The quantity and types of transcripts prepared by the officialreporters and official reporters pro tempore during the reportingperiod. (2) The fees charged and the fees collected for such transcripts. (3) Expenses incurred by the reporters in connection with thepreparation of such transcripts. (4) The amount of time the reporters have spent in attendance uponthe courts for the purpose of reporting proceedings, and thecompensation received for this purpose.68526.  (a) The Judicial Council shall conduct an analysis of thecost incurred by trial courts related to the default prove up processand report on the different methods trial courts use in processingfilings related to the default prove up process, as well as therevenue generated by these filings. The Judicial Council shall alsocompare the processes used by trial courts in filings related to thedefault 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 JudicialCouncil report, consult with stakeholders, consider the bestpractices of other states, and make any recommendations to increaseefficiency, streamline the processes and turnaround times for filingdocuments related to the default prove up process, and assess whetherany changes should be made to the fee structure for filings relatedto the process. In conducting its analysis, the Legislative Analyst'sOffice shall consider, among other factors it deems relevant,whether electronic filing could be implemented as a tool to improvethe efficiency and turnaround times of the default prove up process. (c) The Judicial Council shall provide its report to the AssemblyCommittee on Budget, the Senate Committee on Budget and FiscalReview, and the Legislative Analyst's Office by September 30, 2011.The Legislative Analyst's Office shall provide the Assembly Committeeon Budget and the Senate Committee on Budget and Fiscal Review itsrecommendations no later than June 30, 2012. (d) For the purposes of this section, the following definitionsapply: (1) "Collections case" means an action for recovery of money owedin a sum stated to be certain that is not more than twenty-fivethousand dollars ($25,000), exclusive of interest and attorney'sfees, arising from a transaction in which property, services, ormoney were acquired on credit. "Collections case" does not include anaction seeking tort damages, punitive damages, recovery of realproperty or personal property, a prejudgment writ of attachment, orany action filed pursuant to the Family Code. (2) "Default prove up process" means a request for entry ofdefault filed pursuant to Section 585 of the Code of Civil Procedurein a collections case. (e) This section shall become inoperative on July 1, 2013, and, asof January 1, 2014, is repealed, unless a later enacted statute,that becomes operative on or before January 1, 2014, deletes orextends the dates on which it becomes inoperative and is repealed.