70210. The Judicial Council shall adopt rules of court not
inconsistent with statute for:
(a) The orderly conversion of proceedings pending in municipal
courts to proceedings in superior courts, and for proceedings
commenced in superior courts on and after the date the municipal and
superior courts in a county are unified.
(b) Selection of persons to coordinate implementation activities
for the unification of municipal courts with superior courts in a
county, including:
(1) Selection of a presiding judge for the unified superior court.
(2) Selection of a court executive officer for the unified
superior court.
(3) Appointment of court committees or working groups to assist
the presiding judge and court executive officer in implementing
unification.
(c) The authority of the presiding judge, in conjunction with the
court executive officer and appropriate individuals or working groups
of the unified superior court, to act on behalf of the court to
implement unification.
(d) Preparation and submission of a written personnel plan to the
judges of a unified superior court for adoption.
(e) Preparation of local court rules necessary to facilitate the
orderly conversion of proceedings pending in municipal courts to
proceedings in superior courts, and for proceedings commenced in
superior courts on and after the date the municipal and superior
courts in a county are unified. These rules shall, on the date the
municipal and superior courts in a county are unified, be the rules
of the unified superior court.
(f) Other necessary activities to facilitate the transition to a
unified superior court.
70211. When the municipal and superior courts in a county are
unified:
(a) The judgeships in each municipal court in that county are
abolished and the previously selected municipal court judges become
judges of the superior court in that county. Until revised by
statute, the total number of judgeships in the unified superior court
shall equal the previously authorized number of judgeships in the
municipal court and superior court combined.
(b) The term of office of a previously selected municipal court
judge is not affected by taking office as a judge of the superior
court. A previously selected municipal court judge is entitled to
hold office for the same time period as if the judge had remained a
judge of the municipal court. Until a previously selected municipal
court judge leaves office or a successor is elected and qualifies,
the time for election of a successor shall be governed by the law
otherwise applicable to selection of municipal court judges.
Thereafter, selection of a successor to the office shall be governed
by the law governing selection of superior court judges.
(c) The 10-year membership or service requirement of Section 15 of
Article VI of the California Constitution does not apply to a
previously selected municipal court judge.
70212. Except as provided by statute to the contrary, in a county
in which the municipal and superior courts become unified, the
following shall occur automatically in each preexisting municipal and
superior court:
(a) Previously selected officers (including subordinate judicial
officers), employees, and other personnel who serve the court become
the officers and employees of the superior court.
(b) Preexisting court locations are retained as superior court
locations.
(c) Preexisting court records become records of the superior
court.
(d) Pending actions, trials, proceedings, and other business of
the court become pending in the superior court under the procedures
previously applicable to the matters in the court in which the
matters were pending.
(e) Matters of a type previously subject to rehearing by a
superior court judge remain subject to rehearing by a superior court
judge, other than the judge who originally heard the matter.
(f) Penal Code procedures that necessitate superior court review
of, or action based on, a ruling or order by a municipal court judge
shall be performed by a superior court judge other than the judge who
originally made the ruling or order.
(g) Subpoenas, summons of jurors, and other process issued by the
court shall be enforceable by the superior court.
(h) The superior court and each judge of the superior court has
all the powers and shall perform all of the acts that were by law
conferred on, or required of, any court superseded by the superior
court and any judge of the superseded court, and all laws applicable
to the superseded court not inconsistent with the statutes governing
unification of the municipal and superior courts apply to the
superior court and to each judge of the court.
70213. (a) In a county in which the municipal and superior courts
become unified, until revised by the Judicial Council, forms for
proceedings within the jurisdiction of municipal courts may be used
as if the proceedings were in a municipal court.
(b) The Judicial Council may adopt rules resolving any problem
that may arise in the conversion of statutory references from the
municipal court to the superior court in a county in which the
municipal and superior courts become unified.
70214. When the municipal and superior courts in a county are
unified:
(a) Until revised by statute, the total number of authorized court
commissioners in the unified superior court shall equal the
previously authorized number of court commissioners in the municipal
court and superior court combined.
(b) Until revised by statute, the total number of authorized
traffic referees or traffic trial commissioners in the unified
superior court shall equal the previously authorized number of court
traffic referees or traffic trial commissioners in the municipal
court.
(c) The superior court or its judges may make appointments
previously authorized to be made by a municipal court or its judges.
(d) Commissioners and referees of the unified superior court shall
have all of the powers and authority of commissioners and referees
of superior courts and of municipal courts.
70215. This article and other statutes governing unification of the
municipal and superior courts in a county shall prevail over any
inconsistent statutes otherwise applicable to the municipal or
superior courts in the county, including, but not limited to,
statutes governing the number of judges, selection of a presiding
judge, selection of a court executive officer, and employment of
officers (including subordinate judicial officers), employees, and
other personnel who serve the court.
70216. (a) If unification of the municipal and superior courts
within a county occurs during an election for the office of municipal
court judge, the conduct of the direct primary election and general
election shall be governed by the law otherwise applicable to the
election of a municipal court judge.
(b) A judge elected pursuant to this section shall be deemed to be
a previously selected municipal court judge within the meaning of
subdivision (b) of Section 23 of Article VI of the California
Constitution.
(c) As used in this section, "during an election" means during the
period beginning on the 127th day before a direct primary election
and ending on the day of the general election.
70217. On unification of the municipal and superior courts in a
county, until adoption of a statewide structure for trial court
employees, officers, and other personnel by the Legislature:
(a) Notwithstanding any other provision of law contained in this
title, upon unification, previously selected officers, employees, and
other personnel who serve the courts shall become the officers,
employees, and other personnel of the unified superior court at their
existing or equivalent classifications, and with their existing
salaries, economic and noneconomic benefits and other existing terms
and conditions of employment that include, but are not limited to,
accrued and unused vacation, sick leave, personal leave, health and
pension plans, civil service or merit system coverage, and other
systems that provide similar employment protections. The status,
position, and rights of such persons shall not be affected by the
unification and shall be retained by them as officers, employees, and
other personnel of the unified superior court. This provision shall
be retroactive to the date of unification and shall supersede any
other provision of law governing at-will employment or exemption from
civil service coverage applicable to these employees. It is the
intent of the Legislature to ensure that officers, employees, and
other personnel of the superior court do not lose employment
protections to which they were entitled when unification took effect
as a result of unification.
(b) Permanent employees of the municipal and superior courts on
the effective date of unification shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees on the effective date of unification shall
retain their probationary status and rights, and shall not be deemed
to have transferred so as to require serving a new probationary
period.
(c) Employment seniority of an employee of the municipal or
superior courts on the effective date of unification shall be counted
toward seniority in the unified superior court, and all time spent
in the same, equivalent, or higher classification shall be counted
toward classification seniority.
(d) No officer or employee with peace officer status shall lose
that status as a result of unification, and any officer or employee
authorized to perform notice and process services or court security
services in the municipal court is authorized to perform those
services in the unified superior court.
70218. When the municipal and superior court in a county are
unified:
(a) Article 3 (commencing with Section 71630) of Chapter 7 of
Title 8 shall be fully applicable to the county and the unified
superior court.
(b) An employee organization that has been previously recognized
as a representative of a group of court employees or the exclusive
representative of an established appropriate bargaining unit of court
employees, either by the county or municipal court or superior court
shall continue to be recognized as a representative or the exclusive
representative of the same employees of the county or unified
superior court.
(c) An existing memorandum of understanding or agreement between
the county, a municipal court, or a superior court shall remain in
effect and be fully binding on the county, the unified superior
court, and the employee organization involved for the term of the
agreement. However, in the event of an election held under paragraph
(2) of subdivision (e), (1) a memorandum of understanding or
agreement with an employee organization that is no longer recognized
as the exclusive representative shall continue in effect and be
administered by the employee organization that receives a majority of
votes in the election and is certified or recognized pursuant to
paragraph (2) of subdivision (e), provided that the memorandum of
understanding or agreement shall be subject to reopening on request
of either the unified superior court or the newly certified or
recognized employee organization, provided that no changes in that
memorandum of understanding or agreement may be made during its term
without mutual agreement of the unified superior court and the newly
certified or recognized employee organization, and (2) a memorandum
of understanding or agreement with an employee organization that
receives a majority of votes in the election shall remain in full
force and effect until its expiration or until replaced by a
subsequent memorandum of understanding or agreement.
(d) Nothing in this article shall disturb or affect any court- or
county-established appropriate bargaining unit or memorandum of
understanding or agreement between an employee organization and a
county or court, unless subdivision (e) applies.
(e) (1) Where there is more than one employee organization that
has been previously recognized as the exclusive representative of
employees of the municipal court and the superior court, the county
and the unified superior court shall continue to recognize each
exclusive representative of each bargaining unit and shall continue
to be bound by any existing memorandum of understanding or agreement
covering those employees for a period not to exceed 225 days from
date of unification, pending the exhaustion of the election procedure
set forth in paragraph (2). Any conflicts in the existing agreements
as to wages and other terms and conditions of employment shall be
subject to negotiation between the county or unified superior court
and each of the exclusive representatives.
(2) If after unification it is determined that two or more
exclusive representatives seek to represent employees in a single
appropriate bargaining unit, the unified superior court shall conduct
a representation election in accordance with Article 3 (commencing
with Section 71630) of Chapter 7 of Title 8. With respect to this
process (A) the unified court shall meet and confer in good faith
with all incumbent exclusive representatives regarding the
establishment of appropriate bargaining units, (B) the county or
unified superior court shall maintain a neutral position as to the
competing employee organizations in the election, (C) the employee
organization shall be certified or recognized as the exclusive
bargaining representative upon receiving a majority of the votes cast
in the representation election, (D) the election of an exclusive
representative shall be conducted no later than 180 days from the
effective date of unification or the effective date of this
subparagraph, whichever comes later, and (E) the certification or
recognition of an exclusive representative shall be complete no later
than 45 days from the date of the election.
(f) This section applies to all unified superior courts, and the
counties and employee organizations involved, beginning on the date
of unification.
70219. On submission by the California Law Revision Commission of
its report to the Governor and the Legislature pursuant to Resolution
Chapter 102 of the Statutes of 1997 recommending statutory changes
that may be necessitated by court unification, the Judicial Council
and the California Law Revision Commission shall study and make
recommendations to the Governor and the Legislature on the issues
identified in the report as appropriate for future study, including
consideration of the experience in counties in which the courts have
unified. Each agency shall assume primary or joint responsibility for
the studies and recommendations as outlined in the report, and each
agency shall consult with the other in the studies and
recommendations. This section does not limit any authority of the
Judicial Council or the California Law Revision Commission to conduct
studies and make recommendations authorized or directed by law.
70210. The Judicial Council shall adopt rules of court not
inconsistent with statute for:
(a) The orderly conversion of proceedings pending in municipal
courts to proceedings in superior courts, and for proceedings
commenced in superior courts on and after the date the municipal and
superior courts in a county are unified.
(b) Selection of persons to coordinate implementation activities
for the unification of municipal courts with superior courts in a
county, including:
(1) Selection of a presiding judge for the unified superior court.
(2) Selection of a court executive officer for the unified
superior court.
(3) Appointment of court committees or working groups to assist
the presiding judge and court executive officer in implementing
unification.
(c) The authority of the presiding judge, in conjunction with the
court executive officer and appropriate individuals or working groups
of the unified superior court, to act on behalf of the court to
implement unification.
(d) Preparation and submission of a written personnel plan to the
judges of a unified superior court for adoption.
(e) Preparation of local court rules necessary to facilitate the
orderly conversion of proceedings pending in municipal courts to
proceedings in superior courts, and for proceedings commenced in
superior courts on and after the date the municipal and superior
courts in a county are unified. These rules shall, on the date the
municipal and superior courts in a county are unified, be the rules
of the unified superior court.
(f) Other necessary activities to facilitate the transition to a
unified superior court.
70211. When the municipal and superior courts in a county are
unified:
(a) The judgeships in each municipal court in that county are
abolished and the previously selected municipal court judges become
judges of the superior court in that county. Until revised by
statute, the total number of judgeships in the unified superior court
shall equal the previously authorized number of judgeships in the
municipal court and superior court combined.
(b) The term of office of a previously selected municipal court
judge is not affected by taking office as a judge of the superior
court. A previously selected municipal court judge is entitled to
hold office for the same time period as if the judge had remained a
judge of the municipal court. Until a previously selected municipal
court judge leaves office or a successor is elected and qualifies,
the time for election of a successor shall be governed by the law
otherwise applicable to selection of municipal court judges.
Thereafter, selection of a successor to the office shall be governed
by the law governing selection of superior court judges.
(c) The 10-year membership or service requirement of Section 15 of
Article VI of the California Constitution does not apply to a
previously selected municipal court judge.
70212. Except as provided by statute to the contrary, in a county
in which the municipal and superior courts become unified, the
following shall occur automatically in each preexisting municipal and
superior court:
(a) Previously selected officers (including subordinate judicial
officers), employees, and other personnel who serve the court become
the officers and employees of the superior court.
(b) Preexisting court locations are retained as superior court
locations.
(c) Preexisting court records become records of the superior
court.
(d) Pending actions, trials, proceedings, and other business of
the court become pending in the superior court under the procedures
previously applicable to the matters in the court in which the
matters were pending.
(e) Matters of a type previously subject to rehearing by a
superior court judge remain subject to rehearing by a superior court
judge, other than the judge who originally heard the matter.
(f) Penal Code procedures that necessitate superior court review
of, or action based on, a ruling or order by a municipal court judge
shall be performed by a superior court judge other than the judge who
originally made the ruling or order.
(g) Subpoenas, summons of jurors, and other process issued by the
court shall be enforceable by the superior court.
(h) The superior court and each judge of the superior court has
all the powers and shall perform all of the acts that were by law
conferred on, or required of, any court superseded by the superior
court and any judge of the superseded court, and all laws applicable
to the superseded court not inconsistent with the statutes governing
unification of the municipal and superior courts apply to the
superior court and to each judge of the court.
70213. (a) In a county in which the municipal and superior courts
become unified, until revised by the Judicial Council, forms for
proceedings within the jurisdiction of municipal courts may be used
as if the proceedings were in a municipal court.
(b) The Judicial Council may adopt rules resolving any problem
that may arise in the conversion of statutory references from the
municipal court to the superior court in a county in which the
municipal and superior courts become unified.
70214. When the municipal and superior courts in a county are
unified:
(a) Until revised by statute, the total number of authorized court
commissioners in the unified superior court shall equal the
previously authorized number of court commissioners in the municipal
court and superior court combined.
(b) Until revised by statute, the total number of authorized
traffic referees or traffic trial commissioners in the unified
superior court shall equal the previously authorized number of court
traffic referees or traffic trial commissioners in the municipal
court.
(c) The superior court or its judges may make appointments
previously authorized to be made by a municipal court or its judges.
(d) Commissioners and referees of the unified superior court shall
have all of the powers and authority of commissioners and referees
of superior courts and of municipal courts.
70215. This article and other statutes governing unification of the
municipal and superior courts in a county shall prevail over any
inconsistent statutes otherwise applicable to the municipal or
superior courts in the county, including, but not limited to,
statutes governing the number of judges, selection of a presiding
judge, selection of a court executive officer, and employment of
officers (including subordinate judicial officers), employees, and
other personnel who serve the court.
70216. (a) If unification of the municipal and superior courts
within a county occurs during an election for the office of municipal
court judge, the conduct of the direct primary election and general
election shall be governed by the law otherwise applicable to the
election of a municipal court judge.
(b) A judge elected pursuant to this section shall be deemed to be
a previously selected municipal court judge within the meaning of
subdivision (b) of Section 23 of Article VI of the California
Constitution.
(c) As used in this section, "during an election" means during the
period beginning on the 127th day before a direct primary election
and ending on the day of the general election.
70217. On unification of the municipal and superior courts in a
county, until adoption of a statewide structure for trial court
employees, officers, and other personnel by the Legislature:
(a) Notwithstanding any other provision of law contained in this
title, upon unification, previously selected officers, employees, and
other personnel who serve the courts shall become the officers,
employees, and other personnel of the unified superior court at their
existing or equivalent classifications, and with their existing
salaries, economic and noneconomic benefits and other existing terms
and conditions of employment that include, but are not limited to,
accrued and unused vacation, sick leave, personal leave, health and
pension plans, civil service or merit system coverage, and other
systems that provide similar employment protections. The status,
position, and rights of such persons shall not be affected by the
unification and shall be retained by them as officers, employees, and
other personnel of the unified superior court. This provision shall
be retroactive to the date of unification and shall supersede any
other provision of law governing at-will employment or exemption from
civil service coverage applicable to these employees. It is the
intent of the Legislature to ensure that officers, employees, and
other personnel of the superior court do not lose employment
protections to which they were entitled when unification took effect
as a result of unification.
(b) Permanent employees of the municipal and superior courts on
the effective date of unification shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees on the effective date of unification shall
retain their probationary status and rights, and shall not be deemed
to have transferred so as to require serving a new probationary
period.
(c) Employment seniority of an employee of the municipal or
superior courts on the effective date of unification shall be counted
toward seniority in the unified superior court, and all time spent
in the same, equivalent, or higher classification shall be counted
toward classification seniority.
(d) No officer or employee with peace officer status shall lose
that status as a result of unification, and any officer or employee
authorized to perform notice and process services or court security
services in the municipal court is authorized to perform those
services in the unified superior court.
70218. When the municipal and superior court in a county are
unified:
(a) Article 3 (commencing with Section 71630) of Chapter 7 of
Title 8 shall be fully applicable to the county and the unified
superior court.
(b) An employee organization that has been previously recognized
as a representative of a group of court employees or the exclusive
representative of an established appropriate bargaining unit of court
employees, either by the county or municipal court or superior court
shall continue to be recognized as a representative or the exclusive
representative of the same employees of the county or unified
superior court.
(c) An existing memorandum of understanding or agreement between
the county, a municipal court, or a superior court shall remain in
effect and be fully binding on the county, the unified superior
court, and the employee organization involved for the term of the
agreement. However, in the event of an election held under paragraph
(2) of subdivision (e), (1) a memorandum of understanding or
agreement with an employee organization that is no longer recognized
as the exclusive representative shall continue in effect and be
administered by the employee organization that receives a majority of
votes in the election and is certified or recognized pursuant to
paragraph (2) of subdivision (e), provided that the memorandum of
understanding or agreement shall be subject to reopening on request
of either the unified superior court or the newly certified or
recognized employee organization, provided that no changes in that
memorandum of understanding or agreement may be made during its term
without mutual agreement of the unified superior court and the newly
certified or recognized employee organization, and (2) a memorandum
of understanding or agreement with an employee organization that
receives a majority of votes in the election shall remain in full
force and effect until its expiration or until replaced by a
subsequent memorandum of understanding or agreement.
(d) Nothing in this article shall disturb or affect any court- or
county-established appropriate bargaining unit or memorandum of
understanding or agreement between an employee organization and a
county or court, unless subdivision (e) applies.
(e) (1) Where there is more than one employee organization that
has been previously recognized as the exclusive representative of
employees of the municipal court and the superior court, the county
and the unified superior court shall continue to recognize each
exclusive representative of each bargaining unit and shall continue
to be bound by any existing memorandum of understanding or agreement
covering those employees for a period not to exceed 225 days from
date of unification, pending the exhaustion of the election procedure
set forth in paragraph (2). Any conflicts in the existing agreements
as to wages and other terms and conditions of employment shall be
subject to negotiation between the county or unified superior court
and each of the exclusive representatives.
(2) If after unification it is determined that two or more
exclusive representatives seek to represent employees in a single
appropriate bargaining unit, the unified superior court shall conduct
a representation election in accordance with Article 3 (commencing
with Section 71630) of Chapter 7 of Title 8. With respect to this
process (A) the unified court shall meet and confer in good faith
with all incumbent exclusive representatives regarding the
establishment of appropriate bargaining units, (B) the county or
unified superior court shall maintain a neutral position as to the
competing employee organizations in the election, (C) the employee
organization shall be certified or recognized as the exclusive
bargaining representative upon receiving a majority of the votes cast
in the representation election, (D) the election of an exclusive
representative shall be conducted no later than 180 days from the
effective date of unification or the effective date of this
subparagraph, whichever comes later, and (E) the certification or
recognition of an exclusive representative shall be complete no later
than 45 days from the date of the election.
(f) This section applies to all unified superior courts, and the
counties and employee organizations involved, beginning on the date
of unification.
70219. On submission by the California Law Revision Commission of
its report to the Governor and the Legislature pursuant to Resolution
Chapter 102 of the Statutes of 1997 recommending statutory changes
that may be necessitated by court unification, the Judicial Council
and the California Law Revision Commission shall study and make
recommendations to the Governor and the Legislature on the issues
identified in the report as appropriate for future study, including
consideration of the experience in counties in which the courts have
unified. Each agency shall assume primary or joint responsibility for
the studies and recommendations as outlined in the report, and each
agency shall consult with the other in the studies and
recommendations. This section does not limit any authority of the
Judicial Council or the California Law Revision Commission to conduct
studies and make recommendations authorized or directed by law.
70210. The Judicial Council shall adopt rules of court not
inconsistent with statute for:
(a) The orderly conversion of proceedings pending in municipal
courts to proceedings in superior courts, and for proceedings
commenced in superior courts on and after the date the municipal and
superior courts in a county are unified.
(b) Selection of persons to coordinate implementation activities
for the unification of municipal courts with superior courts in a
county, including:
(1) Selection of a presiding judge for the unified superior court.
(2) Selection of a court executive officer for the unified
superior court.
(3) Appointment of court committees or working groups to assist
the presiding judge and court executive officer in implementing
unification.
(c) The authority of the presiding judge, in conjunction with the
court executive officer and appropriate individuals or working groups
of the unified superior court, to act on behalf of the court to
implement unification.
(d) Preparation and submission of a written personnel plan to the
judges of a unified superior court for adoption.
(e) Preparation of local court rules necessary to facilitate the
orderly conversion of proceedings pending in municipal courts to
proceedings in superior courts, and for proceedings commenced in
superior courts on and after the date the municipal and superior
courts in a county are unified. These rules shall, on the date the
municipal and superior courts in a county are unified, be the rules
of the unified superior court.
(f) Other necessary activities to facilitate the transition to a
unified superior court.
70211. When the municipal and superior courts in a county are
unified:
(a) The judgeships in each municipal court in that county are
abolished and the previously selected municipal court judges become
judges of the superior court in that county. Until revised by
statute, the total number of judgeships in the unified superior court
shall equal the previously authorized number of judgeships in the
municipal court and superior court combined.
(b) The term of office of a previously selected municipal court
judge is not affected by taking office as a judge of the superior
court. A previously selected municipal court judge is entitled to
hold office for the same time period as if the judge had remained a
judge of the municipal court. Until a previously selected municipal
court judge leaves office or a successor is elected and qualifies,
the time for election of a successor shall be governed by the law
otherwise applicable to selection of municipal court judges.
Thereafter, selection of a successor to the office shall be governed
by the law governing selection of superior court judges.
(c) The 10-year membership or service requirement of Section 15 of
Article VI of the California Constitution does not apply to a
previously selected municipal court judge.
70212. Except as provided by statute to the contrary, in a county
in which the municipal and superior courts become unified, the
following shall occur automatically in each preexisting municipal and
superior court:
(a) Previously selected officers (including subordinate judicial
officers), employees, and other personnel who serve the court become
the officers and employees of the superior court.
(b) Preexisting court locations are retained as superior court
locations.
(c) Preexisting court records become records of the superior
court.
(d) Pending actions, trials, proceedings, and other business of
the court become pending in the superior court under the procedures
previously applicable to the matters in the court in which the
matters were pending.
(e) Matters of a type previously subject to rehearing by a
superior court judge remain subject to rehearing by a superior court
judge, other than the judge who originally heard the matter.
(f) Penal Code procedures that necessitate superior court review
of, or action based on, a ruling or order by a municipal court judge
shall be performed by a superior court judge other than the judge who
originally made the ruling or order.
(g) Subpoenas, summons of jurors, and other process issued by the
court shall be enforceable by the superior court.
(h) The superior court and each judge of the superior court has
all the powers and shall perform all of the acts that were by law
conferred on, or required of, any court superseded by the superior
court and any judge of the superseded court, and all laws applicable
to the superseded court not inconsistent with the statutes governing
unification of the municipal and superior courts apply to the
superior court and to each judge of the court.
70213. (a) In a county in which the municipal and superior courts
become unified, until revised by the Judicial Council, forms for
proceedings within the jurisdiction of municipal courts may be used
as if the proceedings were in a municipal court.
(b) The Judicial Council may adopt rules resolving any problem
that may arise in the conversion of statutory references from the
municipal court to the superior court in a county in which the
municipal and superior courts become unified.
70214. When the municipal and superior courts in a county are
unified:
(a) Until revised by statute, the total number of authorized court
commissioners in the unified superior court shall equal the
previously authorized number of court commissioners in the municipal
court and superior court combined.
(b) Until revised by statute, the total number of authorized
traffic referees or traffic trial commissioners in the unified
superior court shall equal the previously authorized number of court
traffic referees or traffic trial commissioners in the municipal
court.
(c) The superior court or its judges may make appointments
previously authorized to be made by a municipal court or its judges.
(d) Commissioners and referees of the unified superior court shall
have all of the powers and authority of commissioners and referees
of superior courts and of municipal courts.
70215. This article and other statutes governing unification of the
municipal and superior courts in a county shall prevail over any
inconsistent statutes otherwise applicable to the municipal or
superior courts in the county, including, but not limited to,
statutes governing the number of judges, selection of a presiding
judge, selection of a court executive officer, and employment of
officers (including subordinate judicial officers), employees, and
other personnel who serve the court.
70216. (a) If unification of the municipal and superior courts
within a county occurs during an election for the office of municipal
court judge, the conduct of the direct primary election and general
election shall be governed by the law otherwise applicable to the
election of a municipal court judge.
(b) A judge elected pursuant to this section shall be deemed to be
a previously selected municipal court judge within the meaning of
subdivision (b) of Section 23 of Article VI of the California
Constitution.
(c) As used in this section, "during an election" means during the
period beginning on the 127th day before a direct primary election
and ending on the day of the general election.
70217. On unification of the municipal and superior courts in a
county, until adoption of a statewide structure for trial court
employees, officers, and other personnel by the Legislature:
(a) Notwithstanding any other provision of law contained in this
title, upon unification, previously selected officers, employees, and
other personnel who serve the courts shall become the officers,
employees, and other personnel of the unified superior court at their
existing or equivalent classifications, and with their existing
salaries, economic and noneconomic benefits and other existing terms
and conditions of employment that include, but are not limited to,
accrued and unused vacation, sick leave, personal leave, health and
pension plans, civil service or merit system coverage, and other
systems that provide similar employment protections. The status,
position, and rights of such persons shall not be affected by the
unification and shall be retained by them as officers, employees, and
other personnel of the unified superior court. This provision shall
be retroactive to the date of unification and shall supersede any
other provision of law governing at-will employment or exemption from
civil service coverage applicable to these employees. It is the
intent of the Legislature to ensure that officers, employees, and
other personnel of the superior court do not lose employment
protections to which they were entitled when unification took effect
as a result of unification.
(b) Permanent employees of the municipal and superior courts on
the effective date of unification shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees on the effective date of unification shall
retain their probationary status and rights, and shall not be deemed
to have transferred so as to require serving a new probationary
period.
(c) Employment seniority of an employee of the municipal or
superior courts on the effective date of unification shall be counted
toward seniority in the unified superior court, and all time spent
in the same, equivalent, or higher classification shall be counted
toward classification seniority.
(d) No officer or employee with peace officer status shall lose
that status as a result of unification, and any officer or employee
authorized to perform notice and process services or court security
services in the municipal court is authorized to perform those
services in the unified superior court.
70218. When the municipal and superior court in a county are
unified:
(a) Article 3 (commencing with Section 71630) of Chapter 7 of
Title 8 shall be fully applicable to the county and the unified
superior court.
(b) An employee organization that has been previously recognized
as a representative of a group of court employees or the exclusive
representative of an established appropriate bargaining unit of court
employees, either by the county or municipal court or superior court
shall continue to be recognized as a representative or the exclusive
representative of the same employees of the county or unified
superior court.
(c) An existing memorandum of understanding or agreement between
the county, a municipal court, or a superior court shall remain in
effect and be fully binding on the county, the unified superior
court, and the employee organization involved for the term of the
agreement. However, in the event of an election held under paragraph
(2) of subdivision (e), (1) a memorandum of understanding or
agreement with an employee organization that is no longer recognized
as the exclusive representative shall continue in effect and be
administered by the employee organization that receives a majority of
votes in the election and is certified or recognized pursuant to
paragraph (2) of subdivision (e), provided that the memorandum of
understanding or agreement shall be subject to reopening on request
of either the unified superior court or the newly certified or
recognized employee organization, provided that no changes in that
memorandum of understanding or agreement may be made during its term
without mutual agreement of the unified superior court and the newly
certified or recognized employee organization, and (2) a memorandum
of understanding or agreement with an employee organization that
receives a majority of votes in the election shall remain in full
force and effect until its expiration or until replaced by a
subsequent memorandum of understanding or agreement.
(d) Nothing in this article shall disturb or affect any court- or
county-established appropriate bargaining unit or memorandum of
understanding or agreement between an employee organization and a
county or court, unless subdivision (e) applies.
(e) (1) Where there is more than one employee organization that
has been previously recognized as the exclusive representative of
employees of the municipal court and the superior court, the county
and the unified superior court shall continue to recognize each
exclusive representative of each bargaining unit and shall continue
to be bound by any existing memorandum of understanding or agreement
covering those employees for a period not to exceed 225 days from
date of unification, pending the exhaustion of the election procedure
set forth in paragraph (2). Any conflicts in the existing agreements
as to wages and other terms and conditions of employment shall be
subject to negotiation between the county or unified superior court
and each of the exclusive representatives.
(2) If after unification it is determined that two or more
exclusive representatives seek to represent employees in a single
appropriate bargaining unit, the unified superior court shall conduct
a representation election in accordance with Article 3 (commencing
with Section 71630) of Chapter 7 of Title 8. With respect to this
process (A) the unified court shall meet and confer in good faith
with all incumbent exclusive representatives regarding the
establishment of appropriate bargaining units, (B) the county or
unified superior court shall maintain a neutral position as to the
competing employee organizations in the election, (C) the employee
organization shall be certified or recognized as the exclusive
bargaining representative upon receiving a majority of the votes cast
in the representation election, (D) the election of an exclusive
representative shall be conducted no later than 180 days from the
effective date of unification or the effective date of this
subparagraph, whichever comes later, and (E) the certification or
recognition of an exclusive representative shall be complete no later
than 45 days from the date of the election.
(f) This section applies to all unified superior courts, and the
counties and employee organizations involved, beginning on the date
of unification.
70219. On submission by the California Law Revision Commission of
its report to the Governor and the Legislature pursuant to Resolution
Chapter 102 of the Statutes of 1997 recommending statutory changes
that may be necessitated by court unification, the Judicial Council
and the California Law Revision Commission shall study and make
recommendations to the Governor and the Legislature on the issues
identified in the report as appropriate for future study, including
consideration of the experience in counties in which the courts have
unified. Each agency shall assume primary or joint responsibility for
the studies and recommendations as outlined in the report, and each
agency shall consult with the other in the studies and
recommendations. This section does not limit any authority of the
Judicial Council or the California Law Revision Commission to conduct
studies and make recommendations authorized or directed by law.
