CHAPTER 2. The Judicial Council [68500. - 68645.7.]
Chapter 2 added by Stats. 1953, Ch. 206.
§§ 68500–68645.7 · 102 sections
ARTICLE 1. General Provisions §§ 68500–68525 · 35 sections
- § 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…
- § 68500.1 The Judicial Council may prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure.
- § 68500.3 Any reference to the Administrative Office of the Courts in state law means the Judicial Council.
- § 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…
- § 68501 The chairman of the Judicial Council may appoint committees composed of official court reporters, judges, retired judges, attorneys and experts in specialized…
- § 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…
- § 68502.6 (a) If the cash balance of the Trial Court Trust Fund is insufficient to support trial court operations during the fiscal year, the Judicial Council may…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 68506.5 The Judicial Council shall, after receiving comment from the courts, court employee organizations, and other interested groups, adopt fiscally responsible…
- § 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…
- § 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…
- § 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…
- § 68511.1 The Judicial Council shall develop a form explaining the nature of a guardianship of a minor, the rights, duties, and obligations of a person serving as…
- § 68511.2 Notwithstanding any other provision of law, the Judicial Council shall provide by rule for the photographic, microphotographic, mechanical, or electronic…
- § 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…
- § 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…
- § 68511.7 (a) Prior to adopting a baseline budget plan for the fiscal year, each trial court shall provide the public notice of, and an opportunity for input on, the…
- § 68511.8 (a) On or before December 1 of each year until the completion and full implementation of the project, the Judicial Council shall provide an annual status…
- § 68511.9 (a) Notwithstanding any other law, the California Case Management System, as well as all other administrative and infrastructure information technology…
- § 68512 The Chair 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…
- § 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…
- § 68514 (a) Beginning October 1, 2018, and annually on or before December 31 thereafter, the Judicial Council shall report to the Department of Finance, the…
- § 68515 (a) Notwithstanding Section 10231.5, the Judicial Council shall annually, on or before February 1, provide a report to the Legislature on the operations of…
- § 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…
- § 68518 With advice from law enforcement and domestic violence groups, organizations representing the interests of parents, and staff of the appropriate policy…
- § 68520 (a) On January 1, 2024, and on January 1 of every fifth year thereafter, the California Research Bureau shall prepare and publish on its Internet Web site a…
- § 68525 (a) The board of supervisors of each county may require each official reporter and official temporary reporter to: (1) Maintain records of transcript…
ARTICLE 2. Assignment of Judges §§ 68540.7–68550 · 11 sections
- § 68540.7 Any judge assigned to a court wherein a judge’s compensation is greater than his or her own shall receive while sitting therein the compensation of a judge…
- § 68543 The extra compensation and expenses for travel, board, and lodging of judges sitting in the Supreme Court and courts of appeal under assignments made by the…
- § 68543.5 (a) Whenever a judge who has retired under the Judges’ Retirement System or the Judges’ Retirement System II is assigned to serve in a court of record, the…
- § 68543.7 Subject to funding in the Budget Act, the Chief Justice shall make available by assignment the equivalent of 50 additional full-time judges. A judge retired…
- § 68543.8 (a) The Legislature finds that there is a shortage of judicial officers available to provide temporary assistance to courts in rural counties, under assignment…
- § 68544 When the judge files a claim, the Judicial Council shall draw warrants for the payment of extra compensation or expenses as provided in this article.
- § 68545 The payments by the state toward the extra compensation and expenses provided in this article shall be made from the money appropriated for the support of the…
- § 68547 (a) For the purposes of this article, a judge or justice is deemed to serve or sit under assignment on each day during which it is necessary for him or her on…
- § 68548 Each judge assigned by the Chairman of the Judicial Council to another court of a like or higher jurisdiction pursuant to Section 6, Article VI, of the State…
- § 68549 (a) A judge who has been defeated in an election for his or her office and who, before his term of office expires, elects to leave his or her accumulated…
- § 68550 The Judicial Council shall adopt a rule of court requiring every trial court to adopt, by January 2000, a requirement limiting jury service to either one…
ARTICLE 3. Coordinated Educational Programs for the Judiciary §§ 68551–68555.5 · 7 sections
- § 68551 The Judicial Council is authorized to conduct institutes and seminars from time to time, either regionally or on a statewide basis, for the purpose of…
- § 68552 In carrying out its duties under this article, the Judicial Council may publish and distribute manuals, guides, checklists and other materials designed to…
- § 68553 (a) The Judicial Council shall establish judicial training programs for judges, referees, commissioners, mediators, and others who are deemed appropriate who…
- § 68553.5 To the extent resources are available, the Judicial Council shall provide education on mental health and developmental disability issues affecting juveniles in…
- § 68554 Notwithstanding subdivisions (f) and (g) of Section 1770, the Judicial Council may grant any judge a leave of absence for a period not to exceed one year for…
- § 68555 (a) The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence or child custody matters,…
- § 68555.5 The Judicial Council shall report to the Legislature and the relevant policy committees, on or before January 1, 2025, and each January thereafter, on the…
ARTICLE 4. Court Interpreter Services §§ 68560–68566 · 8 sections
- § 68560 The Legislature finds and declares that: (a) Resolution Chapter 179 of the Statutes of 1973 requested the Judicial Council of California to undertake a…
- § 68560.5 As used in this article: (a) “Court proceeding” means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record.…
- § 68561 (a) Except for good cause as provided in subdivision (c), a person who interprets in a court proceeding using a language designated by the Judicial Council…
- § 68562 (a) The Judicial Council shall designate the languages for which certification programs shall be established under subdivision (b). The language designations…
- § 68563 The Judicial Council shall conduct a study of language and interpreter use and need in court proceedings, with commentary, and shall report its findings and…
- § 68564 The Judicial Council shall adopt rules and standards to implement this article and shall establish the following: (a) Standards for determining the need for a…
- § 68565 (a) The Judicial Council may establish a court interpreters advisory panel to assist the council in performing its duties under this article. The panel shall…
- § 68566 A natural person who either (1) holds a valid certificate as a certified court interpreter issued by a certification entity approved by the Judicial Council,…
ARTICLE 5. The Trial Court Delay Reduction Act §§ 68600–68620 · 19 sections
- § 68600 This article shall be known and may be cited as the Trial Court Delay Reduction Act.
- § 68603 (a) The Judicial Council shall adopt standards of timely disposition for the processing and disposition of civil and criminal actions. The standards shall be…
- § 68605 The Judicial Council shall designate the four superior courts with 18 or more judicial positions which, as of June 30, 1986, had the highest ratio per judicial… see note
- § 68605.5 On and after July 1, 1992, this article shall apply to all actions and proceedings in the superior court in each county, except actions and proceedings subject…
- § 68606 In each of the counties in which an exemplary delay reduction program is established, the presiding judge shall, (a) select a sufficient number of judges for… see note
- § 68607 In accordance with this article and consistent with statute, judges shall have the responsibility to eliminate delay in the progress and ultimate resolution of…
- § 68607.5 No action or proceeding may be removed from a delay reduction program because of a challenge filed under Section 170.6 of the Code of Civil Procedure.
- § 68608 (a) Juvenile, probate, and domestic relations cases shall not be assigned to a delay reduction program, and cases which have been assigned to a judge or judges…
- § 68609 (a) The presiding judge of each superior court with an exemplary delay reduction program shall assign a pro rata share of new cases, and an appropriate number… see note
- § 68609.5 Each court and the Judicial Council, under subdivision (b) of Section 68619, shall adopt rules to allow for the arbitration of cases designated by the court as…
- § 68610 The Judicial Council, in conjunction with other interested groups as it determines appropriate, may prepare and administer a program, consistent with the…
- § 68612 Judges shall, in consultation with the bar of the county to the maximum extent feasible develop and publish the procedures, standards, and policies which will…
- § 68613 The Judicial Council may receive and expend on the programs established by this article any funds available from county, state, or federal government or other…
- § 68614 Nothing in this article is intended to prevent a presiding judge from directing the use of the methods of delay reduction specified in Section 68607 by judges… see note
- § 68615 In its discretion, the Judicial Council may contract out for performance of any of the duties imposed by this article.
- § 68616 Delay reduction rules shall not require shorter time periods than as follows: (a) Service of the complaint within 60 days after filing. Exceptions, for longer…
- § 68617 On or before October 30, 2002, the Judicial Council shall submit a report to the Legislature and the Governor regarding the effectiveness of the Centers for…
- § 68619 (a) The Judicial Council shall review all local delay reduction rules adopted by courts and any revisions or new rules adopted by them and make recommendations…
- § 68620 (a) Each superior court shall establish a delay reduction program for limited civil cases in consultation with the local bar that is consistent with the…
ARTICLE 6. Waiver of Court Fees and Costs §§ 68630–68641 · 14 sections
- § 68630 The Legislature finds and declares all of the following: (a) That our legal system cannot provide “equal justice under law” unless all persons have access to…
- § 68631 An initial fee waiver shall be granted by the court at any stage of the proceedings at both the appellate and trial court levels if an applicant meets the…
- § 68631.5 For purposes of this article, a conservatee, ward, or person for whom a conservatorship or guardianship is sought, shall be deemed the “applicant,” and the…
- § 68632 Permission to proceed without paying court fees and costs because of an applicant’s financial condition shall be granted initially to all of the following…
- § 68633 (a) An applicant for an initial fee waiver under subdivision (a) of Section 68632 shall complete, under penalty of perjury, a Judicial Council application form…
- § 68634 (a) This section applies to the processing and determination of fee waiver applications in the trial courts. (b) All applications for an initial fee waiver…
- § 68634.5 (a) This section applies to the processing and determination of fee waiver applications in the appellate courts. (b) All completed applications for a fee…
- § 68635 (a) This section applies only to waivers of trial court fees. (b) Notwithstanding any other provision of this article, a person who is sentenced to the state…
- § 68636 (a) After the court has granted an initial fee waiver in whole or in part, and before final disposition of the case, the person who received the initial fee…
- § 68637 (a) This section applies only to waivers of trial court fees. (b) (1) If a party whose trial court fees and costs were initially waived is a prevailing party…
- § 68638 (a) The trial court may execute on any order for payment of initially waived fees and costs in the same manner as on a judgment in a civil action. The court…
- § 68639 An initial fee waiver shall expire 60 days after the judgment, dismissal, or other final disposition of the case.
- § 68640 The Judicial Council may adopt a rule of court to allow litigants who are not eligible for a fee waiver to pay court fees in installments.
- § 68641 The Judicial Council shall adopt rules and forms to establish uniform procedures to implement this article, including, but not limited to, procedures for all…
ARTICLE 7. Ability to Pay Program §§ 68645–68645.7 · 8 sections
- § 68645 The Judicial Council shall develop an online tool for adjudicating infraction violations, including ability-to-pay determinations. The Judicial Council shall…
- § 68645.1 For all infraction violations for which a personal appearance is not required, a court may allow defendants to agree to forfeit bail, plead guilty or nolo…
- § 68645.15 A defendant’s request for an ability-to-pay determination through the online tool shall not impact their eligibility to attend traffic violator school pursuant…
- § 68645.2 (a) By June 30, 2024, every court shall offer online ability-to-pay determinations using the tool developed by the Judicial Council. The following shall apply…
- § 68645.3 (a) A court may allow the online tool to electronically verify through encrypted transmittal whether the defendant receives public benefits, defined as any of…
- § 68645.4 (a) A court may offer trials by declaration through an online tool for all infractions for which a personal appearance is not required. If a court offers…
- § 68645.5 (a) No later than February 1, 2022, and annually until February 1, 2025, the Judicial Council shall provide to the Legislature a report including the following…
- § 68645.7 (a) On or before January 10 of each year, the Department of Finance, in consultation with the Judicial Council, shall estimate the level of funding needed to…