Article 1 - General Provisions

California Government Code — §§ 68500-68525

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Sections (35)

Added by Stats. 1953, Ch. 206.

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.

Added by Stats. 1986, Ch. 387, Sec. 2.

The Judicial Council may prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure.

Added by Stats. 2017, Ch. 36, Sec. 8. (AB 452) Effective January 1, 2018.

Any reference to the Administrative Office of the Courts in state law means the Judicial Council.

Amended by Stats. 1994, Ch. 995, Sec. 1. Effective January 1, 1995.

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.

Amended by Stats. 1989, Ch. 1416, Sec. 36.

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.

Added by Stats. 1953, Ch. 206.

The committees may assemble information and make recommendations to the Judicial Council, but shall not exercise any of the powers vested in the council.

Amended by Stats. 2024, Ch. 51, Sec. 5. (AB 170) Effective July 2, 2024.

(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 State Trial Court Improvement and Modernization Fund to ensure equal access to trial courts by the public, to improve trial court operations, and to meet trial court emergencies, as expressly authorized by statute.
(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.
(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)(1) 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.
(2)(A) When setting the allocations for trial courts, the Judicial Council shall set a preliminary allocation in July of each fiscal year. The preliminary allocation shall include an estimate of available trial court reserves as of June 30 of the prior fiscal year and each court’s preliminary allocation shall be offset by the

amount of reserves in excess of the amount authorized to be carried over pursuant to subdivision (b) of Section 77203. In January of each fiscal year, after review of available trial court reserves as of June 30 of the prior fiscal year, the Judicial Council shall finalize allocations to trial courts and each court’s finalized allocation shall be offset by the amount of reserves in excess of the amount authorized to be carried over pursuant to subdivision (b) of Section 77203.

(B)The Judicial Council shall hold a reserve of five million dollars ($5,000,000) in the Trial Court Trust Fund to be available to trial courts for emergencies. The funding shall be administered by the Judicial Council, and any funding allocated shall be replenished on an annual basis from the trial court base allocations. The Judicial Council shall establish a process for trial courts to apply for emergency funding.
(C)The Judicial Council shall, no later than October 1 of each year, report to the Legislature, pursuant to Section 9795, and to the Department of Finance all requests and allocations made pursuant to subparagraph (B) for the preceding year. For any fiscal year in which there are no requests from the trial courts or allocations made by the Judicial Council pursuant to subparagraph (B), the Judicial Council is not required to submit a report.

Amended by Stats. 2025, Ch. 11, Sec. 2. (AB 136) Effective June 27, 2025.

(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 transfer funds from any fund identified in subdivision (c) as a loan to the Trial Court Trust Fund. The total amount of outstanding loans shall not exceed one hundred fifty million dollars ($150,000,000) at any time during the fiscal year. The

Judicial Council

shall not authorize a loan pursuant to this section to provide cash resources to any court that has not first provided a balanced budget approved by the Judicial Council.

(b)The Judicial Council may transfer funds from the Trial Court Trust Fund for the repayment of the loan described in subdivision (a). Interest shall not be charged or paid on any loan authorized pursuant to this section and all loans shall be repaid within two years from the date on which the loan originated. The authority to transfer funds provided by this section shall not interfere with the objectives for which the funds identified in subdivision (c) were created. This section shall not be construed to provide additional

expenditure authority to the Trial Court Trust Fund.

(c)Moneys in the following funds shall be available for transfer to the Trial Court Trust Fund as a loan for cash flow purposes:
(1)The State Court Facilities Construction Fund.
(2)The Judicial Branch Workers’ Compensation Fund.
(d)If a loan is executed pursuant to this section, the

Judicial Council shall, no later than August 30 of each year, report the following information to the Joint Legislative Budget Committee and the Department of Finance:

(1)The date of the loan.
(2)The amount loaned to each court.
(3)The funding source of the loan.
(4)The repayment date or proposed repayment date of the loan.

Amended by Stats. 2004, Ch. 811, Sec. 7. Effective January 1, 2005.

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.

Amended by Stats. 2016, Ch. 31, Sec. 154. (SB 836) Effective June 27, 2016.

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 Department of General Services.

Added by Stats. 1965, Ch. 412.

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.

Amended by Stats. 1994, Ch. 879, Sec. 6. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.

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.

Amended by Stats. 1998, Ch. 931, Sec. 239. Effective September 28, 1998.

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.

Amended by Stats. 2016, Ch. 31, Sec. 155. (SB 836) Effective June 27, 2016.

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 Department of General Services.

Added by Stats. 2007, Ch. 738, Sec. 20. Effective January 1, 2008.

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.

Amended by Stats. 1967, Ch. 17.

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.

Added by Stats. 1966, 1st Ex. Sess., Ch. 161.

No act of the Judicial Council shall be valid unless concurred in by a majority of its members.

Added by Stats. 1966, 1st Ex. Sess., Ch. 161.

The Judicial Council shall meet at the call of its chairman or as otherwise provided by it.

Amended by Stats. 1967, Ch. 17.

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.

Added by Stats. 1968, Ch. 1057.

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.

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