2005 California Government Code Sections 68500-68525 Article 1. General Provisions

68500.  The Judicial Council may appoint and employ during its
pleasure such officers, assistants, and other employees as it deems
necessary for the performance of the duties and exercise of the
powers conferred by law upon it and its members.  It may determine
the duties and fix and provide for the compensation of all such
officers, assistants, and other employees.
68500.1.  The Judicial Council may prescribe the methods, means, and
standards for electronic collection of data related to court
administration, practice, and procedure.
68500.5.  The annual salary of the Administrative Director of the
Courts shall be  set by the chairperson of the Judicial Council and
shall be no less than the salary of a judge of the court of appeal,
and shall be paid out of appropriations for the support of the
Judicial Council.
   The salary of a judge of a court of appeal means the salary of a
judge first appointed to the court of appeal after January 1, 1982.
68501.  The chairman of the Judicial Council may appoint committees
composed of official court reporters, judges, retired judges,
attorneys and experts in specialized fields, or any combination
thereof, to advise with the Judicial Council in studying the
condition of business in the several courts and the means for
simplifying and improving the administration of justice and in the
performance of any other duties of the council authorized or imposed
by law.
68502.  The committees may assemble information and make
recommendations to the Judicial Council, but shall not exercise any
of the powers vested in the council.
68502.5.  (a) The Judicial Council may, as part of its trial court
budget process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts.  The trial court budget
process may include, but is not limited to, the following:
   (1) The receipt of budget requests from the trial courts.
   (2) The review of the trial courts' budget requests and evaluate
them against performance criteria established by the Judicial Council
by which a court's performance, level of coordination, and
efficiency can be measured.
   (3) The annual adoption of the projected cost in the subsequent
fiscal year of court operations as defined in Section 77003 for each
trial court.  This estimation shall serve as a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
   (4) The annual approval of a schedule for the allocation of moneys
to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget.  The schedule shall be based on the performance
criteria established pursuant to paragraph (2), on a minimum standard
established by the Judicial Council for the operation and staffing
of all trial court operations, and on any other factors as determined
by the Judicial Council.  This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency.  The schedule of allocations shall assure
that all trial courts receive funding for the minimum operating and
staffing standards before funding operating and staffing requests
above the minimum standards, and shall include incentives and rewards
for any trial court's implementation of efficiencies and cost saving
measures.
   (5) The reallocation of funds during the course of the fiscal year
to ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies.
Neither the state nor the counties shall have any obligation to
replace moneys appropriated for trial courts and reallocated pursuant
to this paragraph.
   (6) The allocation of funds in the Trial Court Improvement Fund to
ensure equal access to trial courts by the public, to improve trial
court operations, and to meet trial court emergencies.
   (7) Upon approval of the trial courts' budget by the Legislature,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office  at least
15 days before the due date of any allocation.
   (8) The establishment of rules regarding a court's authority to
transfer trial court funding moneys from one functional category to
another in order to address needs in any functional category.
   (9) At the request of the presiding judge of a trial court, an
independent review of the funding level of the court to determine
whether it is adequate to enable the court to discharge its statutory
and constitutional responsibilities.
   (10) From time to time, a review of the level of fees charged by
the courts for various services and prepare recommended adjustments
for forwarding to the Legislature.
   (11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
   (b) Courts and counties shall establish procedures to allow for
the sharing of information as it relates to approved budget proposals
and expenditures that impact the respective court and county
budgets.  The procedures shall include, upon the request of a court
or county, that a respective court or county shall provide the
requesting court or county a copy of its approved budget and, to the
extent possible, approved program expenditure component information
and a description of budget changes that are anticipated to have an
impact on the requesting court or county.  The Judicial Council shall
provide to the Legislature on December 31, 2001, and yearly
thereafter, budget expenditure data at the program component level
for each court.
   (c) The Judicial Council shall retain the ultimate responsibility
to adopt a budget and allocate funding for the trial courts and
perform the other activities listed in subdivision (a) that best
assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost saving measures in court
operations, in order to guarantee equal access to the courts.
68502.7.  Nothing in this chapter shall be construed to require the
state in any fiscal year to provide money for trial court costs from
any state fund that is in excess of the total amount available for
disbursement from that fund during the fiscal year.  The Judicial
Council may reallocate moneys pursuant to Section 68502.5 if at any
time during the fiscal year it determines that the amount available
for disbursement from any state fund will be less than or greater
than the amount already allocated from that fund for that fiscal
year.
68503.  Members of such committees shall receive no compensation
from the State for their services.  When called into session by the
Chairman of the Judicial Council, they 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.  Such
expenses shall be approved in such manner as the council directs, and
shall be audited by the Controller in accordance with the rules of
the Board of Control.
68503.5.  Whenever provision is made by law for appointment or
designation, by the Judicial Council or the chairman thereof, of
judges to serve on nonsalaried advisory committees, boards or
commissions the provision shall be deemed to authorize appointment or
designation of retired judges to serve on such committees, boards or
commissions.
68504.  Upon receiving information of the death, removal, or
resignation of any justice of the Supreme Court or of the courts of
appeal, or a judge of the superior court, the Secretary of the
Judicial Council shall immediately give the Controller, the Judges'
Retirement System, and the Judges' Retirement System II written
notice of such death, removal, or resignation.
68505.  The county clerks and clerks of all courts of record shall
cooperate with the Judicial Council.  They shall keep such records
and make such reports to the council, in such manner and at such
times, as the Chair of the Judicial Council requires, respecting the
condition and manner of disposal of judicial business in their
respective courts.
68506.  All salaries and expenses incurred by the council pursuant
to this article, including the necessary expenses for travel, board,
and lodging of the members of the council and its officers,
assistants, and other employees incurred in the performance of the
duties and business of the council, shall be paid from the funds
appropriated for the use of the council.  Such salaries and expenses
shall be approved in such manner as the council directs, and shall be
audited by the Controller in accordance with the rules of the Board
of Control.
68507.  The Secretary of the Judicial Council shall purchase and
provide for the installation of the flag of the United States and the
Bear Flag of California in all the courtrooms of the Supreme Court
and the courts of appeal.
68508.  No act of the Judicial Council shall be valid unless
concurred in by a majority of its members.
68509.  The Judicial Council shall meet at the call of its chairman
or as otherwise provided by it.
68510.  No member of the Judicial Council shall receive any
compensation for his services as such, but he shall be allowed his
necessary expenses for travel, board and lodging incurred in the
performance of his duties as such.
68511.  The Judicial Council may prescribe by rule the form and
content of forms used in the courts of this state.  When any such
form has been so prescribed by the Judicial Council, no court may use
a different form which has as its aim the same function as that for
which the Judicial Council's prescribed form is designed.  The
Judicial Council shall report periodically to the Legislature any
statutory changes needed to achieve uniformity in the forms used in
the courts of this state.
68511.1.  The Judicial Council shall prepare a pamphlet explaining
the nature of guardianship of a minor and the rights, duties, and
obligations of a person serving as guardian of a minor.  The pamphlet
shall be prepared in English and Spanish in language easily
understood by a lay person not trained in law.  Pamphlets shall be
distributed to the superior courts in the state for use in
guardianships established pursuant to Section 366.25 of the Welfare
and Institutions Code and for such other purposes as may be directed
or permitted by the Judicial Council.
68511.2.  Notwithstanding any other provision of law, the Judicial
Council shall provide by rule for the photographic,
microphotographic, mechanical, or electronic entry, storage, and
retrieval of court records.
68511.3.  (a) The Judicial Council shall formulate and adopt uniform
forms and rules of court for litigants proceeding in forma pauperis.
These rules shall provide for all of the following:
   (1) Standard procedures for considering and determining
applications for permission to proceed in forma pauperis, including,
in the event of a denial of permission, a written statement detailing
the reasons for denial and an evidentiary hearing where there is a
substantial evidentiary conflict.
   (2) Standard procedures to toll relevant time limitations when a
pleading or other paper accompanied by the application is timely
lodged with the court and delay is caused due to the processing of
the application to proceed in forma pauperis.
   (3) Proceeding in forma pauperis at every stage of the proceedings
at both the appellate and trial levels of the court system.
   (4) The confidentiality of the financial information provided to
the court by these litigants.
   (5) That the court may authorize the clerk of the court, county
financial officer, or other appropriate county officer to make
reasonable efforts to verify the litigant's financial condition
without compromising the confidentiality of the application.
   (6) That permission to proceed in forma pauperis be granted to all
of the following:
   (A) Litigants who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Sections 12200 to 12205, inclusive, of the Welfare
and Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Food Stamp Program (7 U.S.C. Sec. 2011 et
seq.), or Section 17000 of the Welfare and Institutions Code.
   (B) Litigants whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
   (C) Other persons when in the court's discretion, this permission
is appropriate because the litigant is unable to proceed without
using money which is necessary for the use of the litigant or the
litigant's family to provide for the common necessaries of life.
   (b) (1) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (A) of paragraph (6) of subdivision
(a) shall declare under penalty of perjury that they are receiving
the benefits and may voluntarily provide the court with their date of
birth and social security number or their Medi-Cal identification
number to permit the court to verify the applicant's receipt of
public assistance. The court may require any applicant, except a
defendant in an unlawful detainer action, who chooses not to disclose
his or her social security number for verification purposes to
attach to the application documentation of benefits to support the
claim and all other financial information on a form promulgated by
the Judicial Council for this purpose.
   (2) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (B) or (C) of paragraph (6) of
subdivision (a) shall file a financial statement under oath on a form
promulgated by, and pursuant to rules adopted by, the Judicial
Council.
   (c) The forms and rules adopted by the Judicial Council shall
provide for the disclosure of the following information about the
litigant:
   (1) Current street address.
   (2) Occupation and employer.
   (3) Monthly income and expenses.
   (4) Address and value of any real property owned directly or
beneficially.
   (5) Personal property with a value that exceeds five hundred
dollars ($500).
   The information furnished by the litigant shall be used by the
court in determining his or her ability to pay all or a portion of
the fees and costs.
   (d) At any time after the court has granted a litigant permission
to proceed in forma pauperis and prior to final disposition of the
case, the clerk of the court, county financial officer, or other
appropriate county officer may notify the court of any changed
financial circumstances which may enable the litigant to pay all or a
portion of the fees and costs which had been waived. The court may
authorize the clerk of the court, county financial officer, or other
appropriate county officer to require the litigant to appear before
and be examined by the person authorized to ascertain the validity of
their indigent status. However, no litigant shall be required to
appear more than once in any four-month period. A litigant proceeding
in forma pauperis shall notify the court within five days of any
settlement or monetary consideration received in settlement of this
litigation and of any other change in financial circumstances that
affects the litigant's ability to pay court fees and costs. After the
litigant either (1) appears before and is examined by the person
authorized to ascertain the validity of his or her indigent status or
(2) notifies the court of a change in financial circumstances, the
court may then order the litigant to pay to the court the sum and in
any manner the court believes is compatible with the litigant's
financial ability.
   In any action or proceeding in which the litigant whose fees and
costs have been waived would have been entitled to recover those fees
and costs from another party to the action or proceeding had they
been paid, the court may assess the amount of the waived fees and
costs against the other party and order the other party to pay that
sum to the court or to the clerk and serving and levying officers
respectively, or the court may order the amount of the waived fees
and costs added to the judgment and so identified by the clerk.
   Execution may be issued on any order provided for in this
subdivision in the same manner as on a judgment in a civil action.
When an amount equal to the sum due and payable to the clerk has been
collected upon the judgment, these amounts shall be remitted to the
clerk within 30 days. Thereafter, when an amount equal to the sum due
to the serving and levying officers has been collected upon the
judgment, these amounts shall be due and payable to those officers
and shall be remitted within 30 days. If the remittance is not
received by the clerk within 30 days or there is a filing of a
partial satisfaction of judgment in an amount at least equal to the
fees and costs payable to the clerk or a satisfaction of judgment has
been filed, notwithstanding any other provision of law, the court
may issue an abstract of judgment, writ of execution, or both for
recovery of those sums, plus the fees for issuance and execution and
an additional fee for administering this section. The court shall
establish a fee, not to exceed actual costs of administering this
subdivision and in no case exceeding twenty-five dollars ($25), which
shall be added to the writ of execution.
   (e) Notwithstanding subdivision (a), a person who is sentenced to
imprisonment in a state prison or confined in a county jail and,
during the period of imprisonment or confinement, files a civil
action or notice of appeal of a civil action in forma pauperis shall
be required to pay the full amount of the filing fee to the extent
provided in this subdivision.
   (1) In addition to the form required by this section for filing in
forma pauperis, an inmate shall file a copy of a statement of
account for any sums due to the inmate for the six-month period
immediately preceding the filing of the civil action or notice of
appeal of a civil action. This copy shall be certified by the
appropriate official of the Department of Corrections or a county
jail.
   (2) Upon filing the civil action or notice of appeal of a civil
action, the court shall assess, and when funds exist, collect, as a
partial payment of any required court fees, an initial partial filing
fee of 20 percent of the greater of one of the following:
   (A) The average monthly deposits to the inmate's account.
   (B) The average monthly balance in the inmate's account for the
six-month period immediately preceding the filing of the civil action
or notice of appeal.
   (3) After payment of the initial partial filing fee, the inmate
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the inmate's account. The
Department of Corrections shall forward payments from this account to
the clerk of the court each time the amount in the account exceeds
ten dollars ($10) until the filing fees are paid.
   (4) In no event shall the filing fee collected pursuant to this
subdivision exceed the amount of fees permitted by law for the
commencement of a civil action or an appeal of a civil action.
   (5) In no event shall an inmate be prohibited from bringing a
civil action or appeal of a civil action solely because the inmate
has no assets and no means to pay the initial partial filing fee.
68511.5.  Not later than January 1, 1985, the Judicial Council shall
adopt rules of court regulating the selection of appointed counsel,
other than the State Public Defender, to handle criminal appeals by
indigent defendants.  These rules shall establish procedures for the
appointment of counsel in all appellate districts.  In developing
these rules, the Judicial Council shall consider the need to include
screening of eligible appointees, the need to match the skills and
experience of the attorney with the demands of the case and the
process by which this might be done, and the need or desirability of
evaluating an attorney's performance before assigning the attorney to
another case.  Further, in developing these rules, the Judicial
Council shall consult with local bar associations and the Office of
the State Public Defender.
68511.6.  The Judicial Council shall adopt appropriate rules
providing for notice to the public and for public input to decisions
concerning administrative and financial functions of a trial court,
including, but not limited to, decisions  relating to the budget of
the trial court prior to submittal to the Judicial Council and
subsequent to budget approval.  The Judicial Council shall also adopt
appropriate rules requiring trial courts to give notice to the
public of other appropriate decisions concerning the administrative
and financial functions of the trial courts.  The provisions of this
section do not apply to the judicial or adjudicative functions of the
trial courts or to the assignment of judges.
68511.8.  (a) On or before December 1 of each year until project
completion, the Judicial Council shall provide an annual status
report to the chairperson of the budget committee in each house of
the Legislature and the chairperson of the Joint Legislative Budget
Committee with regard to the California Case Management System and
Court Accounting and Reporting System.  The report shall include, but
is not limited to, all of the following:
   (1) Project accomplishments to date.
   (2) Project activities underway.
   (3) Proposed activities.
   (4) Annual revenues and expenditures to date in support of these
projects, which shall include all costs for the Administrative Office
of the Courts and incremental court personnel, contracts, and
hardware and software.
   (b) On or before December 1 of each year until project completion,
the Administrative Office of the Courts shall provide, on an annual
basis to the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, copies of any independent project oversight report for the
California Case Management System.  The independent project
oversight report shall include, but is not limited to, a review and
an assessment of project activities, identification of deficiencies,
and recommendations to the Administrative Office of the Courts on how
to address those deficiencies.  The Administrative Office of the
Courts shall include in the annual submission descriptions on actions
taken to address identified deficiencies.
   (c) Within 18 months of fully implementing the California Case
Management System and the Court Accounting and Reporting System
projects, the Administrative Office of the Courts shall provide to
the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, a postimplementation evaluation report for each project.
The report shall include, but is not limited to, a summary of the
project background, project results, and an assessment of the
attainment of project objectives.
68512.  The Chairman of the Judicial Council, with the approval of
the Director of Finance, may adjust the salaries of the following
judicial officers by the same percent as is granted state employees
of comparable salary level as a general salary increase after July 1,
1969:
   (a) The Clerk of the Supreme Court whose salary is set by Section
68841.
   (b) The reporter of decisions for the Supreme Court and of the
courts of appeal whose salary is set by Section 68901.
68513.  The Judicial Council shall provide for the uniform entry,
storage, and retrieval of court data relating to civil cases in
superior court other than limited civil cases by means provided for
in this section, in addition to any other data relating to court
administration, including all of the following:
   (a) The category type of civil case, such as contract or personal
injury-death-property damage by motor vehicle.
   (b) The time from filing of the action to settlement.
   (c) The type of settlement procedure, if any, which contributed to
the settlement disposition.
   (d) The character and amount of any settlement made as to each
party litigant, but preserving the confidentiality of such
information if the settlement is not otherwise public.
   (e) The character and amount of any judgments rendered by court
and jury trials for comparison with settled cases.
   (f) The extent to which damages prayed for compare to settlement
or judgment in character and amount.
   (g) The extent to which collateral sources have contributed, or
will contribute, financially to satisfaction of the judgment or
settlement.
   Provision for the uniform entry, storage, and retrieval of court
data may be by use of litigant statements or forms, if available, or
by collection and analysis of statistically reliable samples.
   The Judicial Council shall report to the Legislature on or before
January 1, 1998, and annually thereafter on the uniform entry,
storage, and retrieval of court data as provided for in this section.
  The Legislature shall evaluate and adjust the level of funds
available to pay the costs of automating trial court recordkeeping
systems, pursuant to Section 68090.8, for noncompliance with the
requirements of this section.
68516.  The Judicial Council is authorized to establish a tax-exempt
public benefit nonprofit corporation, or other tax-exempt entity,
qualified under federal and state law to receive grants or other
financial support from private or public sources, for the purposes of
undertaking or funding any survey, study, publication, proceeding,
or other activity authorized by law to be undertaken by the Judicial
Council.
68518.  With advice from law enforcement and domestic violence
groups, organizations representing the interests of parents, and
staff of the appropriate policy committees of the Legislature, on or
before January 1, 1999, the Judicial Council shall establish a
single, standard, uniform form to be used by all trial courts for
temporary restraining orders and restraining or protective orders
including orders involving child custody and visitation, and a
separate standardized form for emergency protective orders.  The
Judicial Council shall also establish a standardized custody and
visitation attachment for use with these forms.
68525.  (a) The board of supervisors of each county may require each
official reporter and official temporary reporter to:
   (1) Maintain records of transcript production and related income
and expenses for inspection and auditing.
   (2) Submit annual reports derived from the records, with a
verification of their accuracy.
   (b) The reports shall be submitted in sealed envelopes to a
designated official and shall be reviewed only by those persons
having authority to inspect and audit the records and reports.  The
records and reports of each reporter shall be confidential and shall
be reviewed only to derive composite data for setting a base salary
for the official reporters and official temporary reporters of each
court.  The composite data shall be a matter of public record.
   (c) Each such annual report shall include the following
information:
   (1) The quantity and types of transcripts prepared by the official
reporters and official reporters pro tempore during the reporting
period.
   (2) The fees charged and the fees collected for such transcripts.
   (3) Expenses incurred by the reporters in connection with the
preparation of such transcripts.
   (4) The amount of time the reporters have spent in attendance upon
the courts for the purpose of reporting proceedings, and the
compensation received for this purpose.