2021 California Code
Government Code - GOV
TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS
CHAPTER 1.1 - Judicial Emergencies
Section 68119.
(a) This section is intended to provide the Judicial Council and its Chairperson with continuing emergency authority as COVID-19 continues to impact California residents and the state’s judicial system. For a limited time, the Judicial Council and its Chairperson shall have the authority to take actions reasonably necessary to respond to the emergency conditions caused by COVID-19, in a manner consistent with the authority that was initially granted to the Judicial Council of California and its Chairperson under the Governor’s March 27, 2020, Executive Order N-38-20. This section is further intended to confirm that the emergency actions previously taken by the Judicial Council and its Chairperson under the authority of Executive Order N-38-20 and other laws, including emergency rules of court and statewide orders, were lawful and necessary to maintain access to the essential operations of California’s court system while protecting the health and safety of California residents. This section shall be construed to confer emergency rulemaking authority to the Judicial Council and its Chairperson to the greatest extent authorized in Section 6 of Article VI of the California Constitution, for purposes of issuing any rules or orders concerning civil or criminal court administration, practice, or procedure as they deem necessary to respond to the COVID-19 pandemic.
(b) Notwithstanding any other law, in the event that the Judicial Council, in the exercise of rulemaking authority, adopts or revises a rule, or the Chairperson issues an order, if that rule or order would otherwise be inconsistent with any state or local statute or rule concerning civil or criminal court administration, practice or procedure, the relevant state or local statute or rule is suspended, subject to the following conditions:
(1) The statute or rule is suspended only to the extent it is inconsistent with the emergency rule or order.
(2) The statute or rule is suspended only if the proposed emergency rule is adopted, or the emergency order issued.
(3) The statute or rule is suspended only while the adopted emergency rule or order is effective.
(c) The purpose of this section is to afford the Judicial Council the authority to adopt or revise any rules, and to afford the Chairperson authority to issue any orders, concerning civil or criminal court administration, practice, or procedure they deem necessary to respond to the COVID-19 pandemic, while ensuring that the rules adopted “shall not be inconsistent with statute,” as provided in Section 6 of Article VI of the California Constitution.
(d) Nothing in this section is intended in any way to restrict the Chairperson’s existing authority under Section 68115, or to alter in any way any order the Chairperson has previously issued under Section 68115 or any other legal authority.
(e) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
(Added by Stats. 2021, Ch. 257, Sec. 8. (AB 177) Effective September 23, 2021. Repealed as of January 31, 2022, by its own provisions.)
