California Court Employment Protection System

Section 71650 requires each trial court to establish a trial court employment protection system that is the minimum employment protection system for all trial court employees and is part of the sole trial court employee personnel system. The trial court employment protection system replaces any county employment protection systems applying to trial court employees prior to the implementation date.

In addition, this law establishes minimum standards, and each trial court employment protection system is required to conform, at a minimum, to the requirements of this article. However, this article does not apply to subordinate judicial officers, or managerial, temporary, or probationary employees, among others.

Section 71651 requires the trial court employment protection system in each trial court to include progressive discipline, as defined by each trial court’s personnel policies, procedures, or plans, subject to meet and confer in good faith. Except for layoffs for organizational necessity as provided, discipline is required to be for cause, which is defined in this section.

Section 71651.1 prohibits, consistent with federal and California labor law, a trial court from retaliating against an official reporter or official reporter pro tempore who notifies the judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote proceeding. This section remains in effect until January 1, 2027.

Section 71652 provides that a trial court employee may be laid off based on the organizational necessity of the court. Each trial court is required to develop, subject to meet and confer in good faith, personnel rules regarding procedures for layoffs for organizational necessity.

In addition, employees are laid off on the basis of seniority of the employees in the class of layoff, in the absence of a mutual agreement between the trial court and a recognized employee organization providing for a different order of layoff.

Section 71653 requires each trial court to establish in its personnel rules a process for conducting an evidentiary due process hearing to review disciplinary decisions that by law require an evidentiary due process hearing, which must include, at a minimum, all of the six specified elements.

Section 71654 requires each trial court to establish in its personnel rules a process for the trial court to review a hearing officer’s report and recommendation that provides, at a minimum, that the decision of the hearing officer is subject to review by following three specified actions.

Section 71655 authorizes an employee to challenge the decision of the disciplining trial court rejecting or modifying the hearing officer’s recommendation by filing a writ of mandamus in the appropriate court, and the review by that court will be based on the entire record.

In addition, if required by the writ procedure and if not previously provided to the disciplined employee, the disciplining court is required to furnish a certified copy of the record of the proceeding before the hearing officer to the disciplined employee without charge. In reviewing the disciplining trial court’s rejection or modification of the hearing officer’s recommendation, the reviewing court is bound by the hearing officer’s material factual findings that are supported by substantial evidence.

Section 71657 provides that disciplinary action served on a trial court employee prior to the implementation date of this chapter remains in effect in accordance with the procedures established under the trial court’s predecessor personnel system.

Section 71658 specifies that representatives of a trial court and representatives of recognized employee organizations may mutually agree to an implementation date of this article different from that specified.