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California State Funding of Trial Courts

Requires the Judicial Council to adopt rules which establish a decentralized system of trial court management

By Chris Micheli, October 22, 2024 2:30 am

Section 7700 provides that this chapter is known as the Brown-Presley Trial Court Funding Act. Section 77001 requires the Judicial Council to adopt rules which establish a decentralized system of trial court management.

Section 77001.5 required the Judicial Council to adopt, and shall report to the Legislature annually thereafter upon, judicial administration standards and measures that promote the fair and efficient administration of justice, including, but not limited to, three specified subjects.

Section 77002 defines the term “board” to mean the board of supervisors of a county.

Section 77003 defines the term “court operations.”

Section 77004 defines the term “option county” to mean a county which has adopted the provisions of this chapter for the current fiscal year.

Section 77005 defines the term “state-mandated local program.”

Section 77006 defines the term “subordinate judicial officer” to mean a court commissioner or referee authorized by statute.

Section 77006.5 defines the term “trial court funding” to mean the amount of state funds provided for the operation of the trial courts appropriated in the Budget Act, and allocated or reallocated by the Judicial Council.

Section 77007 defines the term “trial court” to mean a superior court.

Section 77008 defines the term “filing fees” to mean any and all fees and charges.

Section 77009 allows the Judicial Council to establish bank accounts for the superior courts and require the courts to deposit moneys for trial court operations, and any other moneys under the control of the courts, into those accounts. Deposits to these accounts include, but are not limited to, three specified types of moneys.

Section 77009.1 authorizes a county or city and county to lend money to the trial courts of that county to help the courts with cash-flow problems or other emergency monetary needs. If a county lends a trial court money pursuant to this section, it may charge interest at the county pooled money investment account rate.

In addition, a trial court may seek a loan of funds under this section only after the Judicial Council has given notice of the loan to the Department of Finance and has approved the loan. The Judicial Council is required to adopt procedures and criteria concerning any loans of funds pursuant to this section and may delegate to the Administrative Director of the Courts the authority to approve the loan.

Section 77012 defines the term “county” to include a city and county. Section 77013 defines the term “controller” to mean the State Controller.

Section 77100 includes six legislative findings and declarations including that the trial of civil and criminal actions is an integral and necessary function of the judicial branch of state government under Article VI of the California Constitution.

Section 77101 includes a legislative finding and declaration that the expenditure of the state funds under the provisions of this chapter is in the public interest and necessary to the accomplishment of the purposes set forth above.

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