Organization of California Courts

Chapter 1 of Title 8 of the Government Code contains general provisions related to the organization and government of our state’s courts. Section 68070 provides that every court may make rules for its own government so long as they are consistent with existing law or with the rules adopted and prescribed by the Judicial Council. These rules, however, cannot impose any charges on proceedings or filing of pleadings, or give any allowance to any officer for services.

Section 68070.5 states that, when a case is appealed, there cannot be any communication directly or indirectly between the judge or judicial officer who heard the case and any judge of the reviewing court concerning the facts or merits of the case. In addition, when a petition for an original writ names a court as a party, there cannot be any communication directly or indirectly between any judge hearing the writ and the judge or judicial officer of the court named as a party.

Section 68071 provides that no rule adopted by a superior court is to take effect until January 1 or July 1, whichever comes first, following the 45th day after it has been filed with the Judicial Council and the clerk of the court, and made immediately available for public examination. The Judicial Council may establish, by rule, a procedure for exceptions to these effective dates.

Section 68072 specifies that rules adopted by the Judicial Council, the Supreme Court, or a court of appeal take effect on a date to be fixed in the order of adoption. If no effective date is fixed, those rules take effect 60 days after their adoption.

Section 68073.1 requires any furniture, furnishings, or equipment made available by the county or city and county for use by a court to continue to be made available to the court, unless otherwise agreed in writing by the court and the county or city and county.

Section 68074 requires each court to have a seal. Section 68074.1 allows the seal of any superior court to be affixed by a seal press or stamp which will print or emboss a seal which will reproduce legibly under photographic methods.

Section 68075 requires the seal used by the Supreme Court abolished by the Constitution of 1879 to be the seal of the Supreme Court provided for in this title. The Supreme Court may direct its clerk to provide two duplicates of the seal, each of which shall have the same effect as the original.

Section 68076 requires the seals of the superior courts to be circulated, be not less than one and one-fourth inches in diameter, have in the center any word, words, or design adopted by the judges of the superior court., and have inscribed around the central words or design “Superior Court of California, County of [____],” inserting the name of the county.

Section 68079 states that a court for which the necessary seal has not been provided, or the judges of that court, must provide it. Section 68080 requires the clerk of the court to keep the seal of the court.

Section 68080.5 provides that a person who uses or allows to be used any reproduction or facsimile of the seal of the California Supreme Court, an appellate court, or a superior court in any campaign literature or mass mailing, with intent to deceive the voters, is guilty of a misdemeanor.

Section 68081 states that, before the Supreme Court, a court of appeal, or the appellate division of a superior court renders a decision in a proceeding other than a summary denial of a petition for an extraordinary writ, based upon an issue which was not proposed or briefed by any party to the proceeding, the court is required to afford the parties an opportunity to present their views on the matter through supplemental briefing. If the court fails to afford that opportunity, a rehearing is to be ordered upon timely petition of any party.

Section 68082 prohibits a court commissioner, judge, or court executive or administrative officer from practicing law in any court of this state or act as attorney, agent, or solicitor in the prosecution of any claim or application for lands, pensions, patent rights, or other proceedings before any department of the state or general government or courts of the United States

Section 68082 requires each salaried officer of a superior court to charge, collect, and promptly deposit the fees allowed in each case, as provided by law.

Section 68083.5 requires each officer of a superior court authorized to collect money to pay into the county treasury all money collected by that officer, or under the officer’s control, that is payable into the treasury in a timely manner.

Section 68084 provides, if any money is deposited with the clerk or judge of any superior court pursuant to any action or proceeding in the court, that money must be deposited as soon as practicable after the receipt with the treasurer and a duplicate receipt of the treasurer for it shall be filed with the auditor. This section does not apply to three specified funds.

Section 68084.1 specifies that any money, excluding restitution to victims, that has been deposited with a superior court, or that a superior court is holding in trust for the lawful owner, in a court bank account or in a court trust account in a county treasury, that remains unclaimed for three years becomes the property of the superior court if, after published notice pursuant to this section, the money is not claimed or no verified complaint is filed and served.

Section 68055 established the Trial Court Trust Fund, the proceeds of which are to be apportioned for the purposes authorized in this section, including apportionment to the trial courts to fund trial court operation. The apportionment payments must be made by the Controller.

Section 68085.1 applies to ten specified types of fees and fines that are collected. Each superior court is required to deposit all fees and fines listed in law as soon as practicable after collection and on a regular basis, into a bank account established for this purpose by the Administrative Office of the Courts.

In addition, within 45 calendar days after the end of the month in which the fees and fines are collected, the Administrative Office of the Courts is required to make five specified distributions. Delinquent distributions are also subject to a penalty. From the money transmitted to the State Treasury, the Controller will make five specified types of deposits as set forth.

Section 68085.2 requires the amount of each county’s annual remittance to the Trial Court Trust Fund to be reduced by the amount determined under this section.

Section 68086.3 specifies that certain fees are deposited in a bank account established by the Administrative Office of the Courts for deposit of fees collected by the courts. In addition, for each $355 fee listed, the AOC must distribute specified amounts in each county.

Section 68085.35 requires specified fees collected to be deposited in a bank account established by the Administrative Office of the Courts for deposit of fees collected by the courts. This section requires the Administrative Office of the Courts to distribute specified amounts.

Section 68085.4 requires fees collected to be deposited in a bank account established by the Administrative Office of the Courts for deposit of fees collected by the courts.

Section 68086.45 established the State Trial Court Operations Trust Fund. Upon the retirement of all bonded indebtedness that may be incurred in connection with trial court projects funded by the State Court Facilities Construction Fund, any moneys remaining in, or that would otherwise be payable into, the State Court Facilities Construction Fund, are transferred to the Controller for deposit into the State Trial Court Operations Trust Fund.

Section 68085.5 explains that specified fees and fines collected pursuant to specified provisions of the Code of Civil Procedure and Government Code that are not part of a local revenue sharing agreement or practice are to be deposited in a special account in the county treasury and transmitted monthly to the Controller for deposit in the Trial Court Trust Fund.

Section 68086 applies certain provisions to superior courts dealing with charges for court reporting services provided at the expense of the court by an official court reporter.

Section 68086.1 states that for each $355 fee collected, $30 of the amount distributed to the Trial Court Trust Fund must be used for services of an official court reporter in civil proceedings.

Section 68088 authorizes the Judicial Council to provide by rule of court for racial, ethnic, and gender bias, and sexual harassment training and training for any other bias based on any characteristic listed or defined in law for judges and subordinate judicial officers. The Judicial Council may also develop training on implicit bias with respect to the characteristics listed or defined in law. The course is required to include specified topics.

Section 68089 states that, two years after judgment in any civil action or proceeding has become final, the court may order any vouchers on file for the action or proceeding delivered to the person who filed them or to his attorney. If the person or his attorney cannot be located or fails after reasonable notice to obtain such vouchers, the court may order them destroyed by the clerk of the court.

Section 68090.8 provides a legislative finding that the management of civil and criminal cases, including traffic cases, and the accounting for funds in the trial courts requires these courts to implement appropriate levels of administrative automation. In addition, the purpose of this section is to make a fund available for the development of automated administrative systems, together with funds to train operating personnel, and for the maintenance and enhancement of the systems. The term “automated administrative systems” is defined.

Section 68091 allows the board of supervisors in each county to specify by ordinance the compensation and mileage for members of the grand jury in that county.

Section 68092 requires court interpreters’ and translators’ fees or other compensation to be paid in criminal cases, by the court; and, in civil cases, by the litigants, in proportions as the court may direct, to be taxed and collected as other costs.

Section 68092.1 provides a legislative finding and declaration that it is imperative that courts provide interpreters to all parties who require one, and that both the legislative and judicial branches of government continue in their joint commitment to carry out this shared goal. In addition, a court may provide an interpreter in any civil action or proceeding at no cost to the parties, regardless of the income of the parties.

Section 68092.5 deals with a party requiring testimony before any court, tribunal, or arbiter in any civil action or proceeding from any expert witness, other than a party or employee of a party, who is either, (1) an expert, (2) a treating physician and surgeon or other treating health care practitioner who is to be asked to express an opinion during the action or proceeding, or (3) an architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which he or she is asked to express an opinion within his or her expertise and relevant to the action or proceeding. This section requires the payment of reasonable and customary hourly or daily fee for the actual time consumed in the examination of that witness by any party attending the action or proceeding.

Section 68092 provides that witness’ fees for each day’s actual attendance, when legally required to attend a civil action or proceeding in the superior courts, are $35 a day and mileage actually traveled, both ways, twenty cents a mile.

Section 68094 states that witness’ fees for each day’s actual attendance, when legally required to attend before a grand jury, are $12 a day and mileage for each mile actually traveled in attendance as such witness, one way only twenty cents.

Section 68096.1 provides that any employee of a local agency who is obliged by a subpoena to attend a civil action or proceeding as a witness in litigation in a matter regarding an event or transaction that he or she perceived or investigated in the course of his or her duties, to which that local agency is not a party, is to receive the salary or other compensation to which he or she is normally entitled from that local agency during the time that he or she prepares for his or her response and appearance, during the time that he or she travels to and from the place where the court or other tribunal is located and while he or she is required to remain at that place pursuant to the subpoena.

Section 68097 specifies that witnesses in civil cases may demand the payment of their mileage and fees for one day, in advance, and when so demanded may not be compelled to attend until the allowances are paid, with specified exceptions.

Section 68097.1 states that, whenever an employee of the Department of Justice who is a peace officer or an analyst in a technical field, peace officer of the Department of the California Highway Patrol, peace officer member of the State Fire Marshal’s Office, sheriff, deputy sheriff, marshal, deputy marshal, district attorney inspector, probation officer, building inspector, firefighter, or city police officer is required as a witness before any court or other tribunal in any civil action or proceeding in connection with a matter regarding an event or transaction which he or she has perceived or investigated in the course of his or her duties, a subpoena requiring his or her attendance may be served by delivering a copy either to the person personally, or by delivering two copies to his or her immediate superior at the public entity.

Section 68097.2 says that any peace officer, any firefighter, any state employee, any trial court employee, or any county employee, who is obliged by a subpoena to attend as a witness, is required to receive the salary or other compensation to which he or she is normally entitled from the public entity by which he or she is employed during the time that he or she travels to and from the place where the court or other tribunal is located and while he or she is required to remain at that place pursuant to the subpoena.

Section 68097.3 provides that, whenever a member of the California Highway Patrol is not subject to a subpoena, he or she may nevertheless be required to appear as a witness before any court located in this state, in any civil action or proceeding in connection with a matter regarding an event or transaction which he has perceived or investigated in the course of his duties, by a subpoena requiring his attendance.

Section 68097.4 specifies that any member of the California Highway Patrol who is obliged to appear pursuant to a subpoena must receive from the State the salary or other compensation to which he is normally entitled as a member of the patrol during the time that he travels to and from the place where the court is located and while he is required to remain at such place pursuant to such subpoena.

Section 68097.5 prohibits any employee of the Department of Justice who is a peace officer or an analyst in a technical field, peace officer of the Department of the California Highway Patrol, peace officer member of the State Fire Marshal’s office, sheriff, deputy sheriff, marshal, deputy marshal, firefighter, or city police officer to be ordered to return by the court for subsequent proceedings beyond the day stated in the subpoena.

Section 68097.55 allows a court, upon good cause shown, may relieve a party of the duty to make any deposit or payment required by law.

Section 68097.7 states that any person who pays or offers to pay any money or other form of consideration for the services of any employee of the Department of Justice who is a peace officer or an analyst in a technical field, peace officer of the Department of the California Highway Patrol, peace officer member of the State Fire Marshal’s office, sheriff, deputy sheriff, marshal, deputy marshal, firefighter, or city police officer as a witness in any action or proceeding in connection with a matter regarding an event or transaction which he or she has perceived or investigated in the course of his or her duties in any manner other than as provided in law is guilty of a misdemeanor.

Section 68097.8 requires all deposits made pursuant to specified statutes are taxable as costs by the prevailing party.

Section 68097.9 specifies that an employee of the Department of Justice who is a peace officer or an analyst in a technical field, sheriff, deputy sheriff, marshal, deputy marshal, firefighter, or city police officer who has been subpoenaed may, in lieu of attendance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or pursuant to notice as may be agreed upon.

Section 68097.10 provides that, whenever an employee of the Department of Justice who is a peace officer or an analyst in a technical field, peace officer of the Department of the California Highway Patrol, peace officer member of the State Fire Marshal’s office, sheriff, deputy sheriff, marshal, deputy marshal, firefighter, or city police officer appears as a witness has standing to bring an action in order to recover the funds.

Section 68098 provides that witness’ fees in criminal cases in superior courts, other than fees for expert witnesses appointed by the court for the court’s needs, are charges against the same funds as grand jurors’ fees in criminal cases.

Section 68100 states that, when the court is held at a place appointed, every person held to appear at the court must appear at the place so appointed.

Section 68101 says that, whenever pursuant to law the state is entitled to receive any portion of any money, forfeited bail or fines received by a judge of any court, that portion is required as soon as practicable after the receipt, to be deposited with the county treasurer of the county in which that court is situated, and paid, by warrant of the county auditor drawn upon a requisition of the clerk or judge of the court, at least once a month to the Treasurer to be deposited in the State Treasury.

Section 68102 provides that, whenever an imprisonment has been imposed for a violation of any act, and before the termination of the sentence, the defendant is released by the vacation of the sentence of imprisonment and the imposition of such fine or forfeiture in lieu thereof, such fine or forfeiture shall be recorded and accounted for in the same manner as though it had been imposed in the first instance.

Section 68103 requires the State Controller to check the reports and records received by him with the transmittals of fines and forfeitures. Whenever it is apparent that fines or forfeitures have not been transmitted, the county auditor must and the State Controller may bring suit to enforce the collection or transmittal, or both.

Section 68104 requires records kept by any judge pursuant to existing law are open to public inspection, and may be checked by the State Controller, the Attorney General, or the district attorney of the particular county.

Section 68105 authorizes the Supreme Court, any court of appeal, or any superior court to appoint as an official phonographic reporter or as an official phonographic reporter pro tempore a person who has declared the intention to become a citizen and who is a certified shorthand reporter. The phrase “a person who has declared the intention to become a citizen” is defined.

Section 68106 provides a statement of legislative intent that recognizes the importance of increased revenues from litigants and lawyers, including increased revenues from civil filing fees. It is therefore the intent of the Legislature that courts give the highest priority to keeping courtrooms open for civil and criminal proceedings.

Section 68106.2 provides that any person has the right to obtain following information under California Rules of Court, Rule 10.802. There are five required pieces of information.

Section 68107 allows a court to order a criminal defendant upon whom a fine, forfeiture, or penalty is imposed, to disclose to the court his or her social security number in order to assist in its collection. That social security number is not a public record and is not to be disclosed except for collection purposes.

Section 68108 provides that, with designated certain days as unpaid furlough days for employees assigned to regular positions in the superior court, the court may not be in session on those days except as ordered by the presiding judge. On these furlough days, if the court clerk’s office is not open to the public, each court must permit documents to be filed at a drop box.

Section 68109 requires every court of this state to cooperate with the United States Department of Homeland Security (DHS) to identify and place a deportation hold on any defendant convicted of a felony who is determined to be an undocumented immigrant subject to deportation. The terms “cooperate” and “immigrant” are defined in this section.

Section 68110 requires every judge of a court of this state are required in open court during the presentation of causes before him or her, wear a judicial robe, which the judge must furnish at his or her own expense. The Judicial Council must, by rule, prescribe the style of such robes.

Section 68111 provides that, whenever any judge of any court of this state is a witness in an official capacity as judge in any action or proceeding, the judge is entitled to be represented at the action or proceeding by counsel of the judge’s choice, at the judge’s own expense.

Section 68114.7 specifies the coordination, consolidation, merger, or conversion of any court pursuant to this chapter or otherwise does not of itself cause any reduction in judicial or nonjudicial court employee benefit programs provided or administered by the county.

Section 68114.8 states that, in the Superior Court of San Bernardino County, the official court reporters are compensated at Step E of the range set forth in the San Bernardino County code for court reporters, unless determined otherwise by a majority of the judges of the superior court.

Section 68114.10 established in the State Treasury the Judicial Branch Workers’ Compensation Fund for the purpose of funding workers’ compensation claims for judicial branch employees, including employees of the Administrative Office of the Courts, appellate courts, participating superior courts, Commission on Judicial Performance, and Habeas Corpus Resource Center. Contributions from participating judicial branch employers that are credited to the fund. The fund is used by the Administrative Office of the Courts to pay workers’ compensation claims of judicial branch employees and administrative costs.