October 21, 2026 · BudgetSubcmte 5 · 28,515 words · 7 speakers · 156 segments
The Senate Budget Subcommittee No. 5 on Corrections, Public Safety, Judiciary, Labor and Transportation We'll begin now in 60 seconds. Senate Budget Subcommittee No. 5 on Corrections, Public Safety, Judiciary, Labor and Transportation will now come to order. I'm Senator Laura Richardson, Chair of the Senate Budget Subcommittee No. 5 on the items that I previously described. Today I want to welcome you to discuss in this hearing the issue of judgeships and facility needs in California courts. I want to thank my colleague, Senator Eloise Gomez-Reyes, for her participation today, as well as the Judicial Council, court representatives, and all of our witnesses who have joined us today. I also want to note that Senator Cervantes and Senator Sayarto have also a very important interest in these issues, and we plan on working with them to produce an after-action item report that will come with recommendations to the pro tem and to the chair of the budget committee. I'm especially pleased that we're holding this important hearing here in the 35th Senate District at the Compton Courthouse providing us an opportunity to examine these issues in a community directly impacted by the accessibility and efficiency of our judicial system. Access to justice is a basic fundamental right and some of these words you might hear familiar because when when the Chief Justice gave her presentation, I stole some of her words, so I'm not plagiarizing, I'm advising you in advance that some of these quotes do come from her. Access to justice is a basic fundamental right and ensuring that our courts have the judges, resources and facilities necessary to serve the public is a responsibility we must take seriously. Across California, our courts continue to face challenges involving judicial vacancies, growing caseloads, aging facilities, and resources necessary to uphold our constitutional rights. This is why there are three separate, co-equal branches of government, each with a different responsibility. It is important that our courts have sufficient resources to not only deliver timely and fair justice, but also to protect court personnel, the public and our court systems from threats. These challenges extend beyond physical and online security to include the recruitment and retention of judges and court staff, as well as the maintenance of safe, functional, and accessible court facilities. As we'll hear today, justice is not being served in the way that it should be, and we as legislators, it's our priority to ensure that taxpayer dollars are invested responsibly while addressing the needs of our courts and the communities they serve. Today hearing will focus in one key area which is court transparency which is why we here and doing this hearing today to effectively explain the difficulties that our court system is facing in their needs to be able to properly serve the public. It is my hope that today's discussion will provide valuable insight into existing challenges, identify opportunities for improvement, and help guide for future budget and policy decisions. The 2026 budget, in conjunction with my colleague and also with the Senate budget staff, included $100 million one time and $44 million ongoing to support new judgeships. We're also looking at additional money to support court construction and maintenance. I was proud to be a part of the team to spearhead these efforts, but as I've done more research, I found that there really is so much more to do. So with that, we will welcome the other members of the committee. Senator Reyes. Thank you, Madam Chair, for this opportunity to participate in today's hearing. When you mentioned that we're here at the Compton Courthouse, I saw a few applause over the corner over there. We always love our own courthouses, and we know the needs of our courthouses, whether it's more judges or construction or repair or delayed maintenance that has been delayed for far too long. We've heard those stories. And Madam Chair wasn't just a participant of what we were able to accomplish in this budget. She was the leader in it. And without her leadership, I truly do not believe we would have received in the state budget the amount of money and the areas that needed to be covered had it not been for her leadership. And I want to thank you again. But I want to thank you again for that leadership because it makes a big difference in how a final budget is finally put together. I'm really proud that this hearing follows the state's recent budget investment, as Madam Chair has indicated of $100 million one-time funding plus the $44 million ongoing funding to support new judgeships, and also with the associated court facility projects that are mentioned in the budget. These investments are an important step toward addressing judicial shortages and improving access to justice for communities across California, and in my case, including the Inland Empire. The Inland Empire continues to face significant court workload pressures. In San Bernardino County, the Superior Court serves more than 2.2 million residents while facing a shortage of nearly 31 judgeships. Judicial officers are managing caseloads approximately 18% above the state average. I do want to thank our representatives from San Bernardino who have been in my ear to make sure that we take care of what needs to be taken care of. Riverside County has a shortage of 45 judgeships. So between the two counties in San Bernardino, we account for almost 50%, it's 47, almost 48% of all judicial shortages. And I sincerely appreciate the emphasis that Madam Chair has placed on making sure that we are equitable in what we do These numbers underscore a simple reality Justice delayed is justice denied When our courts lack the resources and judicial capacity they need it can mean longer waits and greater barriers for the people who depend on them. Funding new judgeships and the facilities needed to support them is a critical investment in ensuring that all Californians have equitable and timely access to justice. I look forward to today's discussion on how we can ensure these resources are allocated equitably across counties, including rural and historically underserved communities and directed to the areas of the greatest need. The work of our judicial officers is invaluable, and I look forward to hearing from our judges, from judicial counsel, the legislative Analyst's Office and other experts on how we can continue addressing California statewide judicial needs and strengthening access to justice for all. Thank you. Thank you, Madam Chair. Thank you very much. With that, we're going to start with our first panel, and the title of that is Judicial Need and Allocation of New Judgeships. Let's start with our first issue, and we will start with Drew Zadabour from the Legislative office, followed by Jake Chatters, Leah Rose Biglin, Judge Jackson, Mr. Z, and those of us who are here know who that is, Lachko Thuradorovic. I'm going to get his name perfect before I finish my time. If all of you could please come for me. With that, we will begin with Mr. Soderborg.
Board Legislative Analyst's Office. Good afternoon, Madam Chair and Senator. Today I will be presenting from this handout, which you should have in front of you today. If you turn to page one of that handout, you'll find our discussion of the new judgeships. As was mentioned earlier, the 2026-27 budget included $100 million from the general fund in 2026-27 and $44 million ongoing beginning in 2027-28 to support the establishment of 13 new judgeships. These judgeships will be rolled out in the last quarter of each fiscal year, three being added each year from 2026 to 2029-30. And then in 2030-31, the final judgeship will be established in the last quarter of that fiscal year. The funding for these judgeships not only supports the judges, but also a complement of trial court staff, such as clerks and interpreters. the cost of court security provided by bailiffs supplied by the county sheriff, as well as funding for courtroom facility projects to accommodate the new judges. If you turn to page two of the handout, you will see a figure showing how the new judgeships will be allocated. These judgeships will be allocated based on the Judicial Needs Assessment Study, which is regularly carried out by the Judicial Council and uses information about court workload to estimate the number of additional judges needed. The recently updated study estimates that statewide 159 additional judges are needed across 18 different counties Based on this assessment the 13 judgeships will be allocated as shown in the figure below. That concludes my remarks about the judgeships. I'm happy to
take questions at the appropriate time. Thank you. Now we'll go to Jake, our
court executive officer for Placer County for the place or court so I'm Jake chatters I'm the chair of the data analytics advisory committee to the Judicial Council and the court executive officer for the Superior Court of Placer County California's trial courts need additional judicial resources to provide equal access to justice in our state these needs are focused in 18 of our counties and courts which have a combined need for 159 additional judgeships based on as you just heard on the judicial needs assessment completed this month this need is concentrated in the Inland Empire and Central Valley and with small to medium-sized courts in Northern California which is consistent with our prior assessments the 2026 budget act took a step in addressing these needs by funding 13 additional judgeships judgeships the Judicial counsel allocated last Friday to nine trial courts. While those courts, of which mine is one, deeply appreciate the increase in judicial time those positions will provide, the gap in judgeships and judge time remains severe with an additional 146 judgeships still needed. Judicial need in California is calculated using a weighted caseload model. Weighted caseload allows us to reflect the difference in judicial time on average to take different types of cases from start to their final conclusion. For example, many individuals opt to attend traffic school rather than request a court hearing when they receive a traffic citation. In these instances, there is no judicial time spent on our case. By contrast, families that are interacting with our dependency courts have a multiple hearing process with appointed legal counsel at their side where the judicial officer spends substantial time evaluating the best interest of the child. A weighted caseload model means we count the single traffic infraction and the single dependency action not as equal workload but in a way that reflects the greater need for judicial time and varying case types the need for 146 additional judgeships thanks the reduction of the 13 in the budget act is based on a brand new set of case weights the updated case weights were approved this past Friday and the result of the most comprehensive study of judicial workload in California judicial branch history more than 1,200 judicial officers from 18 courts participated which represented over 60% of California judicial officers. Their participation rate is a very astounding 98%. This process included time studies, focus groups, and extensive data review by the National Center for State Courts, Judicial Council staff, and the Data Analytics Advisory Committee to the Judicial Council. The study revealed that most, although not all, case types take more judicial time today on average than they did in pre-pandemic years. In felony cases, this is largely due to expanded bail and detention decision-making diversion options and resentencing reviews across nearly all case types the introduction of AI and increases in digital based evidence have increased the volume of information that requires judicial review as mentioned on even numbered years the Judicial Council is required to report on the judicial need across California Sorry? Skip here. The judicial needs study, which will be transmitted to the legislature by November 1st of this year, combined the case weights I just mentioned with three-year average case filings in each Superior Court to determine the demand for case-driven judicial time. This is then compared to a judicial full-time equivalent just like you would see for a full-time equivalent on staffing and budget change proposals but it focuses solely on case-related work. This then derives judicial need in each trial court and as mentioned reveals that as of today 146 additional judges are needed and that brings us to the question of how those are allocated. The methodology for allocating judgeships was first approved by the Judicial Council in 2001 and is now codified in Government Code section 69614. It was adapted from the Huntington Hill method used to apportion seats in Congress. The methodology considers absolute need, adjusts for proportional need after each hypothetical allocation, and gives additional weight to a court's first judgeship. This approach helps to balance the need across large and small courts, ensuring that large courts like Orange County who may have a lower proportional need but have a double-digit need in terms of judge positions and a small court like Yuba which has a judge gap of more than 40% but only needs two judges ensures they're both considered when only a small number of new judges are funded this can result in what appears to be an odd result for example a large proportional improvement for a small court that receives one judgeship and a lower proportional gain for a large court even when it receives several new judges these results are less likely when a larger number of judges are allocated at once as the balancing factors in the methodology are more effective in a larger sample the data analytics advisory committee is committed to reviewing this methodology in the coming 12 to 24 months to reevaluate these priorities and make a recommendation to the Judicial Council on whether to preserve or modify this approach this timing would result in completion of this review before the next judicial needs assessment in 2028 at which time it is my hope that we'll use this methodology to allocate another group of much-needed new judgeships thank you
thank you are you speaking on behalf of Placer County or on behalf of overall
the methodology on the method as the chair of the data analytics advisory committee which is responsible for overseeing the development of the study itself and the recommendation of the digital counsel okay thank you thank you
for clarifying that but he also wanted to make sure we knew that Placer County
I did get one. Yes. Yes. That's very good. Exactly.
Honorable Jacqueline Jackson, who's the presiding judge at Riverside Court.
Thank you so much for allowing me to speak to you today. I appreciate that time you've given.
So there are experts on the methodology.
I am not one of those. I'm just asked to talk about the experience of being a court that is large, fast-growing, one of the biggest in our state with the deficit of judges we currently have and how appreciative we are of the new study and also the work this committee has done to assist us with getting our additional judgeships we're very grateful for that so focusing on people and litigants or court users I want to talk a little bit about who comes to court we know there are parents looking for resolution of custody or other disputes with children we have a lot of housing disputes or people wanting a safe place to sleep at night and maybe landlords wanting property back and so those are urgent in the court alleged victims be accused of crimes and children also in areas like dependency or probate whose families can't take care of them or aren't able to at that time and they all looking for a timely resolution of their disputes and And so when our county thinks about the growing judicial need in 2022 the needs assessment had Riverside at meeting about 22 additional judges as mr. chatters had said the current one brings us to 45 and that impact on the individuals that come to the courthouse steps has been pretty significant for us. So as one example in family law in 2023, if a hearing was requested today, we could bring them to court in Riverside in 51 days. That's a very long time, but that's what our calendar is provided for. As I speak to you at this time, that number has increased to 78 days. For some school children that's an entire summer of not knowing about custody or which school they might attend or which doctors they may be going to as their parents or caregivers need court assistance with navigating that for them it's a very long time another brief example I'll give is one that is pretty well known I believe our criminal proceedings so for some context my court devotes 50% of all resources to our criminal division, bench officers, staff, resources. Even so, between January of 2023 and March of this year, we had to dismiss 494 criminal trials. We did not have the capacity to get them out to trial in a timely fashion. To give a brief snapshot of what my trial judge's day looks like, When they send one jury out to start deliberation, not returning with a verdict, start deliberation, a new case immediately comes. And they're working with those lawyers, those litigants, a new veneer. And they're picking a new jury or working on motions before the other jury is back with a verdict. We have done that for years and years. And even so, we had almost 500 cases dismissed in that period of time I had mentioned. And so looking at levering technology to help us be more efficient, we have tried very hard to do that. Both our bench and court administrators are very behind that. It has improved the ability to get access to the courts to get things through a little quicker. However, efficiency alone has not, and we don't believe it can, completely make up for the lack of our judicial resources. And so for us, the additional judges mean better capacity to enter court, more calendars, more trial courts, and the ability for us to reduce those delays that do concern us. We want to do very good work for the citizens of our county and everyone who comes to the courthouse stores. And so it would allow us to be much more sufficient. Of course, those judgeships need to be supported by staff and facilities and technology. And we know that this committee has been very diligent at looking at that whole picture, and we do appreciate that as well. Those 13 new judgeships are invaluable to us. We are so grateful to this committee and also the judicial needs assessment for looking at that so closely and being able to provide a way for us to get that help we need soon with those judicial resources. We don't take that for granted, and we're very appreciative of the legislature's investment in the courts in that way. And we want to continue partnering with, you know, as we look at what the courts need. Riverside needs 45 but the branch needs 159 And we see that as well as a state we really want to be able to have people get timely meaningful access to justice no matter where they live and no matter what kind of case brings them to our courthouse steps and so I'm very grateful for your time and consideration and the work I know has already occurred on behalf of the courts we just want to thank you and we look forward to continuing to move forward for that thank you very much with that we'll turn to Leah Rose Goodwin she's our chief on
data and analytics with the Judicial Council thank you senator so mr. Chatters
and I combined our time together so that he could give you a full picture I don't have anything further to add other than I'd be happy to support the panel with any questions that you might have okay thank you mr. Z here is support thank
you senator okay able available for questions okay um what is your title
officially I am a budget director budget services at the council okay could we
grab another chair or mr. Z because we have our right over here I think there might be some things you may find the need to chime into. So in light of the presentation that was made, I'd like to go back to a couple things. So my staff and I, we did an analysis and following the current judicial counsel's methodology, we looked at if the amount of judges were would be distributed as the current methodology allows for the fastest growing counties in the state of California it would take them actually at least eight years to meet their a hundred percent this was back in 2022 for them to get to a hundred percent of their allotment, it would take approximately eight years where other communities would actually reach their 100% goal or need, maybe a judicial need as the proper term, in order to do that. And then when I looked at the upcoming, the new prioritization that's come out that considers additional things, it's similar in that case as well. And let me be more specific in my example. So for example, for 2026, if we follow the methodology as you presented, Riverside receiving four, San Bernardino two, and then Kearns Stan, Stanulus, I know I said that wrong, San Joaquin, Sacramento, Fresno, and Placer County all receive one. the fastest growing counties with the greatest need would only receive 9% respectively in the Riverside County and I think this is 6% for San Bernardino whereas for example San Joaquin would receive 11% of their need Fresno would receive 13% of their need and Placer County through that one would receive 25% of its need. So I did a little research because those of you who come before me in this last year of being chair know that this has been something I continually asked And so I got tons of information to read And so what you described as your methodology let see the methodology also gives additional weight to each court first judgeship ensuring positions are distributed broadly across the state, rather than concentrating in the courts with the largest numeric need. So for me as a legislator, it's hard for me to understand why we would focus particular weighting in other areas when we're really not addressing the largest need. So my question is this, is the Judicial Council willing to be open for future allocations? I'm not talking about the one that we have now, but is the Judicial Council willing to be open to consider looking at the counties that have the greatest need. I'm not saying you have to completely throw out your methodology, but is there an openness to re-look at can't we focus on the counties with the greatest need. Maybe, you know, they get double of what they normally would have gotten, and then the others still get some if we're willing as legislators to help fund that. And the reason why I say that is, I mean I get the idea that you want all of the counties to get something, I get that, but when you have other communities that are suffering greatly, it just, it just doesn't, you know, it just doesn't make sense. And then to have this a greater weight on the fact that, you know, well you already got one, so now we'll wait, you know, before you can get one more, it's just completely different from the way we typically and being a member on the budget evaluate things. So what I'm just willing, I'm not willing, my request, my question is, is the Judicial Council, I know you spent much effort on this methodology, I know what's being used across the country, I read all of that, I know it follows all these amazing things, but it doesn't change the fact that we have desperately needed communities that meanwhile the methodology you know is helpful but it's it's not really it's going to take us so long then to reach the other side so is there any willingness on behalf of the council to at least work with the legislature I did read in one of the reports that the Judicial Council has enjoyed the fact that the legislature and the governor has you know allowed it to follow the methodology you know that it's done meaning I'm glad you guys have stayed out of our pot and leave us alone and let us do it. That's the way I rephrase it. But I just I hope that you would also respect that we work in these communities. We talk to the people who say I've waited 75 days for a resolution or whatever. So my question is I said all of that to say, is there a willingness on the Judicial Council if we can help with additional resources so that you still do, you know, the one-offs for Placer County that helped them get 25 percent. But if we can reach and do more, can we get, are you willing to work with us that when we reach to do more, it can help go to those counties that have the numeric need. Because it, we just, we got to
balance this better the short answer is I can't speak for the council itself right but as an advisory committee to the council the data analytics advisory committee which prepares these recommendations to the council we have listed on our work plan for the next year to look at that prioritization methodology so from our standpoint yes we hear from both courts that both have a large numeric need so Riverside or San Bernardino and you hear from you might hear from them saying although that's not what you said judge but saying you know we want more of these judges would be helpful because we need 50 judges that's a big number you also hear from the smaller courts you might hear from Lake County which has a very high percentage need but they only need one judge and so trying to balance to your point how do you know for that community needing one judge which might be 50% it's not a 50% increase whatever that increase is you know they don't want to be they don't want to feel like their need as a smaller community won't be mad so we do hear from both of those elements and but yes the short answer to your question is is yes on the advisory committee side we intend to look at that over the next one to two years and intend to make some recommendation of the
council so that can I build upon my question I also read that and you know I'm not a judge I'm not a lawyer so I'm doing the best that I can on this subject matter but I also read somewhere that based upon some cases you have a requirement of two judges or two justices for a particular area and I'm just wondering have you guys also explored maybe some other creative ways to help smaller courthouses whether it's through remote whether it's through sharing you know if there's neighboring and maybe you know a smaller maybe not an edifice like an official courthouse but maybe a mobile courthouse or something that could be created I know we're using what are they called the buildings the outdoor built the mobile what yes have have we is there a willingness of the council to maybe think out of the box that could still help rural communities because I I support all the communities to still get their needs met but maybe not necessarily in the traditional way of okay we need one more so now we're going to have one courtroom with one judge and we're only going to hear X amount of cases when maybe we could look at how we're providing that service differently because I was reading where you know it can be point three or point five or whatever that's needed have we have we looked at maybe how we provide the service to our constituents such that maybe it doesn't have to be the one person in the courtroom but they're still getting the service and then that way communities that have this huge backlog and issues can have more of the support that way or traveling or you know whatever are are we working on thinking out of the box with some of these ideas
so I think if you're referring to the two judge court so like Alpine County which has you know not a large population but they do have two judge ships in Alpine County I think it's that those are the counties you're talking about as two judges yeah so working from wrongly but if the two judge courts are established in the Constitution that they're required to have two judges in that county. So I would say I don know to what extent there been any dialogue about changing the Constitution around them having two judges I do know just from experience that you know judges who are in and I take Alpine County because I know them Know this of them firsthand those judges will go to other counties and fill in and other courts So if they if their courthouse is dark They might be going to fill into Nevada County or someplace else based on an absence or a vacancy in those other counties So those resources do get shared Courts have reciprocal agreements with some of their neighbors. So in the event that the bench has to recuse itself can't hear a case They can rely on a neighbor to handle that if there are I don't know many courts that don't don't fill out their judges docket But if they didn't there is an ability for a judge to go to another county and help out at the request of the two presiding judges
And is that reflected can that be reflected in the roll-up of the need then of some of those adjoining and neighboring
courts we've never done that I think because of the presumption in the Constitution the California Constitution yes there also is a program called the assigned judges program that the chief upon request of the courts will send often retired judges to the counties that have needs of which I believe Riverside has received that kind of support so there are ways that we're trying as a branch with the resources we have to help meet the need. But it's clearly not consistent. There are limitations on how many days these judges can work, but we are looking at that. But it fundamentally comes down to getting larger numbers. The 13 is a relatively small number. And when we were looking at this methodology, and they can speak to it better than I can, which is We were looking at it in larger pieces, not the 13s, but 50s. So then when you have that and you're getting 50, then we're going to get to your point as far as meeting everybody's initial need. So 50 would be one-third of the current list, whereas the 26 that were approved a couple of years ago was an amazing, a great opportunity that the legislature was taken to authorize additional judgeships. We just need the funding in larger pieces, but we are, again, thankful and working to see if we can get more judgeships out of the funding that was approved in the budget.
Okay. I'm willing to fight for the funding. I'm just willing to fight for the funding if we're going to have some flexibility in our methodology is what I'm saying. Because, again, I hear what you're saying, but I also am seeking you hearing what I'm saying. And that we can't wait for the fastest growing county in the state to have to wait eight years to get at their 100% while five other counties get to their 100% in year one or two. It just isn't, it just is not the best use of our investment. So as long as there's an openness to work with us. I would also say that later in this hearing we're going to talk about facilities. And you didn't mention it, but I've also learned that a part of having more judges is we need to make sure that we have the facilities, we have the courthouses, we have all of the support that's required. So I realize it's a multi-pronged thing, but I'm just hoping and one of the asks that I'm going to have at the end of this hearing is that we really come to the table when we do a follow-up of this, that we come to the table with some ideas, some short-term, mid-term, long-term ways. Because if we going to look let say at a county and say in order for us to do let say 12 or 15 or 20 judges in the fastest county in the state we going to need a new courthouse And in order for us to do a new courthouse, that's going to take us 5-10 years. So if it's going to take us 5-10 years, well why don't we give them to these other counties? And so what happens is though that continues to happen, we don't get then that new courthouse or it takes 10, 20, 30 years to get it and by then the people who actually need the support are still waiting and so I think we have to get away from you know only one way of looking at it and begin to think about how can we figure this out to address the problem. Yes. Working with
you on those things and as Mr. Chatter said we are open and looking for the partnership to to expand access absolutely yes yes I just wanted to point out also that the legislature always retains the ability to allocate judgeships by changing statute and determining specifically where they go as you're no doubt aware that's a power that the legislature does have thank you
for telling mr. chatters that I didn't want to pop this bubble of him throwing the Constitution at me for him not to know that we can still do it. But thank you so much, and that's absolutely correct. Yeah, thank you. Senator Reyes. Thank you so much, and I sincerely appreciate the questions and this conversation, especially because we know that it's the Inland Empire, when we're talking about the greatest need, we are talking about the Inland Empire. We are the fastest-growing and that is why there's great interest for myself and my colleagues Senator Sayarto and Senator Cervantes in in trying to find ways that take care of the people that need justice and those are really important questions about how we really allocate this and yes the legislature does have the ability to to to introduce legislation and and when we're talking the budget as well the special requests we do want to find a way that is that provides the greatest equity throughout the state of California also I one question that I that I did have now we're talking about the mobile courtrooms I don't know how many of our courtrooms do have a mobile unit I do know that San Bernardino does I forget the name of it Jim the Jim mobile and that justice in motion and they do go out to the more rural areas of San Bernardino County and provide services which I think is it's very innovative and I hope more of our counties are doing the same thing another is annuitant judges is this the same thing that we're talking about earlier many of my my friends who retired as judges are now annuitants and I think it's a great help to to our system to have the annuitants come back they have that experience their hours are limited which is good for them they don't have to spend their entire life in the courtroom and I think that's that's really really good in the 2022 assessment that was done it showed that San Bernardino needed 130 judges and Riverside needed 112 judges And Riverside had 89 and San Bernardino had 100 And so the need there was almost 31 for San Bernardino and almost 23 for Riverside. What is the difference now when we look at those numbers from 2022 compared to the numbers we have now where both courthouses have about the same need of 134 almost 135 each. Did Riverside not get any judges this last time around? Are you looking... Because now we have 45 needed for Riverside, 31 for San Bernardino. So the updated that the difference there is not
just about whether or not either of those jurisdictions received additional judgeships through funding. The judicial needs assessment looks at what are the changes in terms of how much time each type of case takes and what are the trends in terms of individual filings in those counties. So to the extent that there is a difference in the total number of judicial positions needed between 2022 and 2026, now that is a factor of a change in how much you know judicial time it takes for each type of case and or the filing mix within that county so I don't have a direct answer for what what impacted those two individual counties on why went up and down whether it was just case type change our case weight changes or filing mix changes but that is why we redo that study every two years because sometimes you have unfortunately felony cases rise and so that means there's more work for judges or it could go hopefully you're seeing the opposite in juvenile cases and they're going down as there's less
work for judges so we try to balance that out every couple years wonderful I do want to thank you judge Jackson for being here I think knowing that you are with the 2026 the county with the greatest need of judges to have you here with us I think is extremely important you provide a different perspective that other counties aren't able to because it's numbers there. Yes, there are some counties that need two judges. They only have one, so they're missing 50% of the judges. And we do have to take that into consideration. I recognize that. But having the county with the greatest need here, I think, is extremely important. I do want to thank you for being here.
all of your support we notice we appreciate you thank you before we go to
the next panel what I'd like to say to all of you is that this this happened to me when I served in Congress I found that oftentimes staff or individuals who are supporting in some capacity you know there's you have to kind of play by the the rules. And I noticed you all said, you know, thank you so much to the legislature, and we appreciate that. But really, we should be doing a lot better, frankly. And your Chief Justice actually said that to us when she gave the state of the judiciary to the legislature. And so what I want to challenge you to do is when you come before us, you know, I know it's not very popular, but we need know what you need, and we need to know how to do it. That's why we're here. If we didn't care or want to do it, we wouldn't be here. We'd be working on the other 50 million things that we need to be doing, but we understand that this is a problem. And so we'll be subsequent questions. Also the other senators, I'm sure we'll have follow-up questions, but please answer them truthfully, and I know you do, you take a note to do that, but I'm maybe truthfully is not the word. Please not feel inhibited by our roles, and please tell us what you need and how we get there, because we want to get there. Frankly, we have to get there, because at this pace, I was when I read that I think it was in 2007 50 were authorized it took to 2009 maybe two were then funded then it went into 2018 2019 to 2022 before half of them were actually funded then that subsequent year we had the other 50% we can't spend, we as a legislature cannot take 20 years to fill half of the judgeships that you need. That is not going to work and that's why we're here. So we really need you to work with us, tell us, help us to understand, be flexible in how you think of how we can provide services so that we can get more at this number. And I just want to encourage you to do that. With that, please don't sneak away even though your part is done because we will be covering facilities and because facilities has a large part in how judges are allotted there may be some follow-up questions so if you don't mind sticking around we would greatly appreciate it thank you very much we will now now we're going to turn to our second panel which is judicial salaries with that panelists please come to the table we'll again start with mr. Soderbh or from the legislative analyst office
followed by judge Walton and judge Vallejo here on behalf of the California judges association and
then we will have Justice Hill and still from the budget side Mr. C will be here to join us we will start with Mr. Soderborg. Drew Soderborg, Legislative
Analyst's Office. If you turn to page three of your handout you'll see a discussion of salaries for trial court judges. Statute establishes judges salaries and governs their annual raises the California Department of Human Resources also known as Cal HR calculates annual increases in judges salaries which become effective on July 1 the formula used to calculate them is tied to the average annual salary increase received by state employees looking at base salary alone California judges are among the most highly paid in the nation with only four states and jurisdictions paying more. However, once, and this is according to an analysis carried out by the National Center for State Courts, however, once cost of living is factored in, California moves from fifth to 28th in the nation. Additionally, as you can see in the figure, trial court judges' salaries have grown at a relatively slow rate and have not kept up with with price increases. Specifically, well, salaries have increased by 26% over the last decade. The California Consumer Price Index over that time period has increased by 33 It is important to note however that this just focuses on the base salaries There are some counties that give trial court judges additional benefits that can contribute to salary. The Judicial Council last formally studied county supplementary benefits in 2009, so our information is somewhat dated here. It found at that point in time that 90% of trial court judges served in counties that provided some sort of supplemental benefit. For example, as of 2015, Los Angeles County contributed funds to allow trial court judges to purchase medical, dental, vision coverage, or life and disability services insurance. And any funds not used to purchase these benefits could be retained by the judges as supplements to their salary. At that point, it amounted to $57,000 annually. Other counties, however, might offer different supplementary benefits, such as a gym stipend or parking allowances. And at the time of the 2009 study, there were some counties that didn't offer any supplemental benefits. At that point in time, Alpine, Inyo, and San Benito offered no supplementary benefits. It is also important to point out that the pay structure has been subject to litigation. So a lawsuit filed against the state in 2014 argued that the state wrongfully withheld salary increases from trial court judges between 2008 and 2013, and a court ultimately issued a $40 million judgment against the state in that case.
Currently, there is litigation ongoing on this topic. A lawsuit was filed in 2024 arguing that CalHR's formula for calculating annual increases inappropriately excluded targeted wage increases, and that litigation remains ongoing. Happy to answer any questions at the appropriate time. Thank you. Honorable Judge Laura Welton.
Thank you. I want to first thank the chair, Senator Richardson, and Senator Gomez-Reyes for your support, constant support to the judiciary. And thank you for allowing us to appear today. I'm Laura Walton, judge of the Los Angeles Superior Court, and I'm appearing today in the capacity of the vice president of the California Judges Association. For the past 19 years, judges have had to rely on Government Code 68203 for their judicial salaries to keep pace with inflation. And during that time, inflation has increased 60% while judicial salaries have only increased 35%. we understand that this was not intentional but yet it has occurred over the past 19 years the last time there's been a gap in inflation as well as judicial salaries was right before the Great Recession and in 2001 the legislature stepped in they gave judges an unscheduled eight and a half percent increase in pay, and then again in 2007, the legislature stepped in and gave judges another 8.5% increase in pay, so that judges pay could stay in tune with inflation However since 2007 judges have had to rely solely on government code 68203 for any salary increases and judges did not receive a salary increase in 2025 or 2026 and we don't anticipate at this time receiving one in 2027 based on government code Section 68203. And another comparison I would like to point out is when you compare judges' salaries with those of public attorneys. And we're not talking about private attorneys that work in the big firms, because we know the first year associates start out at 250,000 or more, which is more than a judge made. And we're not even talking about the elected public attorneys, like the district attorney or the public defender of various counties but i'd like to point out a few comparisons when you look at the salaries of the senior attorneys in the public defenders and district attorney's offices those that run the day-to-day operations they make more than we do as judges and if you look at counties such as los Angeles, Orange County, San Francisco area, Alameda, judges there, I'm sorry, the senior attorneys there make anywhere from 35% or more than we do as judicial officers. And then if you want to say, well, that's in the big city and, you know, you have the market because attorneys get paid so much in Los Angeles and the big city, we even made the comparison for some of the mid-sized counties like Monterey, Solano, Napa, and still the senior attorneys in the district attorneys and public defender's office still make 21% to 10% more than we do as judicial officers. In San Francisco, most of the city attorneys make more than we do as judges. Half of the district attorneys make more than we do as judges and a third of the public defenders make more than we do as judges in san francisco and this has started to affect um our ability honestly as judicial officers to retain excellent judges and just to give you a few examples 20 judges left los angeles County left the bench this year. Many of those were appointees by Brown and Newsom. In San Francisco, one out of every six judges, one out of every six, has less than a year of judicial experience on the bench. And two judges in Riverside left before their pensions even vested. And they are leaving to go do other jobs that make them more money. And it saddens me because we have some of the most diverse judiciary in the country, which reflects the citizens of California that my colleagues are starting to leave because their salaries are lagging behind. And this is not new. This really isn't anything new. If we even look back, I'll go back just as far as 1960, The legislature set judicial salaries to go with the cost of living. And then when that fell behind still fell behind inflation they reset our judicial salaries in statute in 1980 And then in 2000 as I discussed they gave us an unscheduled 2001 an unscheduled pay increase and another one in 2007 so that judicial salaries will stay in tune with inflation. And so it seems to occur every 20 years or so, we as judicial officers are back here at the table asking the legislature to please reset our salaries. It hasn't been done since the last unscheduled pay increase in 2007, and we're almost here at 2027. and we're just asking that you work with us so that you can fix this problem and allow our judicial salaries to stay in tune with the rate of inflation thank you for the opportunity to speak here today on behalf of the California judges Association thank you very much honorable judge Tania Vallejo thank you
so much I'm here as the secretary treasurer of the California judges Association. I would also like to thank the both of you. I heard your earlier remarks about thanking, but what I did want to say to you is all of us judges were former lawyers, and one of the things that we were always grateful for was the time that judges gave us when all we wanted was to be heard, have a judge that was pensive and reflective, and in our efforts, the both of you have given us that time especially throughout the last several months in our efforts and so I think that's really why we are so so grateful today that you have given us this opportunity all of my all of our time was allotted to judge Walton and so I'm really here to answer any questions that you may have thank you thank you
before though I realized your time was allotted but we still have discretion here from your perspective from a diversity perspective how important is it with recruitment to attract women diversity and so on to judge up positions in light of what you're seeing with the pay I can say that I am a
Newsom appointee and when I I was a lawyer I was a public defender and one of the things that I believe the governor saw in me that I share with so many of my colleagues are the fact that I'm a normal regular Californian I have small children I have challenges like childcare challenges we don't hybrid work and so those are real challenges like every Californian that comes before my court as a Latina woman I can tell you that statistically there are only 6% of Latinos going through law schools and coming out of law schools, which means the pipeline is not a very robust pipeline coming through to be appointed as judicial officers. Many times, it is challenging to get work where you are big firm work. And so a lot of my colleagues coming out of law school were mid-sized firms, or they are coming into public defender work or prosecutor work. And so when you are first generation like I am, and you are saddled with loans like I was saddled with loans, It's very hard to make sure that you are balancing child care needs, repaying loans, and you really want to do the work of service in the community. That's why a lot of us do come from the public sector and a lot of us become judges because we want to make sure that we continue on that journey. And so it is really hard, I can tell you, to recruit diversity, women, women with small children, because I'm consistently asked, well, how do you do that? Because you've got to be on the bench until X amount of time. There is no hybrid work. And I'm very, very quite candid about it. And it is, yes, we have to expend money on child care and figure out those needs. And they do become financially challenging. When I left the public defender's office, I left as a manager and my income would be more right now if I was still there. But I can tell you that the ability to be on the bench and have people that come before me that I know are seeing someone on the bench that is reflective of all Californians is extremely important to me, and it's extremely important to a lot of my colleagues. And so the financial challenges, we continue to go with those financial challenges because we understand the greater good of being able to offer all of the things that we do on a daily basis to the Californians that come before us, and we take great pride in that. Thank you.
Thank you. Honorable Justice Brad Hill, this isn't our first rodeo. Welcome back.
Well, it's nice to be back. Thank you very much. Thank you. I'll just echo the thanks from the entire panel for shining a light on this issue. California's Chief Justice Patricia Guerrero has stressed the need for adequate compensation for state judges, and she did so in her State of Judiciary address, which you heard. She stated that for the judicial branch of government to fulfill its mandate to deliver the highest quality of justice and service, it must be able to attract and retain the best qualified candidates to the bench. And as has been noted by the previous panelists, this issue also directly impacts the state's ability to recruit and retain a diverse judiciary. This is a concern that needs to be addressed, as we cannot afford to make it harder and harder for lawyers to consider applying for a judgeship. As a member of Governor Newsom's Judicial Selection Advisory Committee, I've had increasing difficulty convincing candidates to apply over the years. I've run into a number of people who say I would love to, but again, I am not financially able to make that kind of commitment at this time. and to take that kind of a cut. I've also seen an exodus of very experienced judges who are seeking other opportunities. This issue of retention is equally important, as the chief has pointed out, and one that greatly impacts the courts. Unless we address this growing salary gap, we face a reality where our applicant pool becomes very limited and our bench far less experience. Helping to narrow this gap represents a sound public investment that will support recruitment of highly qualified candidates to the bench and at the same time retain experienced judges. This investment will strengthen the courts in the long term, the health and stability of our state government, and we very much appreciate you shining a light on this issue. Thank you.
Thank you, Justice Hill. If I might your hair is a beautiful color Mine not quite that way because I dye it But if I might ask you how long were you a lawyer before you became a judge
I was a lawyer for about, I was appointed when I was 36, so about seven or eight years. I've been on the bench 35 years. And I took a pay cut to join the bench.
Wow. And when you see you spoke about the difficulty, you know, of recruiting folks, can you tell me what it was like when you first were appointed to the bench? What a, you know, an honor or something that people strove, strived for as lawyers to become a part of the judge role versus being a lawyer. how has that changed from you know when you first were appointed to what you see
now and the fact that it's very difficult to recruit well it obviously is an honor of a lifetime all of us would agree with that we we cherish the opportunity to do what we're doing and that's why I've been on 35 years and hope to be on for another five or ten but by the same token there are people in circumstances where they simply cannot avail themselves of that opportunity they have families, they have obligations, and I've talked to a lot of people who really would like that opportunity. They're very honored to be considered, but they just financially have to make that decision with the number of children that they may have that they may have to put through college or other financial obligations that as much as they would like to do it, they can't make that call.
Thank you. Mr. Z, did you have anything you wanted to add?
No, thank you, Senator.
Okay, thank you. Although I have asked a few questions, I have a lot more. And I can't even, we don't even have enough time for me to ask all of them. So some of them, again, we will be submitting for the record. A few questions I'd like to ask. One, we have heard nationwide various security issues that have occurred, unfortunately, with judges. is there any security stipend that judges are provided to assist them to make sure that they have adequate security for themselves and for their
homes anyone can answer thank you if I may we do not have security stipends that are offered in fact I we do have a judicial protection unit meaning that we have law enforcement that we can contact but that's mostly to report threats security threats I recently spoke with my court leadership and what I was basically told was we have so many coming in per week that we can hardly keep up recently as recent as yesterday I reported a security threat for a panel that I am speaking on that I'm going on my own accord and when I requested and asked can I will have security there the answer is well no you don't have you're not really entitled to it but if you see something walk away from the event and so I highlight that because these my story is not a unique story it's actually a very common story that we are faced with real threats on a daily basis and we don't have we have to expend our own resources to put cameras up around our homes we have to expend our own resources to ensure that we are able to to keep our families safe give our children safe words in case we in the community and something happens But we are very much responsible for ensuring our own security not sure if you want to add to that or not the same listening for Los Angeles County I think for the entire state we as state judges at the trial level I shall say do not receive any additional funds for security and we can only report it after the threat and then someone will act but nothing to try and ensure that there are no threats at home or anything of that we don't receive any additional funding to secure
our homes or anything okay I spent a lot of time reading the report judicial counsel of California administrative office of the courts it was a report to the Judicial Council provided to the legislature. The date was November 20th, 2009, and the subject of the report was Report to the Legislature Historical Analysis of Disparities in Judicial Benefits. This was November 20th, 2009. At
that time, based upon some of the things that Mr. Soderbergh mentioned, this
report came out to discuss these disparities and in the report it had that these recommendations would be provided for the legislature to act upon has there been any action on this report specifically it says for example about 90% of the Superior Court judges serve in courts where some form of benefits are provided which demonstrates the widespread acceptance of the need for appropriateness of providing judges with better benefit packages than what is currently provided by the state. And yet there's nothing, I couldn't find anything after that that said the legislature specifically took action to make changes your current way of being paid, superior court judges by the state, the basic benefits that you have, but has the legislature taken specific action to change these methodologies, formulas, have we had any hearings about that to your
knowledge? Yes, Mr. Zin. Ms. Zlatko Theodorovich from the council. There was
litigation that occurred at about that time and then ultimately there was
a bill, I can get you that information, that confirmed the judicial benefits that were being provided to judicial officers so there was action for the specific benefits that existed at that time that were subject to the limit to the
litigation we can get you that information yes just add a bit more context at the time there was a challenge to whether or not it was legal for counties to provide those supplemental benefits and what the legislature did is step in at that time and pass statute to make it clear that it would be legal for counties to continue to do that but to my knowledge there continues to be differentials between counties because not all counties
provide the same type of benefits right my question in place but no change or any effort to have a more common approach my question isn't related to the case my question is related to the fact that as has been now testified the judge salaries are not in line with counterparts, whether they be public attorneys and so on. And my question is has there been any action from the legislature to look at retirement look at dental look at long term look at whatever it is to make sense the what occurred in 2007 of the pay reset. Have there been any other activities to make changes to the basic salary that judges have? I'm not talking about the supplemental to the salary or to any other benefits that relate to judges against like with your rich there's been a few efforts on retirement that's
about it I don't know if any other representatives and has a jet retirement
and been related to those who are retired and not active judges I think
there's been some that were prospective and and maybe have resulted in some pay for changes but not a lot but there's been a couple of efforts and some bills that have been passed but if you have that to add that it's my understanding that there has been nothing moving
forward and and and I also wanted to add that this is really the crux of why we are here because uniformity of salaries is something that the legislature has always stressed at looking at And in fact, in that same report, it was by design by the legislature because two things that the legislature pointed to was, one, ensuring the stability and independence of the judicial branch, and two, the quality of justice to be administered at a uniformly high level throughout the state, which is why the uniformity of salaries is so important for us today. I was impressed by the committees that were formed to kind of look at this whole issue of judge salaries. And it's something I plan on discussing with Senator Reyes and others. I believe this is a very serious problem, as has been testified. I'd like to request that the members of the judges association submit for the record all the things that you referenced of the disparities in pay so it is on the record for us to reference. I wanted to speak to now get into I know CalHR is the one that actually implements the judges salaries but they say they have nothing to do with the formula. You guys got so many freaking methodologies and formulas, but I used a good word. When I get home my mom usually says, you didn't use that bad word today, did you? And I say, yeah I did. But I'm restraining myself today because I'm in a courtroom. But it's my understanding that with the shift that was made from the judges being more predominantly paid by county and county and state in some cases now state with some county contributions that you're represented the judges are represented by an entity I won't name the entity but even with that entity you don't have a specific local or representative who's negotiating to make sure that the judges
specific needs are adhered to is that a correct understanding blue correct
understanding we have no one to represent judges no one to speak up for
us when it deals with salaries when it deals with hair health care benefits we are tied it's my understanding to 21 other unions that have representatives that speak up for for them, unions that fight for them, and our pay increase under Government Code 68203
is paid, is tied to those unions, but we have no representation. So we get, if they're able to fight or get a pay increase, then that's what we get. We get the average of those 21 unions, but there is no representation that judges get.
I want to point out for the past two years under government code 68203 again judges have gotten a zero pay increase in 2025 2026 and as I stated we anticipate again in 2027 but unions who have the ability to negotiate while not on paper they haven't gotten a pay increase they've gotten in maybe more vacation maybe they didn't have to contribute to their health care maybe they didn't have to contribute for a year or two to the 401k which ultimately means as we know my more money in their pockets but no we have no
representation no one represents us our salaries under 68 203 this pay formula has been tied to the average of what 21 other state unions receive so I want to drill down a little bit on that for the public to make sure every M for the record so when you say and it's my understanding that the judge's salary is tied to the average of pay increases so it's not saying so let's say for example
the scientists get 20% increase because it was seen that they were lower than they should be for scale and then let's say another position whatever it is that gets 5% you're getting the average of those two you're not necessarily getting for the specialty of your field that's not being represented it's the average of all of them which could be any number of 20 positions which I would like to request for the record what those 21 other positions are that this average is going across but isn't that the case that when we say average we're not talking about let's say for example scientists or senior lawyers or whatever for the state we're talking about an average of all positions within that particular bargaining unit isn't that correct you are correct senator yeah
okay and then yes please the other thing I wanted to add to is that Cal HR right now is only considering general salary increases so this is when a salary
increase applies to everybody in a specific bargaining unit they're not counting salary increases that are more targeted than that so for example sometimes just folks at the top end of the pay step will get a salary increase and that's considered a special salary increase and so that wouldn't be figured into the average so that was my next question I think they're called SSA's
correct yes you can tell I've been up reading the last week here it's my understanding that in addition and mr. Sada board maybe you can help us with that that in addition to salaries there other things that could be considered that aren being considered And it my understanding they not being considered at the discretion of Cal HR I guess is deciding that literally the term adjustments for judge salaries is
salary only not considering all these other components maybe that the same
bargaining unit is getting but is not considering that that could also be equated to judges salaries is that correct and could you expound a little
bit yes that's correct so yeah as I was saying before their Cal HR is interpreting the statute to only require them to look at general salary increases again applying to everybody but at this time they're not looking at special salary increases so these would be salary increases they just don't apply across the bargaining unit or other forms of compensation that might not be a salary increase but could be say like a pay differential for working in a hard the staff area that only applies to people that are working in that area those things are not being considered and that's actually the subject of the 2024 litigation that I referenced earlier that is what is the some judges have sued on this basis and that's in front of the courts as we speak so I'm
going to respectfully request mr. C do you work in this area at all work in every area yeah I think so okay so what I'd like to do is ask the on the record ask the judge association to please provide us and also mr. Z from the budget services side and honorable Justice Hill as well and mr. frankly all of you let me just say that I'd like to respectfully request that all of you any specific legislative ideas that you have that we could consider for legislation to provide direction, better direction of what's deemed and inclusive in salaries. How should pay raises be tied, whether CPI, whether areas in your public attorneys in the state, whatever suggestions you have that could help us to craft what would get at the problem to not only one, fix the deficiency that we have currently in the judge salaries, but also I need for you to put on your thinking cap of how for us to avoid this going forward. You shouldn't have to come every year, every two years, every five years, every 20 years unfortunately to seek adequate pay when we might be able to tie it to something to help eliminate that so if all of you would please kindly put on your thinking hats and within the next two weeks ideally because we go back on December 7th and we'd like to look at things that we can do and there's a whole lot as mr. Soderberg has said from the first panel and this panel that we can potentially do to change how how things are implemented can I get an agreement from all of you okay thank you got a little homework all right senator Reyes thank you so much I appreciate all the questions that madam chair has asked because those are the most important ones I think that in our discussions in our prior discussions because we have talked to many of our judges who have told us of this problem and that is why Madam Chair has put together this hearing and included this topic in it. It is something that I think needs to be tackled. I was under the impression that there had been a bill before regarding judges salaries but it was vetoed because of the the budget aspect of it. maybe I was given wrong information efforts on retirement the judges were speaking about salaries I was speaking about retirement efforts there was a bill by Senator Moorlach at one point that was vetoed in the past but I think there's been some progress on the margin on retirement only okay so the big issue on salaries I with the information you all would provide I think it would provide the impetus for the proper language as we introduce legislation. As the chair introduces legislation, I hope to join her on that. And there are other colleagues who have, because the discussion about judgeships was something we had had, we discussed this at great length with our colleagues as it was going through, many of them started talking to their courthouses and to their presiding judges and found that a big issue was pay, was a salary for our judges. When something like that comes, reaches us, then we try to do what we can to try to address the issue. Judicial counsel has been very helpful in many of the issues that we deal with, but I think that here having Madam Chair ask for each of you to provide information, I think having all of that is going to be key to putting together legislation that we hope would make it to our new governor's desk and to have it signed. And I think making sure that there isn't a need to have to continue to come in to ask for these increases. I know that for many of my attorney colleagues, being a judge is the greatest honor for them. It's something that they want to be able to achieve, usually after 10 years. Not everybody gets it early. But to do good work and then to finally, this is like the reward for doing good work, and the bench gets to witness that, and then they invite you to be part of their team. But this information is very important. I did have a question when you say that judges have no representation to bargain for their salary my question is why not in a union I mean well why aren't you
part of a union because judges judges are not considered employees and employees are part of unions so we are elected officials quite like you and you in the legislature so we are not employees as employees we are not able to unionize we are elected officials and we have to rely on the legislature as our partners as well as elected officials to help set our salary so that's why we have no representation we can unionize we not considered employees we considered elected officials and can I just point out like us with our retirement and when you're talking about retirement I just want to point out another reason that
judges are leaving their judgeships and just the irony so retired judges their pay increases and rightfully so is governed by government code 75523 I believe it is and so their increases when you're retired judge that their
increases is based on the cost of inflation so look at the irony our retired judges last year at a $10,000 pay increase as a retired judge you see while people are just leaving and we as sitting judges got zero.
There's something absolutely wrong with that and I think be sure that when you provide the information that you include that information about how the retired judges because perhaps then it's it would be tying your judges salary to the same government code as retired judges. We just have to think as Madam Chair has said, we have to think outside the box. This has been going on for a long time. The last adjustment was in 2007 and it's like yay, thank you so much and you know when's the next one? Well 20 years later, right? But hopefully something can be done. We know it's a long process. I really thought that there had been legislation on this before but if there hasn't it's clear from from our colleagues and with the leadership of Senator Richardson that we should be able to at least begin that process and begin it early in December is when we start to put together a legislative package thank you thank you we've already talked about retirement thank you so much thank you all thank you I'm gonna ask if you don't mind if you hang tight a little bit just because some things might be related we only have two more panels so we'll we're still working to get everybody out on time thank you with that now we're going to turn to panel number three which is court construction for that panelists please come to the table we will again start with mr. Soderborg is it Soderborg
or Berg Soder Soder Borg Borg Soder so like like cyborg cyborg okay mr. Soder
Borg from the legislative analyst office followed by Justice Hill who's going to stay with us here Erica's spur back judge Tapia Tamar Ahmed and we have mr. Z who's staying here as well I see you okay mr. Soderborg all right so if you
turn to page five of your handout you'll see a figure depicting the 13
construction projects that were funded in the 2627 budget the 2627 budget
provided 1.8 billion dollars for court construction this includes 1.7 billion
in lease revenue funds and 62.1 million from the general fund to support various stages of these 13 construction projects the budget also includes language specifying the legislature may authorize up to 1.3 billion dollars
There's an additional funding in 2027-28 for further judicial branch capital outlay projects.
However, this language is really intent language, and the legislature is always free to approve more or less than that amount. Thank you. Judge Tapia, honorable judge.
Good afternoon. Chair Richardson, Senator Luis Comer-Reyes, good afternoon, and Ms. Brackville, good afternoon. I am Sergio Tapia I am the presiding judge of the Superior Court of Los Angeles County I do want to welcome you back to your courthouse Senator Richardson in the heart of your district I want to thank you and Senator Luis Reyes Gomez for coming here to see firsthand the facilities challenges facing Los Angeles County as well as the rest of the state thank you also for the nearly $1.9 billion for courthouse construction in last year's budget. Part of that funding will help our court prepare for the closure of the federally owned Spring Street Courthouse in the year 2028. That commitment, in my opinion, shows the state recognizes courthouses as essential public infrastructure. You know, a courthouse is where the Constitution's abstract promises become real for ordinary people. The condition of those buildings says a great deal about how seriously we take those promises. Today, California is falling short. This morning, we saw what that looks like. Twice in a single month, failing pipes flooded this building. It closed for 11 days, disrupting roughly 10,000 cases and affecting more than 20,000 litigants. The consequences, however, linger. Families with young children have nowhere to eat. Self-represented litigants crowd into a makeshift self-help center carved out of a shuttered cafeteria. People wait 20 minutes or longer for an elevator on the way to what may be the most consequential moment of their lives. Compton is not an outlier. Despite everything you saw today, its renovation ranks 71st out of 80 projects on the Judicial Council's statewide list. If the courthouse ranked 71st looks like this, consider the 70 ahead of it. Nowhere is the problem more acute than in LA County. 19 of our 36 courthouses are more than 50 years old. At least once a month, someone is trapped in one of our elevators. Pipes fail, escalators break, floods and asbestos put court records out of reach. These are not isolated maintenance failures. They are the predictable result of a generation of buildings reaching the end of their useful lives at once. How we rank these projects matters. The Judicial Council scores each building's need, looking at condition, seismic and fire risk, security, overcrowding, and access to services. It uses cost only to set the order within each tier.
But those scores rest on assessments from 2019, before the floods in this building, and the number of people a courthouse serves counts for little. We welcome this committee's examination of that process. We also welcome the legislature's direction that the Judicial Council report on ways to build faster and more efficiently. Our court is doing its part. This year LA County began a long facility strategic plan which we expect to release early next year It will draw on several sources For instance population and caseload data how litigants actually use our buildings today, and what remote appearances and digital access now make possible. The courthouses of tomorrow need not look like the courthouses of today. If we are going to invest billions, we must invest wisely. That means litigant-centered courthouses, accessible, safe, and designed so that everyone who walks through the doors can fully participate. We will submit the plan to the Judicial Council to reassess our countywide priorities, working with the Department of Finance, the legislature, and our local partners. That plan will make one need unmistakable. We must replace the Stanley Moss Courthouse. The Moss Courthouse serves about 1.1 million visitors a year. Let me repeat that. One courthouse in this state serves 1.1 million visitors a year. However, it is the fourth most seismically vulnerable courthouse in California. Replacing it is a public safety imperative. It is also our best opportunity to build the courthouse I have described on a scale that reaches the most people. MOSC is near the top of the list for site acquisition funding, and we ask for your support in moving it forward. I would like to conclude my remarks with this. The courthouse is the most visible public space in our democracy. People come there to resolve disputes, protect their families, defend their rights, and seek justice. Today, you saw what happens when we fail to keep faith with them. When we build well, we tell every person who walks through our doors that their rights are worth the investment we here in LA are doing the work to plan for something better and we look forward to building it with you I want to thank you for this opportunity to provide this testimony and I am here to answer any questions you may have thank you next
we'll have miss Erica Spurback um thank you madam chair I'm actually going to defer to Justice Hill to go before my testimony. Sure. Thank you again and thank
you Judge Tapia. We're partners on this effort and it's it's an important effort. Judge Tapia is a member of the Court Facilities Advisory Committee and we want to thank you. It needs to be said and needs to be said often that you are supplying the opportunity for all of us to rectify what's been wrong with the system for a very long time and the funds that you are providing making a dramatic difference across the state and certainly here in Los Angeles. The citizens of this state deserve safe and secure courthouses and your efforts have gone such a long way toward making that a reality and will do so in the future. I previously touched on the needs statewide which impact really every region of our state. These needs strike at the core of our mission in terms of access to justice, security, ADA accessibility, seismic safety, overcrowding, and things like access to food which we talked about this morning. Some perhaps things that aren't glamorous, aren't talked a lot about, but are critical for many courthouses around the state. I've noted many times the serious seismic concerns that we all have most notably in Los Angeles and San Francisco where we have courthouses that are in dire need of replacement Here in Los Angeles I been working with court leadership on plans for the replacement of the Moss Courthouse a billion undertaking And as you know, this project is the very next project in line for funding in not a moment too soon. Along with the LA court leadership, we are actively looking for a site that we can embark on immediately once funding is authorized by the legislature. One of the fastest growing areas of Los Angeles in terms of caseloads is Santa Clarita and that $600 million dollar project is authorized, funded, and in land acquisition as we speak. If we were to travel all over the state, those courthouses and those areas that are getting new courthouses, we would see conditions that have deteriorated dramatically over time and Judge Tapia is right we see conditions here that are awful I've toured so many courthouses around the state San Francisco and courthouses up and down the state where they all are in or many of them that are in line for replacement or in a state of disrepair our court facilities advisory committee stands ready to ensure that that we are deserving of your trust to prudently spend the funds that you have authorized. And as indicated, Judge Toppe and I, as members of the Court Facilities Advisory Committee, will make sure that we're deserving of your trust and will expend those funds to only those courts most in need across our state. Thank you very, very much.
Thank you.
Thank you very much.
Ms. Spearbeck?
Thank you, Madam Chair and Senator. So Erica Sperbeck with the Judicial Council. And I just want to echo Judge Tapia and Justice Hill's appreciation for your leadership and advocacy for the judicial branch. We also really appreciate the money that was put into the budget for our capital construction program. What was not included in the budget were support resources, so really appreciate the opportunity to provide a roadmap to you as required in the budget by January 10th on opportunities to accelerate and streamline our courthouse construction, including recommendations, potential statutory changes, and resource needs. So I want to just provide some high-level comments just to provide context for our capital program. So in addition to the robust governance that Justice Hill spoke to, we also have a great dedicated facilities team led by Director Tamara Ahmed, who I'm joined by today, and including about 140 other staff primarily deliver capital construction projects and we strive for accessible safe functional courthouses on time and within budget we also operate and maintain about 430 facilities statewide those are buildings and parking structures and courthouses etc of that number about 288 or actual courthouses that serve the public we're committed to public service accountability and transparency in the service of equal justice to California or to all 40 million Californians throughout the state a good example of us being accountable is notwithstanding having not received resources in the current year to begin delivering on the capital program we've identified resources that we could redirect internally immediately to begin delivering we've already filled some program manager positions and some consultant positions to begin delivering on the commitment that the made and We also committed to being good partners with counties communities and others which in some cases does add time To our projects. I will say notwithstanding our efforts to simplify and standardize courthouses building them is incredibly complex As they're generally three buildings in one their courtrooms as we sit in here today they're also public areas and they also include detention areas all with specialized requirements on average it takes 8 to 15 years to build a courthouse our capital construction program is driven by our judicial branch five-year infrastructure plan which we do update annually however the underlying basis for that is our prioritized list of projects is the comprehensive assessment conducted back in 2019 judge Tapio mentioned that it was pursuant to budget trailer bill language we followed the requirements in the statute we believe it's appropriate to conduct such an assessment of our portfolio about every 10 years it is a huge undertaking for the council for the courts for our partners so so we believe that that every 10 years is meets the right mark to give courts and others expectations on new facilities and planning for new projects etc as it relates to the money that was included in the budget again appreciation for that we've already begun hiring positions to begin delivery delivering we've initiated planning efforts for the new Tracy courthouse in San Joaquin the new East County courthouse in Kern and the clear Clear Lake courthouse renovation in Lake County the Tahoe courthouse renovation one of the projects that was approved is on hold because of a county driven potential scope change and finally we're actively working to deliver the roadmap to the legislature on January 10th thank you thank you
mr. Ahmed thank you senator for the hearing I'm here to answer any questions
that you may have just kidding I'm going to turn to Senator Reyes to kick us off with these two panels thank you so much I want to begin by thanking judge top ya I when we were talking about all the judges we needed not about the topic for today I call and I said help San Bernardino is where I need help and and And I really appreciated the conversation that we had. I tried to think outside the box. I said, can you lend us some of your judges? But he's very protective of his judges, too. And I appreciate that. I think that one of the words, I think, that is most important for me is accountability. Transparency also, but accountability. When we're talking about investing on capital improvement and new courthouses, maintenance, deferred maintenance, when we're talking about these topics and the money is put in, it's like it goes into a hole. and we have to be sure that when we get our reports, when we get the feedback, it tells us we've invested properly, that the need was there, and that the money is being spent to take care of the needs that have been identified. Some of my colleagues, more of a comment rather than a question, Some of my colleagues had mentioned to me when I told them we were having the informational hearing, they said, We have to be careful that it isn't just, I won't say it the way they said it, but let's make sure that we take care of everybody, not just because we're loud that we get it. But we know the squeaky wheel is the one that gets oiled. So I think they're finding that balance because the greater your need, the more you're going to be asking. If you don't have a great need, you wouldn't be asking for a new courthouse. You have two judges, you have a courthouse, you're done. But for those areas that are growing, and I'm not just saying the Inland Empire because there are other areas that are also growing, but to make sure that it is based upon the data just as it is for judges that those needs as you've done in your report in talking about is one of you mentioned the seismic issues and and all of the other issues that you've listed on there that are important that that it is data-driven and that if if we're going to deviate from that that there be a special convening to determine if the deviation is appropriate because the funding that is provided is based upon the information that we receive and so that accountability and transparency too but the accountability is extremely important and I appreciate that you specifically mentioned that if I may Senator Reis and I would go back to and and chair Richardson I think maybe this will resonate more fully with you but since the April Senate hearing that that we had let me just name a few accomplishments in our construction area I think that will help just provide again context we dedicated the new 53 room Sacramento courthouse on April 17th we dedicated the new 15 courtroom Sonoma courthouse in Santa Rosa on May 29th we dedicated the expanded San Bernardino juvenile dependency courthouse on July 8th we broke ground on the 6th District Court of Appeal courthouse in Sunnyvale on August 5th and we obtained the certificate of occupancy on the new Lakeport courthouse and actually I believe it's open for business which the Lakeport courthouse was our first design build project on September 9th so just a lot of accomplishments and it very exciting for me as a legislator and to hear the accomplishments and to see how the money is spent is extremely important and just having you talk about different areas not just one area in the state of California also is extremely important so thank you so much and those are my comments okay thank you senator a few questions so I think this is to miss Spearbeck and Mr. Ahmed. On average, based upon your current staffing levels, your current bandwidth, how many courthouses can you see that you can build? And before I think you get into that question, can you walk us through how long it's taking from acquisition to plans to this to that? because I think that's also one of our challenges. And by the way, this is not what the young people call a shade to your department. All construction are facing these challenges of major if you looking at a major development how long does it take you to actually acquire your site and you know go through the different steps Could you walk us through approximately how long that taking? Ideally if we were to identify and you have I think 10 or 17 here locations, how long does it take from start to finish to actually get that done and how many people is it taking to do that then I'll ask Tamar to weigh in as well just in terms of the staffing the resources so the 1.9 billion included in the budget was for four new projects and then continuing the fate next phase for nine previously approved projects so the the analysis part of the roadmap that we're developing will identify the resources necessary to support those efforts and then I'll also just highlight and it's been mentioned but the current year budget also referenced a potential of another 1.3 billion next year for five additional projects that's something that we're looking at our overall capacity to be able to come back and and request resources to do again we've identified or redirected current year positions or resources to be able to start on those projects in the current year and in
terms of the phasing and the timelines I'll ask Cameron. Yeah thank you for the
question Senator. It takes about between seven eight years minimum in order to build a courthouse up to 50 and that is based on historical data regarding the projects that we've done but also it takes into consideration the projects that are coming up. Some of our projects are small where it's like a major renovation of a one courtroom courthouse that is about a seven eight years because of the three different phases that are involved. A large courthouse like Judge Tapia talked about the mosque replacement could possibly take about 15 years. The reason is the most difficult phase of any project, in my opinion, is the acquisition phase, getting the land to build a courthouse for several reasons. A courthouse needs to be close to the justice partners, So that kind of limits the locations where we need to put the courthouses in. Finding a willing seller, the environmental clearance associated with that. Sometimes, and we've really worked with the Department of Finance, and they've been really a good partner with us. If we find a site but the site is not available now, we lock in the site by having something called a purchase option, where we lock the site and it's up to us to buy and the seller would need to sell until possibly that location, for example, if it's county owned, that they get all their functions or maybe somebody that occupies a county building, their lease ends in their site. So it takes about four to four and a half years to to get acquisitions done for various reasons including CEQA and finding a site and and clearing CEQA associated with that. Then it depends on like I said like the project so one or two years is spent in what we call performance criteria and that is the criteria that the state puts out to say we want this courthouse to be that big we want the requirements to be one two three four with regarding to the different building systems and what have you that takes about a one or two years depending on the size of the building of course the smaller the courthouse that the less time as far as construction it goes between four years to about you know eight years or so the smaller courthouses and I talking about design build because our current delivery method is a design build where we get one entity to design and goes through the permitting process of different packages, the ground, the steel framing, the rest of the building, and those gets approved through the authorities having jurisdiction, the State Farm Marshal Division of State Architect, and once those are approved, then we start in the construction. Something like the Moss Courthouse is probably going to take about six years to construct, and I'm talking about shoveling the ground until it gets completed, because it's going to be about a million square feet.
So what can we do to cut that time down? Is it manpower? Is it legislation? What can we do? Because I'll speak very frankly and open with you. I have discussed with the budget committee that of us exploring doing a lease revenue bond. And if we do a lease revenue bond, unfortunately, those, not unfortunately, those funds have to be dedicated towards new construction. It can't be done towards maintenance. So if we were able to get a substantial amount of more money, which is what I'm hoping, part of why we're doing this is to, and you all can relate to that, we have to make the case. We have to first say that there's a problem that more courthouses, more judges are needed. In order to have more judges, you have to have more courthouses and more courtrooms. So once we make that case, which is what we were working on in the first two panels, then we go to this part. So if we were to potentially do a lease revenue bond and secure the support of an incoming governor and so on, and if there were to be more resources, we need to know that it can be sooner than 15 years. My question is, how can we get to seven years. How, how do we do that? Is it more people? Is it CEQA exemptions? Is it all of the above? What would it take for us to get there? And when we initially put the request in to do more money, I was told that the Judicial Council was a little shy about, I put money in specifically for program, the pre-program stuff, the pre-acquisition, the pre-management, the pre-design, all of those things that take money. And I was told, oh no, we don't really want to separate it out. And I'm thinking, well, don't you need more money to kind of get this done on the front end? And it was kind of cuckoo done. So help me understand what do you need from us to accelerate this?
And maybe you don't know all of that answer right now. Yeah what I was going to share and then I'll turn to Justice Hill. Just Madam Chair, that's exactly what we're working on in the roadmap to accelerate and streamline courthouse construction. The budget included very specific language of things to look at. you know our internal processes and there's oversight there's the construction industry writ large so resources are definitely going to be a component of that but that report is required to be done in consultation with the Department of Finance so just we are actively working on that it's due to due to you January 10th just at a high level but then Justice Hill did you want to I was just going to Anna I think in part we can do it faster and and that is to
great credit to judge Tapia and David Slayton from LA that we've been working on this for a while and in terms of acquisition and finding sites that might be available so as soon as we get the money authorized we have done a couple years worth of work at the front end to get ready for that we can't obviously enter into any agreements for land prior to that but a lot of the legwork has been done so hopefully it won't be one of those situations where well now let's start looking for options we've been talking about and looking at options for several years now and I think that will shorten up the process considerably at the front end so that we can get to the construction phase much faster so
yes which is I think this partnership that we're talking about we've had a good partnership with the Judicial Council with respect to construct potential construction in LA but there are some issues we've already flagged and you mentioned one of them let's just assume our goal is to stay in the Civic Center and this is not unique you can apply this to other counties we have other government entities we're gonna have to deal with but also other agencies, and we will need the help of the legislature. For instance, you mentioned CEQA. This is one project where I guarantee we will be coming to you to ask you for a CEQA exemption, because that in and of itself will cut this down a couple of years if we were able to get that. So it's critical that we're having this conversation now, that we continue the conversation, and that the legislature be flexible but also ready to act at a moment's notice because sometimes, and we've experienced this with our Santa Clarita project, we were looking at a piece of property, but because the process takes so long, that opportunity disappeared. So we are going to need your help in this effort, not just here in LA County but across the state because of the issues that we have seen and that Justice Hill and our committee have identified already. So, I welcome the opportunity to continue that particular discussion because it will affect every single county. So, to protect your email inbox and ours, for the record, we'll say when we say CEQA exemptions, we're not saying that the public would not be involved in the process and have an opportunity to share their concerns and us to make changes. It's just making sure that we operate at a speed streamline where possible but not disavowing the public involvement just want to say that for the right to save your email in mind to
concur with that yes yes explanation yes so let me come back to this January 10th
report so what I'd like for you to do is put on your thinking cap and say if the legislature even in our tough times we're able to think of other financial ways to solve these tremendous problems that we have which is inadequate court space if you were to have double the money triple the money quadruple the money what would you need to do to do that and that's what we need the answer in addition to what you're already preparing so does that mean you need X amount in support services? Does it mean you need to contract program management, for example? What really think, again, I can't say it enough, out of the box, don't be restrictive only to what you have in your toolbox, but to think if we had X, because the last thing we want to do is authorize, bust our tails and get it done and get these funds, and then we just see time and time, which time is money. So we really need for you to think about, if you were to have X, how can you make this happen? And I know one of the challenges is acquisition. And so what we don't want to have happen though is, and what I've seen in a couple of the examples where I looked at, and it might be more on the facility side than the new courthouse or courtroom side, but if we have a challenge area, let's say we thought a property was going to be available not as now it's not available you know we need to broaden how the areas you're looking you know maybe you need a bigger team of people to be able to evaluate you know I don't know but show us how you can do it given additional resources so that we know we can have the confidence to fight for and say okay we can consider a lease revenue bond of X
that yes the Judicial Council in addition to its partners and of course your partners need to follow all the labor rules that we all believe in you know if you if you're partnering with some degree because I realize you may not be able to hire enough people within a short period of time to do everything so you may have to engage some other companies to partner with you to meet these incredible demands that would be ahead of you but we really need in this January 10th report to tell us how could you get there if you if you were to receive the substantial amount of funds to address these numerous projects that we have before us we hear you madam chair I will also just say and I made
this remark but I'm going to double down on it the notion that we're committed to being good partners with counties with communities and others it's one of the revelations that I have had and I joined the judicial branch in in February of this year but is this notion of historically that the idea of a courthouse being the center of a community and welcome and historical and beloved and and who wouldn't want a courthouse in their community that's not always reality I will just tell you in my short tenure and so the notion of You know, there are things that are within our control. There are some things that are outside of our control. We really do strive to be good partners. And if I may just say something, I mean, we are using outside help in order to help us with project management and deliver those projects. I want to tell you that today my manager of real estate is in Kern County. Kern County, one of the authorized projects that got authorized this year, looking at sites with the course leadership. and they're having a public meeting, not in the CEQA perspective, but to kind of let the public know that there is a courthouse coming and we're looking for properties and send us your properties. So we are moving fast regarding acquiring properties on the projects that got authorized this year. Today we are in Kern County looking at properties for the new courthouse there.
Okay and then the last thing I want to talk about is another one of your lovely methodologies and how you select where we going Again I more than happy to fight the fight to get more resources and Justice Hill mentioned you know where the commitment to consider greatest need my only ask is is that if we jump through these tremendous hoops to make greater progress than our current pace which is not satisfactory we just need to know that there's going to be flexibility in considering these wonderful methodologies that you've had in place that yet may make sense to you know do a nice little courthouse wherever I don't want to say a particular county's name because I don't want my email blown up but there's got to be at some point where maybe you consider X amount of money helps to follow your methodology and then you have another pot of money that is really reaching for where the need is and we're addressing that and we're not waiting five years ten years before they're even put in the queue to start considering locations and so on that we all know where the data is we all know what's happening that that we're willing to be open enough to
consider broadening methodology ideas. We've been at this for about 18 years in terms of methodologies and and things have changed and over time we learn and we learn through hearings like this, we learn through public input, we learn from meeting after meeting and so I agree completely. Flexibility is a key and you can't develop a methodology in 2008 and say that's it for all time. it was changed in 2019 and it changes again to make it more reflective of the needs of the state will definitely do it thank you and judge topia does not know
I'm going to ask this question I don't want anyone here to hold it against him but I think it leads to what my last comment was and that is judge topia why did the LA Superior Court County system feel the need to do an additional study I won't say aside from but to build upon what currently is evaluated why did the LA County Superior Court see a need to do a little more diligence or look at things differently to make sure that we're every that the full needs are being considered well I think the answer is pretty simple it's urgency as we
mentioned during the tour we have 36 courthouses in this county more than half of them are more than 50 years old they're falling apart based on the current methodology by the time we replaced the newest courthouse in this county which is the Long Beach courthouse which was inaugurated right around 2011 2012 that facility will not get replaced for another 160 years under the current methodology so we felt that was critical to sit down and come up with a better plan to really focus on data to ensuring that our decisions in our plans are data informed to meet the needs of the public that we serve we hope that through this strategic plan that we are developing for our court were able to set an example for perhaps a new way to look at courthouse construction moving forward which is again data and form but meets the needs of the community that we serve but really comes down to urgency our buildings as you have seen here in Compton are falling apart but you see the same things in San Bernardino in Riverside in Tulare You name the county There are old facilities there too And we need to think differently about how we are going to tackle this problem to ensure that we meet the needs of the public that we both serve.
Any comments to that?
We are good partners and it's a new day. Thanks in great measure to you and all of the members of the committee. We thank you and look forward to working with you. Thank you, sir.
Okay, no other questions? One question on the assessment, it's every 10 years. It was done in 2019. It's not currently been funded to be repeated.
our advocacy is we believe that it's appropriate to update a comprehensive assessment every 10 years.
Thank you. And on the acquisition, clearly it's a problem because you can't start the acquisition until you have the money to do it. But are there, in something that you all said that you've had been having these discussions, Justice Hill and Judge Tapia, you've already been having these discussions. Is there, I'm just thinking outside of the box. I love being with Senator Richardson because she doesn't just say, here's the way it's been done, how are we going to do this again? It's this is the way it's been done, tell me everything else that we can do. And I appreciate that so much because I I think that's how we get good legislation. So in trying to think through, I would use the example of San Bernardino, although it's not at the top of the list. But I'll use the example of San Bernardino that they're not next in line to get funding for a new courthouse. But we know they need a new courthouse, and it's already on the list. and the longer they wait, the less land that will be available. I know in Victorville there's a piece of land there. My colleague, Assemblymember Carrillo, talked about it, but they're not on the list yet, and so by the time their name gets up to the top, by that time that land is gone, and yet it's so close to the other courthouse. is there something that can be done that so that there is like first right of refusal or something I know you talked about county buildings that the lease is going to be ending and so you'll be next in line something along those lines that we would be able to use because we already know the date is coming we just just don't know when because we don't know when that money is going to be there
Generally speaking, yes, we're not authorized to acquire land before we have an approved project. And then there's rationale behind that. I will say the notion that, well, that's the way it's done or that's the way it's always done. I think you'll hear from us. That's not our thinking, right? We aim to think creatively and new ways and flexibility and things like that as well. One of the risks, though, is plans change, right? you have leadership changes within the courts or counties etc where you know
the risk is we end up with a piece of property that that was not in the best interest of the state so and I agree with you completely because I've I've seen circumstances where the court will come and say we have the perfect piece of land how do we how do we capture this or how do we indicate to the owner that we like to buy it and the problem of course is they're down the list we can't get the funding for it and most private landowners are not willing to just say well we know you'd really like it and we'll somehow put it in abeyance just for you and so we've We've had that problem in Santa Clarita, for instance, where we had a piece of land and the city said, see if you can do this. And the landowner said to us, it's going to take you too long. It's going to take a couple of years. I have a buyer right now that's going to write me a check. So we're competing with others on that. and you make a very good point and it's something we live with every day that we wish that government moved a little bit faster but as we all sometimes rue the the slowness of the process but we're also being good stewards of the taxpayers funds because we can't spend it until you tell us that we can all right thank you thank you I think though building on what Senator Reyes is saying and we both happen to be subcommittee chairs on the budget. And I think what we're trying to say though is we need for you to come to us and tell us and give us an option. We're not hearing those. I've been on the subcommittee two years that handles judiciary and no one has come to me and say and said hey we if we could really get a billion dollars we could help solve this problem that we see to even have me bring bring it forward to try. No one has done that in my two years as chair. So I think what we're trying to say is we realize the technical business, you know, things that we have to go through, but what we're saying to you is if you're seeing opportunities, if you're seeing, hey if I knew that I would have X amount to be able to put down for that, tell us and and let us at least try. But if we don't even know, we don't know what's out there of what's, you know, necessarily Victorville or Salak or Rita or LA or whatever. We don't know that. So I challenge you to come to us, not only with what you're coming to us in January 10th, but going forward. And frankly, that's part of the problem with term limits and us continually changing is you got to re-educate the new chair who comes in, you know, two years later. And that's a whole another subject that we need to internally discuss not just us two but the broader of members but we need for you to come to us and don't be shy and put it on the table if we don't bite that fault then is on us but at least let us know so that maybe we can figure it out because you'd be surprised what what gets done oh we appreciate the offer we promise not to wear out our welcome but we appreciate the offer and we'll take you up on it yeah just as an example perhaps it can't be it can't be your money that's used to purchase it but maybe the state will say that the circumstances are just so perfect give you an example golden Golden Gate Fields state invested a hundred and twenty five million dollars to purchase this property in San Francisco because it was a once-in-a-lifetime opportunity. And if we're able to do that, that for this land in San Francisco that is to be used as a park for everyone, then perhaps there is something else that would warrant that kind of attention also. Just as an example, where we know that if we follow the rules, absolutely we should not acquire a piece of land unless we're ready to start building. And if we buy that land and now we have to pay taxes on the land, I get it. but sometimes the opportunity is just once in a lifetime. And the only way we will know is if those who know the lay of the land tell us this one is a once in a lifetime, because that's exactly what happened with the Golden State Fields. And we put that in the budget. It happened to be in my subcommittee. And I had to be convinced of it. how are we taking money away from other areas to purchase this but once in a lifetime and I think when we see that and if we wait it just be double triple anyway just just something to think about thank you with that that concludes this panel I think some of you are hanging around for the next one which we appreciate but please don't sneak off we are going to work to get to public comment at 345 so we can have people out of here not out of here but giving people an opportunity to head out by 4 p.m. which was our promise so with that we're going to turn to panel four finally we'll have the facilities modification and maintenance section the panelists before us is still continuing mr. drew Sada board from the legislative analyst office followed by Justice Hill who's still here madam Erica's fur back and we also have joining us David Slayton who is new to the panel and we're still continuing with mr. hub on okay and mr. Z is in the wings he's in the wings there all right mr. Soderbergh
all right if you turn to page 7 of your handout you'll see a discussion of facility modification projects these projects involve physical changes to a facility or its building components that improve its design level of functionality but however these projects are generally smaller than the construction projects we were discussing previously funding is provided annually for these projects in the state budget that currently amounts to 80 million dollars including 65 million from the state court facilities construction fund and 15 million dollars from the general fund and these dollars are allocated at the discretion of judicial counsel. However the 2627 budget did include a one-time augmentation for the Orange Central Justice Center project. Specifically the budget provided 36 million from the general fund and 3.6 million from the state court facilities construction fund in 26 27 and a similar amount in 27 28 if you turn to page 8 of the handout you'll see a discussion of facility maintenance projects which are distinct from facility modification projects trial court facility operations and maintenance monies are used to support ongoing facility operations repairs and maintenance these include preventative and routine maintenance equipment replacement utilities and leases a total of a hundred and ninety eight million dollars including a hundred and four million dollars from the court facilities trust fund and ninety four million dollars from the general fund is provided annually to support facility operations and maintenance costs also occasionally facility and modification money is provided for maintenance reasons despite this ongoing funding that's available there are many unmet maintenance needs when a maintenance need is unmet it is considered a deferred maintenance project as of August 2026 the judicial branch identified 22,356 deferred maintenance projects with about just over 22,000 related to trial courts and about 187 related to appellate courts and the total value of these projects amounted to six point one billion dollars the 2627 budget provided a hundred and fifty one million dollars in additional one-time funding to address some of these needs including 1 million specifically for deferred maintenance and other extensive repairs at the Compton Courthouse happy to address any questions when that time
is appropriate thank you mr. Slayton thank you very much chair Richardson and and Senator Gomez Reyes, thank you so much for this hearing today.
I'm David Slayton. I'm the Executive Officer and Clerk of the Superior Court of Los Angeles County. I'm also serving this year as the Chair of the Judicial Council's Court Executives Advisory Committee. So I speak today not only for our court, but from the perspective of trial court executives across California. Chair Richardson, thank you for bringing this hearing to Compton and for championing court infrastructure funding, including the 88% increase in deferred maintenance funding in this year's Budget Act. As you heard on the last panel, there have been many courthouses opened in the last several years. Judge Tapia mentioned that the last one to open in L.A. was Long Beach in 2013. 26 other counties in California have opened a courthouse since L.A. opened our last courthouse, hence many of the issues I'm going to be talking about with regard to deferred maintenance in our court. deferred maintenance as mr. Soderbergh mentioned is the repair and replacement work a building needs but hasn't received pipes roofs heating and cooling electrical systems elevators and escalators every project we put off becomes a larger more expensive failure and the people who pay for it are the litigants jurors and families who come to our courthouses you some of you saw firsthand this morning on the tour of the Compton courthouse what that looks slide. Over five days this August, just a few months ago, four separate leaks and plumbing failures struck this building that we're sitting in today. One spread across three floors, damaging files and offices. Others displaced public defender staff and the evidence technician, forced asbestos containment in the district attorney's offices, and closed restrooms. This courthouse alone has more than 200 deferred maintenance projects totaling eighty eight point one million dollars a fifteen dollar replacement hose could have averted the previous twenty twenty four Compton flood that shut down the clerk's office and courtrooms for months downtown the Stanley Moss courthouse which you spoke about in the last panel which is the largest largest courthouse in the nation with 100 courtrooms hearing civil family law restraining order eviction and probate matters tells the same story Its escalators are so old they original to the building that the companies that make their parts no longer exist Some of the replacement parts must be made on a 3D printer On any given day two to three escalators at least are out of service in 2021 a failed irrigation pipe flooded that building and took a bank of elevators out for seven months I'll note those had opened just the previous week they had been replaced wasn't a great timing for the few for the flood an elderly woman who used a walker needed to reach her hearing on the eighth floor with no working elevator she rode the escalator up when her hearing ended the down escalator was broken and the fire department had to bring her down whatever the outcome of her case think about what that day told her about whether her justice system was built for her last November a drain failure and mosques chills chilled water system flooded an electrical room and caused a building while building wide outage and power surge that surge destroyed recently purchased courtroom audio equipment some of which you see in this one today that supports remote hearings for several days litigants who rely on remote appearances to remove barriers to participation and perhaps because they are fearful to come to courthouses could not join their hearings and the court had to replace all of that equipment these failures have a price and right now trial courts are paying it out of their operating budgets many times Los Angeles accounts for 1.4 billion of that 6.1 billion dollars that that mr. Soderbergh just mentioned in deferred maintenance backlog even with this year's increase in deferred maintenance funding which we're so grateful for a hundred and fifty million addresses a small fraction of that need so when a system fails we have no choice but to fix it ourselves last fiscal year our court here in LA spent twenty three point nine million of our operating budget money meant for staff and services for a litigants on repairs that are technically the state's responsibility we did that while funded two hundred and thirty three million dollars below our calculated funding need that twenty three point nine million is the equivalent of over 150 staff that we could not we could have hired to help litigants and our self help services case managers to help litigants move their cases through the system and staff to assist litigants in our restraining order centers every dollar diverted to repairs is a dollar not spent serving your constituents and this is not just a Los Angeles problem many of the state's courthouses are more than 50 years old as you've heard court executives from nearly every county could sit at this table today and tell a version of the same story I'm up here saying I'll give you some examples since I knew who was going to be here today in San Bernardino seismic base isolators have deteriorated in one of their courthouses and need to be repaired or replaced to safeguard the occupants of that courthouse and parking lots need to be need to be resurfaced to eliminate the safety hazards for pedestrians and vehicles in Riverside County they recently experienced a catastrophic failure of the fire alarm panel replacement of which had been requested and was estimated to cost sixty seven thousand four hundred ninety three dollars instead when it fell the building is now on a 24-7 fire watch at a cost of twenty five thousand dollars per month for a two-year period exchanging a $68,000 project for $600,000. Our request is simple. Make this year's investment the floor, not the ceiling. We urge this committee and the subcommittee and the budget committee to support sustained, ongoing deferred maintenance funding for plumbing, heating and cooling, elevators, and other essential building systems. The Judicial Council's pending budget change proposal of $163.2 million is a good start. Fixing problems before they fail is the fiscally responsible choice for the state for the courts and for the people we serve Thank you and I look forward to your questions at the appropriate time thank you thank you okay okay so thank you thank you
Erica Spurback yeah for the Judicial Council and so again thank you a madam chair for your leadership and advocacy in this area as well the hundred fifty one million included in the current year budget I'm not going to repeat some of the highlights that but my colleagues up here mentioned so I'll try to try to supplement my talking points but our approach to maintaining the 430 court facilities includes basically three components it's its maintenance and operations and that that's preventive maintenance to extend the life of equipment it's also demand maintenance when equipment breaks down and the number cited here the hundred eight hundred ninety eight million dollars a a year we estimate an existing funding gap in that area of just over 18 million and it's not that bucket is not just maintenance it includes rent and insurance and utilities as well the second bucket the facility modifications so facility modifications are governed again by judicial councils robust governance there's a trial court facility modifications advisory committee there's also a trial court facility modifications policy which sets out the categories of of need and and it ranges from immediate or potentially critical needs all the way down to hazardous materials managed but not yet abated and meant it was mentioned that the current funding is 80 million dollars annually that isn't sufficient to cover even though all of the priority one and priority two requests not to mention priorities three four five and six we estimate a current funding gap of about 45 million for just the priority one and two requests and we don't have an estimate for all six categories because as courts submit requests we don't necessarily estimate or cost them out particularly if they're not going to be funded and it's a it's a resource issue in order to do that and then the third bucket of course and these all inter relate to the extent we're underfunded in maintenance and operations it may fall to facility modifications and then clearly to the extent facility modifications is underfunded that falls to deferred maintenance and you've heard you've heard a lot about that today and there is no ongoing annual funding such that 150 million dollars or 151 million dollars is is much appreciated it is a drop in the bucket I think as David mentioned in fact madam chair you had asked us to do some estimates and we estimate that we would need 400 million dollars a year for 10 to 12 years in order to clear that deferred maintenance backlog it's also worth noting and mr. Slayton mentioned this but courts can and do use their operating funds for needed facility modifications beyond the state's ability to fund them in terms of the hundred and fifty one million that was included in the budget that has been allocated a hundred and forty three point five million to the trial courts and seven point five million to the appellate courts for 105 projects covering 28 counties with the county receiving the highest allocation being Los Angeles at 51.9 million 36 percent of the total funding that was provided and then the lowest allocation being to San Luis Obispo at $5,000 but I'll mention again they covered 28 counties which mean means 30 counties didn't didn't receive any of that funding. We have retained one lead consultant, a senior project manager, and four consultant project managers. to deliver on this commitment in the budget as well and with that happy to
answer questions thank you just as so probably thinking me again I I will be
very brief because it's been very eloquently stated what we're dealing with here we have 22,000 deferred maintenance projects as has been noted 22 million square feet that we try to keep in some state of repair 430 buildings, 2100 courtrooms, and we've been doing it for about 20 plus years. And these buildings over time are getting older and older and older, and it has been a tall order to get through what we have to get through. We've had a very dedicated trial court facilities management committee that has been referenced. It's been chaired and co-chaired by two very dedicated judges, Judge Heiberger from Los Angeles is one and Judge Byrd from Glenn is another and they have to make all of those tough decisions day in and day out really. They get emergency calls from courts across the state and it's you know whose roof do we repair, whose pipes do we repair, what proactive maintenance can we make so that we don't have the disastrous effects that Los Angeles has been hit with and other courts. And so this kind of a whack-a-mole approach that they have had to utilize for years has been ameliorated certainly somewhat by your efforts. And we thank you very, very much for that because I can't tell you how relieved they were when they got that news because they were constantly in a state of telling courts I'm sorry there's an emergency ahead of you and we don't know whether we can we can perform that repair and so it it obviously is not all that we need and and Erica has indicated what that would be but it made a big step in that direction and thank you on behalf of the committee and on behalf of the branch because there's nothing like a Monday morning flood to deal with or a Monday morning no air conditioning in Central Valley or the Indian Empire or any of the other incidents that happen all over the state all the time so I will rest my case and thank you for your efforts and
stand ready for any questions thank you mr. Ahmed any further comments yeah maybe
I'll add to what Ms. Perverk talked about. So the two funding categories in the facility modifications that we're able to fund, like Erica said, the emergencies, like the emergencies that happened here in Compton when we had the floods. We think we're able to fix that. The second category that we, that is, that we're not able to meet on a yearly basis is the needed, meaning that we expect a piece of equipment to fail because it's kind of dying and we have we have enough funds to kind of fund some of those projects but sometimes we have to wait until the end of the year and defer those projects until the next year when we get a new set of 80 million dollars and kind of fund those so we're always catching up on the on the needs categories of the equipment that we expect to fail because we don't have enough money. I just kind of wanted to kind of add to that.
What was the name of that funding source the second one The facility modifications is made out of six categories per our policy So we do emergencies When emergencies happen we fix those The second one is we categorize as a priority too It needed That means that it is a building system or a building equipment that has passed its life expectancy
we've repaired it but it fails and we repair it and fails and we're expecting it to kind of fail at any time and we're only to fund, we're able to fund part of those categories or some projects in those categories but not necessarily all of them.
Okay, thank you. Senator Reyes, you want to kick us off? Thank you. In the report it says that the deed is about, it's just over six billion dollars to take care of all of these but you have the various categories that you've talked about but priority number one the critical need what would it cost to take care of the critical deed or are you able to do that with this 151 bucket if
you will that we talked about facility modification and that current gap for priority one and priority two is 45 million so that we get 80 million dollars a year for facility modifications the gap only the only thing we've costed out at this point is the all the priority one all the priority two there are priority three which are actually needed i think these are outlined in your agenda so sorry to to rattle them off but and then priority four does not meet current codes or standards priority five is beyond rated life but serviceable priority six is hazardous materials managed but not yet a minute we don't have an estimate for those priority three through priority six the the 45 million dollar gap is just for priority one priority two and then as it relates to deferred maintenance we do have a list I mean the entire list that 22,000 projects total cost of just over six billion of which the Judicial Council share is 4.45 billion the the remaining 1.6 1.7 billion is actually county share it's not in a prioritized order so to speak when we do get deferred maintenance funding which is subject to the budget whether we request it or a generous legislator as a such as yourself puts it adds it to the budget when it gets appropriated we then our facilities team takes that list and goes through there's a methodology madam chair to to try to identify the the highest priority needs and and they're in buckets as well I mean for example the top of the list would be the building this the exterior skin you know the walls the roofs things like that at the bottom of the list literally is like interior finishes so so we go through a process to prioritize and allocate that funding which goes to our judicial counsel governance or goes through our judicial counsel governance the trial court facility modification Advisory Committee which is a mouthful and in short is called TICFAMAC it's one of my favorite new acronyms they and it's made up of judicial officers and court executives so at any given times we have the governance that we have right you have the Judicial Council itself led by the Chief Justice we have six committees we have 25 advisory committees and then we have myriad work groups and subcommittees et cetera But at any given time there up to 525 judicial officers and court executives that make those decisions about funding allocation so that how when you add a hundred fifty one million dollars to the budget we go through and do an analysis and tee up a recommendation to the decision makers to say approved if that's helpful I will tell you normally we don't talk about
our budget process. But I will tell you that Senator Richardson did not want just 150. Her number was a whole lot bigger and she fought and fought and fought. And even with that, I think it was 88% higher than what would have been received otherwise. It's a big win. I know she wasn't satisfied. And as she fights on for this she'll have lots of allies with the rest of us because part of it is educating the rest of us about how serious an issue is on judicial the fact that we had a shortage of judges in certain counties I was very well aware of that but the deferred maintenance I think many of us were educated by my chair Richardson about how great that need was so I just want to go back to to that question then that I just asked so priority one and priority two could be met with another 45 million okay that's I wanted to be sure that I was clear on that and the request is and I appreciated that was included that the request is for sustained ongoing funding for deferred maintenance to the tune of 400 million per year and you believe that that would be an amount that if if it were ongoing could provide for what's needed to take care of tier one tier two and then move on to the next years right for 10 to 12 years so 400 million dollars a year for 10 to 12 years to clear the deferred maintenance backlog
and for what it's worth madam chair we have no doubt I mean you've heard it a lot today but just want to go again on record our appreciation for your leadership and advocacy. Deferred maintenance funding in the last few years, I mean, so we got $151 million in the current year budget. Prior to that, it was 2021, we got $138.5 million. In 2016-17, we got $45 million. In 2018-19, we got $50 million. And in 2019-2020, $15 million. So $151 million is a lot relative to what we've been funded in that area.
I really appreciate your answer. I told her it was a lot, but she said it's not enough. And then my final question is the additional money that was specifically for the Orange Central Justice Center project. Why so much money? Why was so much money channeled to Orange? Yeah, that was funded through a special budget change concept. Yes.
It was budget change proposal in order to install fire life safety systems at the Central Justice Center in Orange. The building was county-owned until it got transferred to the Judicial Council. prior to the transfer, the county installed fire life safety and fire sprinkler systems in floor 11 through four. But then we took over and we needed the money in order to do the equivalent of fire alarm, fire suppression, and an evac system in this building When we got into the building when we started construction we found out that the plans do not reflect what was actually the case Because the building is so old it was very difficult for us to investigate what above the ceiling So when we opened the ceiling and when we moved people out in order to occupy the building, in order to work, and we opened the ceiling, we found that the plans did not reflect what was actually constructed. So we had to supplement and ask for additional money in order to build it the way it was supposed to be built in the 60s when it got constructed. And we partnered with a state fire marshal to identify what are the requirements in order to meet the codes in order to kind of do that. That's why we needed additional funds in order to put back what was not or put in what was not put in when the building was originally constructed.
My follow-up question is, as the request for that money came in, almost $80 million. As the request came in for that, how was that vetted? How was that compared to other requests for money? Nothing against Orange. Many of our colleagues are from Orange, and they would be fighting for them. But I'm trying to understand if this is data-driven, how was that project given a priority to the tune of almost 80 million dollars? It was an existing construction project that had started and if we did not get
that money we would have stopped the project without it being completed. There was an existing construction project that's that we needed to continue in order to achieve the original scope. So we were kind of put in a situation that when we started doing the construction the plan did not reflect what the county had built so it was was channeled there in order to complete the project and I want to you know report is when we first asked for the money we were about 25% complete of the first milestone that first milestone is scheduled to be completed December of this year we're done we're doing you know the punch list associated with that and we're moving back the courts in milestone one and And then we'll be moving out the courts and the staff that are in phase two and phase three.
So this building was purchased from the county? Yes, it was transferred from the county. Transferred or purchased? Transferred. So there was no exchange of money? Yeah, the county's put in what we call the county facilities fund. Yeah, yeah, sure.
it's budget related so I think it's a lot better and the reason I asked that as
you're giving an answer is that if this was the counties and their plans reflected something that was inaccurate then my first guess would have been then there should have been litigation against the county and they should have been the ones that footed the bill as opposed to the state yes senator if I might
There was an entire process by which the judicial branch, the state, took responsibility for court facilities. An entire set of legislation and a lengthy process of this transfer process, not a payment and purchase. All that counties were expected to provide was some level of maintenance funding, sometimes 25 cents a square foot. So we didn't get a great deal from the counties, but that was the arrangement. And so a number of these buildings are ours, not a financial transaction. And then we assume responsibility for them.
It's my understanding of this building when it was determined, it was determined to be like red tag, like it could not be used. So it became a priority because it was no longer an ability to use it, especially when the fire system was discovered. And they opened up the rafters and where they expect to see metal studs, they were wood. So the building, that's to Tamara's point, is that the building was not built to the spec in the architectural drawings. But we now are the owners of that building. And therefore, that's why it's our responsibility. There wasn't a purchase between us.
It is the problem that now we've inherited and why we have such a significant need is the counties, like a used car, if you know you're going to sell it, you don't put new tires on it, you don't change the oil, you just hope the next person gets it and buys it and then they move on. We inherited courts in disrepair.
Okay. Okay. And then, as you said, then it is determined to be a priority. And that's what I'm getting at. It isn't just that, oh, you know, we need an extra $80 million. Can you push that through the budget? There was a process to determine that it was a priority. Yeah, and similar to the Spring Street building. Not on our list, not on any radar. And then all of a sudden the federal government says, you are no longer going to be able to be a tenant in that building. And all of a sudden that project in Los Angeles became the number one priority last year. So while we haven't built something new, we put that as the first priority for the branch and the legislature saw fit to agree with that. Very good. Thank you. Thank you. Thank you, Madam Chair. yes let me feel further build upon what Senator Reyes is saying don't leave yet mr. mr. Z so don't the counties contribute annually towards the services that are provided in the courthouses from a facility standpoint or from a there is a county facility payment that is made
it is goes into a fund called the court facilities trust fund and it and it contributes to some small amount of operation maintenance and operations but not the facility modifications that we're talking about and so those are fixed in perpetuity with no inflationary adjustment the counties are and again many of those transfers came with very little fiscal support from the counties
to effectuate the transfer. And when you say those amounts are fixed, how are they fixed? Are they
fixed by the Constitution? Are they fixed by legislation? Are they fixed by the gentleman's agreement? No, there were transfer agreements that were a party of the county, the Judicial Council, and the Department of Finance letters that stated the amount. There was dispute resolution paths that if we felt that the number wasn't sufficient, but it was based on actual expenditures.
And again, the counties saw this coming years in advance. And so when they did the look back period, it was during a point when they were barely spending any money on maintenance of our buildings. Right. So building upon what Senator Reyes was saying, though, is if the state of California was under the impression we were getting something of value and hence what we were getting of value, we were willing to take on a greater role of payment because we're getting the value of this building and if in fact what we received is not what we thought then that leads to not that we necessarily are going to move forward with anything we not saying that but our point is what senator Reyes and I concur with her is that you know sometimes now we getting stuck fixing something that we didn't think we were going to have to fix I thought I was getting 10 apples in a bag and in fact I got four so you know okay so then maybe that's also reflective in when we're going to do something else whether it's new judgeships or whether it's whatever maybe adjustments need to be considered based upon impacts I think that's what we're saying is just if we can have flexibility in one area then we need to always be flexible in all areas understanding that different things happen and if they happen and we end up having to hold the bag with it then we may then want adjustments not adjustments considerations and that's what totally and I would want to clarify similar to the deferred maintenance where we said it was six billion dollars and we have some of these but many of these buildings do have some share owed amounts by the county so it's not a full hundred percent payment on our end sometimes they are the major occupant and we pay a share the you know the say 40 percent or 30 percent so it varies depending on how much of the space was shared use and that they still there's a joint occupancy agreement without that that lays out all the responsibilities and what what happens in terms of any any payments of maintenance that happen building the Judicial Council we own title to this building we own our equity share is 66% so the other 34% is owned by the county that Joe that joint occupancy agreement governs who pays what for what. Madam Chair, your example, I would say the and hold me the trial court facility act of 2002, the four apples that you got when you were supposed to get 10 happened in 2002 or early 2000s and there was statute that governed you know what you've got is you're good with it. So that is an example that's where we sit with this portfolio right but we didn't know we were good with it at that time but the statute had I don't guardrails or requirements or agreements and and the one of our challenges is as much as we have a I think about good we do have a very good governance process it's it's a factor of a lack of funding I mean if we could do more if we had more funding would be further down the list to a a mosque. We'd be further down. We would have, and we've had good partnerships with the administration and the legislature, and this year's budget is a reflection of all three coming together to do that. Thank you. Your leadership has been tremendous. But ultimately, this is the first time, and I've been in the branch for 15 years, we've gotten this kind of infusion from any source, I mean, be it the legislature or the administration in proposed budgets that then come to fruition so we really do appreciate that very much witness to what
she did thank you it's very kind as we wrap up this fourth panel I just want to bring a few things forward one for the public who's listening to this of numbers and you know what's going where and so on I want to give an example for the 1 billion that is being expended for the capital outlay facility modification projects funded in 2026 budget Southern California for example is receiving the LA section 36 although we serve 70.7% of the entire population. So I just want people to understand, even though they see some numbers receiving something, you have to consider again the population, the caseload and everything. Similarly, not similarly, the Central Coast received 19.0% of that funding, even though they serve only 2% of the population. So that's where Justice Hill, we've said this three times now in the previous panels. I'm going to take you as a man of your word. You've got to stay there. No retiring. We're going to look forward to working with you. And the same might be said for the Budget Act deferred maintenance. And I'll be submitting these charts that my staff created for the record. We're going to, all we're going to ask is we're going to work as hard as we can to continue giving you the sustainable amount of funding needed to make the repairs. All we're going to ask is we know emergencies happen. We know things are going to happen. but we also there's going to be an expectation that highest and fastest growing counties with greater needs just that same flexibility where something came and it wasn't on a list and now it's on a list we just need with some of these additional funds to be really going after these greatest need areas so that that way we can ship away and they're not forever the greatest need they can get in the 30 percentile of where they're supposed to be instead of the you know just this huge hole that they're digging out of that people aren't receiving timely cases and timely resolutions as they so deserve so with that if you'd hang tight where is the public going to be speaking the public comment okay if you don't mind just stay where you are it'll save us a little time. The public that's here, I'm going to ask that Justice Price and Justice Feiler speak first, and we won't hold you to a time commitment. Just you are our host here. Justice Price is like I didn't plan on saying anything, but you are our host and we want to give you an opportunity based upon you've heard comments of meeting new judges, you've heard comments of justice salaries, you've heard comments of new courtrooms and facilities needed. From your perspectives of being justices, why you concur or don't concur that this is important. And then the rest people who want to make public comments, could you please come and stand behind them and then that way we'll take those comments quickly if
there are any other comments yes madam chair my name is Kelvin Feiler and I currently serve as a supervising judge at the Compton Courthouse and I didn't have a question but I was gonna stand up because I wanted to come up here and say thank you I want to say thank you for holding this session in the Compton Courthouse in my hometown and I was listening very carefully this first time I've been through an entire legislative session like this, and I was extremely impressed by both of the state senators, your inquiries the fact that you asked the panelists to give you some suggestions give you specific suggestions and said and you don have to give them to me now give them to us later that shows sincerity That shows legislative empathy. That shows humility. And that shows sincerity on the part of both of you. And I just wanted to commend you for that and say thank you. And you're always welcome back to the Compton Courthouse. Thank you.
Thank you, Justice Finley.
not sure I could say it any better my name is judge Ashley price and I am the assistant supervising judge here and I would just echo judge filers comment it's been such a pleasure to host you and your staff on multiple occasions to this courthouse and we just have such a tremendous amount of pride in our community and so the fact that you've also taken an interest in our community in our courthouse and come here with your staff on several occasions means so much to us so thank you for being here asking such thoughtful questions and trying to get us the help that we need to keep this courthouse running so we can bring justice to our community and continue to do our jobs to the best of
our ability so thank you again Justice Price before you leave though because the public is not privy to your courthouse and Justice Feiler has so kindly help to educate us about it could you briefly say the fact the uniqueness of your courthouse why resources are so needed for more court rooms like yours that are helping can you tell people very briefly about how you do your courtroom differently you're working with children you're working with parents that you sit differently the way that you're working the you know the fact that you are literally providing childcare while the case is going on why different courtrooms this kind of funding is so needed in not only your courtroom but courtrooms throughout the state of California thank you so judge
Tapia with his support we were able to create a very unique courtroom here in the Compton Courthouse it was the first of its kind in the state of California it's a dependency courtroom that serves this specific area the six closest zip codes to the courthouse for families who have dependency issues abuse and neglect allegations against them but they have children under the ages of three the science tells us that that's the most important time for early intervention and support for our most vulnerable children but also our most vulnerable parents during that postpartum time and so we looked at the data and this area was particularly impacted by dependency cases so the court wanted to do something to bridge that gap and reach out to those families give them the support that they needed and the goal of the courtroom is to really keep children safe by keeping them safe at home by supporting their parents giving extra services and so one of our partners is here miss high muff right behind me from Children's Law Center and we've seen that when you do things differently you have great results so just as you have come and sat eye level with your constituents and taken testimony that's what I did in my courtroom as well is come down off the bench and speak to parents and find out what they really needed to try and get down to the root of the issues and let them know that in a community that sometimes has distrust of the court system that they were welcome to come to our courthouse and get help get support that they needed and so we're just very grateful that you came to support that courtroom I've since moved into a court but it's being manned now by another great judicial officer because of the continued support from the community as we try and really keep those families
together and support them here in Compton and last question do you know about how much additional funding was needed for that particular court program I don't but I'm happy to get back to you sounds good sounds good thank you thank Thank you very much. Thank you. And I did, while the next person's coming forward, I did fail to say for this fourth panel, you have the same homework as panel number three. So we need for you to think out of the box. If you were to have more money, continuing money, how would you be able to, you know, meet the repairs of $4 billion in access that you need at this point? How would you be able to meet that? And what do you need from us? Okay. Thank you. Yes.
Hi, I'm Leslie Heimov. I'm the executive director at Children's Law Center of California, and as Judge Price noted, we do staff the Hope Court up on the 12th floor of this building. I'm here today on behalf of the Dependency Council Coalition. We are the court-appointed attorneys who represent every parent and child involved in the child welfare system across California. We support the actions that have been taken by the legislature to increase funding for judgeships and facilities. However, Senator Richardson, challenge accepted. I would like to tell you what we need and can follow up after this hearing to offer a solution. I was struck by your opening comments in that while everything you said about access to justice and the need for resources was spot on, there was one missing piece, the attorneys. Specifically dependency attorneys. As I noted, some who work on the 12th floor of this building, which you visited last spring. We are woefully underfunded and in many counties including Los Angeles on the verge of a crisis due to unprecedented attrition and a dearth of unqualified applicants will a dearth of qualified applicants willing to accept sub- substandard compensation for some of the most challenging work an attorney can undertake Like the judges you heard from this afternoon dependency counsel typically earn 20 to 30 percent less even more if you include benefits than the county counsel who appear in the same courtrooms on the same cases Everything said today regarding judicial compensation applies to dependency counsel. There is no system in place to ensure fair compensation. The sporadic increases in funding we have seen over the past 30 years, and I've been at CLC for 34 years, have come through legislative action. Accordingly, it is critically important that as this committee continues to work to address the funding needs related to facilities and judgeships that you also take a hard look at the Dependency Council funding. We cannot continue to meet the high standards the courts and families we represent deserve without adequate resources. And I would add, I anticipate hopefully a question, if you would like to see more HOPE courts throughout LA County, you would need to double our funding for us to staff those courts it costs us twice as much to staff a court like Hope Court as it does for us to staff a traditional dependency courtroom and that is not sustainable and not something we can do
under the current funding structure thank you so please provide to the committee any data and information that we can review and hopefully be helpful
thank you thank you good afternoon I'm on judge Nicole Bershon from Los Angeles and as of Saturday I'll be the president of the California Judges Association. I just want to thank both of you so much, and I don't think what the public knows, this isn't the first time that you've asked about judges and buildings and salaries. You both have been so kind with your time and your resources, and you've talked to us offline at your offices and said to us, how can we help you? And today you made it resoundingly clear that you're interested in helping us, and we so appreciate it. on behalf of the 2200 members of our organization, judges, commissioners, justices, tribal judges, ALJs, we want to thank you. And I just want to brag a little. You got to see, we talked about the diversity in judicial excellence, and it represented in this room You heard from our incredible vice presidents Judges Vallejo and Walton and you heard from Judge Tapia and we have our incoming presiding judge Judge Rick Ocampo and assistant presiding judge, Judge Verastegui. There's also Judge Jackson from Riverside, and Judge Puente Porras. I'm going to call her out because I saw her, and Judge Brody. These are our members, and they are incredible, and they work hard every day, and they represent the broad diversity of our judiciary and the communities they serve so on behalf of all of us I just want to thank you for your time and your commitment we really really appreciate it and we look forward to working with you to come up with some solutions so thank you so very much thank you seeing no other public comment
okay with that it we're actually at 408 which was isn't bad I apologize for for those of you who are going to get on a freeway and it may take you two hours to get home but as you're sitting there I hope that you'll feel a little more comfort in that we're committed to being helpful and the extra hours of you getting home will be paid back in dividends and hopefully the results that you'll see having heard from all members of the public and any other questions or comments on Senator Wainz? I just want to thank all the panelists. This has been very informative. I want to thank our chair who has, and I've said this a number of times, and I want you to know I've seen her at work. I'm not on her subcommittee. I chair another one. But she has been clear about what she wants. And it isn't just saying this is what we have to do. She's saying this is why we need to do it. And that makes a big difference. And I want to thank her. I want to thank the panelists and to the public. Thank you so much for being here. This is such an important topic, and having you all here also makes a difference. So thank you all. And that leads to what Nora here wonderfully has prepared for me to say thank you as well. I do want to say thank you to all of our sergeants who came down from Sacramento who have done such a great job Nora and the entire budget team and people we have recording our Senate Dems who are making sure that this is coming live so my 88 year old mother can be watching and seeing that I'm doing my job and to everyone who participated staff who helped prepare comments answering questions I will tell you that I'm sure Senator Reyes and I were going to be asking more questions leading from now till December 7th which is our first day back and then thereafter I'm sure we will reconvene probably another group to now take what you've given us to actually put together some potential legislation that can be addressed and what impressed me about what I saw in the past one of the reports I had you could tell it had been typed on a typewriter that's how old it was it was a lock ear somebody's report back in 1997 and I just want to say that we're committed to forming some of those same committees to make sure that we have your buy-in that what we bring forward in terms of legislation is going to fix these issues and so with that thank you to all the individuals who participated in public testimony today if you were not able to testify today please submit your comments or suggestions in writing to the budget and fiscal review committee or visit our website your comments and suggestions are important to us and we want to include your testimony in the official hearing records thank you again to the Los Angeles Superior Court for hosting us today and thank you to all the panelists for your participation in this hearing we have concluded today's agenda and the Senate budget subcommittee number five on Corrections public safety judiciary labor and transportation is now adjourned thank