reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.7 - Official Reporters in Counties with a Population of 140,000 to 147,000 › Section 70132.

70132. The official reporters of the court, if otherwise eligible, shall be members of any retirement system maintained by the county that includes attachés of the court. For the purposes of such retirement system, the salary or compensation provided for reporters in this article shall be deemed their entire compensation, except that where credit is claimed for service rendered prior to the establishment of such salary or compensation, the actual compensation paid to them by the county shall be the basis for contributions for such prior service, and continuous employment of the court, prior to membership in such retirement system, shall be considered as “prior service” therein upon the payment by the reporters of the sums due, if any, under the retirement system.
(Added by Stats. 1966, 1st Ex. Sess., Ch. 100.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.7 - Official Reporters in Counties with a Population of 140,000 to 147,000 › Section 70132.5.

70132.5. (a) The official reporter shall perform the duties required of him by law. When not actually engaged in the performance of any other duty imposed on him by law, he shall render stenographic or clerical assistance, or both, to the judge or judges of the department to which he is assigned as such judge or judges may direct. This subdivision shall not apply to reporters who elect to be paid on a per diem and fee basis.
(b) The official reporter in each department shall be selected by, and serve solely and directly under the authority and control of, the judge thereof, and shall not be subject to the authority of any county administrative office or personnel commission.
(Added by Stats. 1966, 1st Ex. Sess., Ch. 100.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.7 - Official Reporters in Counties with a Population of 140,000 to 147,000 › Section 70133.

70133. Nothing in any county ordinance or in any state law disqualifying employees at any age from further employment, shall affect any reporter employed on the effective date of this article, or for a period of 10 years thereafter.
(Added by Stats. 1966, 1st Ex. Sess., Ch. 100.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.7 - Official Reporters in Counties with a Population of 140,000 to 147,000 › Section 70134.

70134. The official reporters of the court, in addition to membership in any appropriate county retirement system, unless otherwise specified in this article, shall be bound by the same restrictions applicable to other county employees. Such reporters shall not use county equipment or county premises or county working hours for the purpose of doing work not in the service of the county or the court.
(Added by Stats. 1966, 1st Ex. Sess., Ch. 100.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.8 - Official Reporters and Fees in Counties With a Population of 120,000 to 130,000 › Section 70136.

70136. (a) Notwithstanding any other provision of law, the monthly salary of each full-time official reporter of the Superior Court in Santa Cruz County shall be as follows:
Step 1:$1,614
Step 2:$1,685
Step 3:$1,758
Step 4:$1,834
Step 5:$1,941
The initial hiring rate for each position shall be step 1. However, the judges of the superior court may appoint any such court reporter at a higher initial step if, in the opinion of the judges of the superior court, an individual to be appointed has such experience and qualifications to entitle that individual to such higher initial step.
In addition to the compensation provided in this article, each full-time reporter of the superior court shall be entitled to, and shall receive the same vacation, sick leave, salary step advancements, and similar privileges and benefits as are now or may hereafter be provided for the employees of the county.
(b) Notwithstanding any other provision of the law, compensation for each official reporter pro tempore shall be sixty-five dollars ($65) a day for each day such reporter pro tempore is on duty under order of the court. Each reporter pro tempore shall receive from the county the necessary traveling and other expenses when necessarily called from other counties.
(c) Each full-time official reporter and each official reporter pro tempore shall receive the salaries specified in subdivisions (a) and (b), respectively, unless the board of supervisors of Santa Cruz County by ordinance provides for compensation in excess of the specified amounts, in which event the amount set by ordinance shall apply.
(Amended by Stats. 1980, Ch. 745.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.8 - Official Reporters and Fees in Counties With a Population of 120,000 to 130,000 › Section 70137.

70137. Fees for transcription of testimony and proceedings in the court shall be paid by the litigant to full-time official reporters or to official reporters pro tempore as otherwise provided by law. In all cases where by law the court may direct the payment of transcription fees out of the county treasury, such fees shall, upon order of the court, be paid from the General Fund, including fees for transcription of testimony of proceedings in criminal cases as provided in Sections 69947 to 69953, inclusive, of this code, which shall be paid from the county treasury.
(Added by Stats. 1974, Ch. 1201.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.8 - Official Reporters and Fees in Counties With a Population of 120,000 to 130,000 › Section 70138.

70138. (a) The official reporter shall perform the duties required by law. When not actually engaged in the performance of any other duty imposed by law, the official reporter shall render stenographic or clerical assistance, or both, to the judge or judges of the department to which such reporter is assigned as such judge or judges may direct.
(b) The official reporter in each department shall be selected by and serve directly under the authority and control of the judge thereof, provided, however, that whenever the services of an official reporter are not required in the actual prosecution of the business of his department, the presiding judge of the superior court may temporarily assign any such reporter to act as an official reporter for another department of the superior court or as an official reporter of a municipal court within the same county.
(Added by Stats. 1974, Ch. 1201.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 12.8 - Official Reporters and Fees in Counties With a Population of 120,000 to 130,000 › Section 70139.

70139. (a) A reporter’s filing fee of twelve dollars ($12) shall be paid in actions and proceedings as specified in Section 68090.5 in the Santa Cruz County Superior Court.
(b) In addition to any fee otherwise required, in civil cases that last longer than one judicial day, a fee per day equal to the per diem rate for official reporters pro tempore shall be charged to the parties for the services of an official reporter for the second and each successive day a reporter is required.
(c) In addition to any fee otherwise required, in a civil case in which a court orders a daily transcript necessitating the services of two phonographic reporters, the party requesting the daily transcript shall pay a fee per day equal to the per diem rate for official reporters pro tempore for the services of the second reporter for the first and each successive day.
(Amended by Stats. 1992, Ch. 772, Sec. 9. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5 - The Superior Courts › ARTICLE 13 - Court Commissioners › Section 70141.11.

70141.11. Notwithstanding Section 269 of the Code of Civil Procedure, any court reporting functions for the commissioner in Contra Costa County may be by electronic or mechanical means and devices.
(Repealed and added by Stats. 2002, Ch. 784, Sec. 337. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 1 - Unification Voting Procedure › Section 70200.

70200. (a) The municipal and superior courts in a county shall be unified on a majority vote of superior court judges and a majority vote of municipal court judges in the county, pursuant to the procedures provided in this article.
(b) The vote shall be conducted by the Judicial Council or, if authorized by the Judicial Council, the county’s registrar of voters.
(c) The Judicial Council may adopt rules not inconsistent with this article for the conduct of the vote, including but not limited to rules governing the frequency of vote calls, manner of voting, duration of the voting period, and selection of the operative date of unification.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 1 - Unification Voting Procedure › Section 70201.

70201. (a) The Judicial Council or registrar of voters shall certify the results of a vote to unify the municipal courts and the superior courts in a county.
(b) Unification of the municipal and superior courts in a county requires an affirmative vote of a majority of all superior court judges in the county eligible to vote and a majority of all municipal court judges in the county eligible to vote.
(c) On certification, a vote in favor of unification of the municipal and superior courts in a county is final and may not be rescinded or revoked by a subsequent vote.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 1 - Unification Voting Procedure › Section 70202.

70202. Unification of the municipal and superior courts in a county shall occur on the earlier of the date specified in the unification vote or 180 days following certification of the vote for unification.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70210.

70210. The Judicial Council shall adopt rules of court not inconsistent with statute for:
(a) The orderly conversion of proceedings pending in municipal courts to proceedings in superior courts, and for proceedings commenced in superior courts on and after the date the municipal and superior courts in a county are unified.
(b) Selection of persons to coordinate implementation activities for the unification of municipal courts with superior courts in a county, including:
(1) Selection of a presiding judge for the unified superior court.
(2) Selection of a court executive officer for the unified superior court.
(3) Appointment of court committees or working groups to assist the presiding judge and court executive officer in implementing unification.
(c) The authority of the presiding judge, in conjunction with the court executive officer and appropriate individuals or working groups of the unified superior court, to act on behalf of the court to implement unification.
(d) Preparation and submission of a written personnel plan to the judges of a unified superior court for adoption.
(e) Preparation of local court rules necessary to facilitate the orderly conversion of proceedings pending in municipal courts to proceedings in superior courts, and for proceedings commenced in superior courts on and after the date the municipal and superior courts in a county are unified. These rules shall, on the date the municipal and superior courts in a county are unified, be the rules of the unified superior court.
(f) Other necessary activities to facilitate the transition to a unified superior court.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70211.

70211. When the municipal and superior courts in a county are unified:
(a) The judgeships in each municipal court in that county are abolished and the previously selected municipal court judges become judges of the superior court in that county. Until revised by statute, the total number of judgeships in the unified superior court shall equal the previously authorized number of judgeships in the municipal court and superior court combined.
(b) The term of office of a previously selected municipal court judge is not affected by taking office as a judge of the superior court. A previously selected municipal court judge is entitled to hold office for the same time period as if the judge had remained a judge of the municipal court. Until a previously selected municipal court judge leaves office or a successor is elected and qualifies, the time for election of a successor shall be governed by the law otherwise applicable to selection of municipal court judges. Thereafter, selection of a successor to the office shall be governed by the law governing selection of superior court judges.
(c) The 10-year membership or service requirement of Section 15 of Article VI of the California Constitution does not apply to a previously selected municipal court judge.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70212.

70212. Except as provided by statute to the contrary, in a county in which the municipal and superior courts become unified, the following shall occur automatically in each preexisting municipal and superior court:
(a) Previously selected officers (including subordinate judicial officers), employees, and other personnel who serve the court become the officers and employees of the superior court.
(b) Preexisting court locations are retained as superior court locations.
(c) Preexisting court records become records of the superior court.
(d) Pending actions, trials, proceedings, and other business of the court become pending in the superior court under the procedures previously applicable to the matters in the court in which the matters were pending.
(e) Matters of a type previously subject to rehearing by a superior court judge remain subject to rehearing by a superior court judge, other than the judge who originally heard the matter.
(f) Penal Code procedures that necessitate superior court review of, or action based on, a ruling or order by a municipal court judge shall be performed by a superior court judge other than the judge who originally made the ruling or order.
(g) Subpoenas, summons of jurors, and other process issued by the court shall be enforceable by the superior court.
(h) The superior court and each judge of the superior court has all the powers and shall perform all of the acts that were by law conferred on, or required of, any court superseded by the superior court and any judge of the superseded court, and all laws applicable to the superseded court not inconsistent with the statutes governing unification of the municipal and superior courts apply to the superior court and to each judge of the court.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70213.

70213. (a) In a county in which the municipal and superior courts become unified, until revised by the Judicial Council, forms for proceedings within the jurisdiction of municipal courts may be used as if the proceedings were in a municipal court.
(b) The Judicial Council may adopt rules resolving any problem that may arise in the conversion of statutory references from the municipal court to the superior court in a county in which the municipal and superior courts become unified.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70214.

70214. When the municipal and superior courts in a county are unified:
(a) Until revised by statute, the total number of authorized court commissioners in the unified superior court shall equal the previously authorized number of court commissioners in the municipal court and superior court combined.
(b) Until revised by statute, the total number of authorized traffic referees or traffic trial commissioners in the unified superior court shall equal the previously authorized number of court traffic referees or traffic trial commissioners in the municipal court.
(c) The superior court or its judges may make appointments previously authorized to be made by a municipal court or its judges.
(d) Commissioners and referees of the unified superior court shall have all of the powers and authority of commissioners and referees of superior courts and of municipal courts.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70215.

70215. This article and other statutes governing unification of the municipal and superior courts in a county shall prevail over any inconsistent statutes otherwise applicable to the municipal or superior courts in the county, including, but not limited to, statutes governing the number of judges, selection of a presiding judge, selection of a court executive officer, and employment of officers (including subordinate judicial officers), employees, and other personnel who serve the court.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70216.

70216. (a) If unification of the municipal and superior courts within a county occurs during an election for the office of municipal court judge, the conduct of the direct primary election and general election shall be governed by the law otherwise applicable to the election of a municipal court judge.
(b) A judge elected pursuant to this section shall be deemed to be a previously selected municipal court judge within the meaning of subdivision (b) of Section 23 of Article VI of the California Constitution.
(c) As used in this section, “during an election” means during the period beginning on the 127th day before a direct primary election and ending on the day of the general election.
(Repealed and added by Stats. 1998, Ch. 931, Sec. 257. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.1 - Unification of Municipal and Superior Courts › ARTICLE 2 - Transitional Provisions for Unification › Section 70217.

70217. On unification of the municipal and superior courts in a county, until adoption of a statewide structure for trial court employees, officers, and other personnel by the Legislature:
(a) Notwithstanding any other provision of law contained in this title, upon unification, previously selected officers, employees, and other personnel who serve the courts shall become the officers, employees, and other personnel of the unified superior court at their existing or equivalent classifications, and with their existing salaries, economic and noneconomic benefits and other existing terms and conditions of employment that include, but are not limited to, accrued and unused vacation, sick leave, personal leave, health and pension plans, civil service or merit system coverage, and other systems that provide similar employment protections. The status, position, and rights of such persons shall not be affected by the unification and shall be retained by them as officers, employees, and other personnel of the unified superior court. This provision shall be retroactive to the date of unification and shall supersede any other provision of law governing at-will employment or exemption from civil service coverage applicable to these employees. It is the intent of the Legislature to ensure that officers, employees, and other personnel of the superior court do not lose employment protections to which they were entitled when unification took effect as a result of unification.
(b) Permanent employees of the municipal and superior courts on the effective date of unification shall be deemed qualified, and no other qualifications shall be required for employment or retention. Probationary employees on the effective date of unification shall retain their probationary status and rights, and shall not be deemed to have transferred so as to require serving a new probationary period.
(c) Employment seniority of an employee of the municipal or superior courts on the effective date of unification shall be counted toward seniority in the unified superior court, and all time spent in the same, equivalent, or higher classification shall be counted toward classification seniority.
(d) No officer or employee with peace officer status shall lose that status as a result of unification, and any officer or employee authorized to perform notice and process services or court security services in the municipal court is authorized to perform those services in the unified superior court.
(Amended by Stats. 1999, Ch. 891, Sec. 10.5. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 1 - General Provisions › Section 70303.

70303. (a) The Court Facilities Dispute Resolution Committee is hereby created to hear and determine disputes between a county and the Judicial Council as specified by this chapter.
(b) The committee shall consist of the following members:
(1) One person selected by the California State Association of Counties.
(2) One person selected by the Judicial Council.
(3) One person selected by the Director of Finance.
(c) The committee shall hear and make recommendations to the Director of Finance for determinations in disputes involving the following matters:
(1) Buildings rejected for transfer of responsibility because of deficiencies as provided in Section 70328.
(2) Failure to reach agreement on transfer of responsibility for a building as provided in Section 70333.
(3) Disputes regarding the appropriateness of expenditures from a local courthouse construction fund as provided in Section 70403.
(4) County appeal of a county facilities payment amount as provided in Section 70366.
(5) Administrative Office of the Courts appeal of a county facilities payment amount as provided in Section 70367.
(d) Upon receipt of the recommendation from the committee, the Director of Finance shall make the final determination of the issue in dispute.
(e) The expenses of members of the committee shall be paid for by the agency or organization selecting the member.
(f) The Judicial Council, the California State Association of Counties, and the Department of Finance shall jointly provide for staff assistance to the committee.
(g) Regulations and rules adopted by the committee shall be exempt from review and approval or other processing by the Office of Administrative Law required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(Amended by Stats. 2003, Ch. 592, Sec. 7. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 2 - Responsibility for Court Facilities › Section 70311.

70311. (a) Commencing July 1, 1997, and each year thereafter, no county or city and county is responsible to provide funding for “court operations,” as defined in Section 77003 and Rule 10.810 of the California Rules of Court, as it read on January 1, 2007.
(b) Except as provided in Section 70312, commencing as of July 1, 1996, and each year thereafter, each county or city and county shall be responsible for providing necessary and suitable facilities for judicial and court support positions created prior to July 1, 1996. In determining whether facilities are necessary and suitable, the reasonable needs of the court and the fiscal condition of the county or city and county shall be taken into consideration.
(c) If a county or city and county fails to provide necessary and suitable facilities as described in subdivision (b), the court shall give notice of a specific deficiency. If the county or city and county then fails to provide necessary and suitable facilities pursuant to this section, the court may direct the appropriate officers of the county or city and county to provide the necessary and suitable facilities. The expenses incurred, certified by the judges to be correct, are a charge against the county or city and county treasury and shall be paid out of the general fund.
(d) Prior to the construction of new court facilities or the alteration, remodeling, or relocation of existing court facilities, a county or city and county shall solicit the review and comment of the judges of the court affected regarding the adequacy and standard of design, and that review and comment shall not be disregarded without reasonable grounds.
(e) Any reference in the statutes enacted prior to January 1, 2003, that refers to Section 68073 shall be deemed to refer to this section.
(Amended by Stats. 2007, Ch. 130, Sec. 133. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 2 - Responsibility for Court Facilities › Section 70312.

70312. If responsibility for court facilities is transferred from the county to the Judicial Council pursuant to this chapter, the county is relieved of any responsibility under Section 70311 for providing those facilities. The county is also relieved of any responsibility for deferred or ongoing maintenance for the facility transferred, except for the county facilities payment required by Section 70353. Except as otherwise provided by this chapter, or by the agreement between the Judicial Council and the county under this chapter, the Judicial Council shall have ongoing responsibility for providing trial court facilities. If responsibility for all court facilities within a county has been transferred pursuant to this chapter, that county shall have no responsibility for providing court facilities. This section does not relieve a county of its obligation under Article 5 (commencing with Section 70351) or its obligations under any agreement entered into pursuant to this chapter.
(Amended by Stats. 2005, Ch. 410, Sec. 2. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 2 - Responsibility for Court Facilities › Section 70313.

70313. This chapter may not be construed as authorizing a county, a city and county, a court, the Judicial Council, or the state to supply to the official reporters of the courts stenography, stenotype, or other shorthand machines, or as authorizing the supply to the official reporters of the courts, for use in the preparation of transcripts, of typewriters, transcribing equipment, supplies, or other personal property. The enactment of this provision is a statement of existing law under former subdivision (f) of Section 68073 and is not a modification of the prior law.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70322.

70322. Agreements for the transfer of responsibility for court facilities from the county to the Judicial Council may include multiple buildings within the county, and need not require a separate agreement for each building.
(Repealed and added by Stats. 2008, Ch. 9, Sec. 3. Effective April 23, 2008.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70326.

70326. (a) Except as provided in this section, the agreement may not require any payment from the county to the state for any deficiencies in the court facilities being transferred caused by deferred maintenance.
(b) A building and the court facilities in it shall be deemed deficient if any of the following exist:
(1) A deficiency or deficiencies that constitute a significant threat to life, safety, or health.
(2) A deficiency or deficiencies that include seismically hazardous conditions with an unacceptable seismic safety rating.
(3) Deficiencies that in their totality are significant to the functionality of the facility.
(c) Neither title to a deficient building nor responsibility for the court facilities in that building shall transfer to the state or the Judicial Council under this chapter, and Section 70312 does not apply to the court facilities in a deficient building, unless provision is made in the agreement for correction of the deficient items.
(d) If one or more phases of a maintenance project are pending on the court facilities prior to the date of the agreement under this article, the agreement shall specify whether the county shall complete those phases of the project, to the extent approved, or shall transfer funds to the state to permit completion of those phases of the project. As used in this section, a phase of a project is to be deemed pending to the extent that the board of supervisors has either approved the phase in whole or in part at a board of supervisors meeting, and either allocated or appropriated money for the phase in whole or in part, or executed a contract for the phase in whole or in part.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70327.

70327. (a) Prior to the completion of the negotiations concerning the transfer of responsibility for court facilities in a building, the state shall provide for a licensed structural engineer to inspect and evaluate the building containing the court facilities for seismic safety if the building was built under a building code prior to the 1988 Uniform Building Code and the building has not been upgraded since 1988 for seismic safety. The inspection shall be made using the method and criteria for seismic safety developed by the Department of General Services’ Real Estate Services Division. Any repair required to the damage caused by the exploratory inspection shall be paid for by the state.
(b) The county shall assist the state in the inspection by providing the following:
(1) Access to the facility for inspection purposes.
(2) Drawings and design documents for the building, if available.
(3) Any reports on structural or seismic evaluations of the building.
(c) If a building is given an unacceptable seismic safety rating and the county subsequently performs seismic upgrade work, the state may, upon the request of the county and at the county’s expense, contract with a licensed structural engineer to reinspect and reevaluate the building.
(d) Neither title to a building with an unacceptable seismic safety rating nor responsibility for the court facilities in that building shall transfer to the state or the Judicial Council under this chapter, and Section 70312 does not apply to the court facilities in that building, unless provision is made in the agreement for correction of the unacceptable seismic safety items.
(e) The Administrative Director of the Courts, in his or her discretion, with the approval of the Director of Finance or his or her designee, may waive the inspection required by subdivision (a) upon his or her finding of either of the following:
(1) The ratio of court facilities to other facilities in the building is minimal and title to the building is not being transferred to the state.
(2) The amount of court space in the building does not exceed 10,000 square feet.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70328.

70328. If a building receives an unacceptable seismic safety rating under Section 70327, or is rejected as deficient under Section 70326, the county may appeal that action to the Court Facilities Dispute Resolution Committee. The state has the burden of proving by a preponderance of the evidence the unacceptable seismic safety rating or deficient rating.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70329.

70329. (a) Title to a historical building containing court facilities may not be transferred to the state without the express consent of the county’s board of supervisors.
(b) If title to a historical building containing court facilities is not transferred to the state, the county may still be relieved of its responsibility to fund court facilities under Section 70312 if the county as part of its agreement under this article either:
(1) Makes the court facilities within the historical building available to the Judicial Council for court use.
(2) Provides, with the consent of the Judicial Council, alternative court facilities of at least comparable size, condition, and utility.
(c) Court facilities provided under this section shall meet all requirements for transfer of court facilities under this chapter, and the court and the Judicial Council shall have all the rights to that building that they have under this chapter to other court facilities whose responsibility is transferred to the Judicial Council.
(d) A county shall not prevent a court from using court facilities traditionally used by that court in a historical building, except with the consent of the Administrative Director of the Courts.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70330.

70330. The agreement shall provide for parking spaces for the court of comparable convenience, number, and type, as was made available for court use as of October 1, 2001. For purposes of this section, parking spaces for the court includes, but is not limited to, spaces for judges, court employees, other court staff, witnesses, and jurors.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70331.

70331. (a) If there are one or more pending phases of a project involving court facilities and the responsibility for the facility is to be transferred to the Judicial Council, the Judicial Council may, as part of the agreement under this article, require the completion of those phases of the project, to the extent that county funds or property have been allocated, approved, appropriated, or committed to those phases of the project by resolution or ordinance as a condition of transfer of responsibility to the Judicial Council.
(b) This section applies irrespective of whether title to the building containing the court facilities is to be transferred to the state.
(c) As used in this section, a phase of a project is to be deemed pending to the extent that the board of supervisors has either approved the phase in whole or in part at a board of supervisors meeting, and allocated or appropriated money for the phase in whole or in part, or executed a contract for the phase in whole or in part.
(d) The Judicial Council may request the county to implement design changes relating to the project if either the overall effect of the changes do not increase the costs of the project to the county, or the Judicial Council agrees to pay any extra costs caused by the changes.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70332.

70332. The Judicial Council, in consultation with the Department of Finance and the trial courts, and the California State Association of Counties, in consultation with the Department of Finance and the counties, shall develop the procedures for implementing the transfer of responsibility for court facilities from the counties to the state as set forth in this article.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 3 - Agreements Transferring Responsibility for Court Facilities › Section 70333.

70333. If the Judicial Council and the county fail to reach agreement on any facility, each shall present its position to the Court Facilities Dispute Resolution Committee which shall render its determination concerning that transfer of responsibility for that facility.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 4 - Administration of Shared Use Buildings › Section 70341.

70341. (a) The user rights of the court and the county are based on the proportional allocation of exclusive use facilities within the building for the court and for the county as specified in the agreement, regardless of the entity holding title to the building.
(b) The court and the county shall each have exclusive use of the facilities in the building currently used by it, together with the shared use of the common areas, indefinitely and at no cost, subject to the terms of any lease with a third-party lessor.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 4 - Administration of Shared Use Buildings › Section 70342.

70342. (a) If the county holds title to a shared use building and the court wishes to have additional space in the building, if the county agrees to allocate additional space, the county may charge the state reasonable rent for any space as may be agreed between the county and the Judicial Council.
(b) If the state holds title to a shared use building and the county wishes to have additional space in the building, if the state agrees to allocate additional space, the state may charge the county reasonable rent for any space as may be agreed to between the county and the Judicial Council.
(c) If the state and the county jointly hold title to a shared use building and either the court or the county wishes to have additional space in the building, the Judicial Council and the county may agree to modify the amount of space and the charges made for that space.
(d) If the state or the county is a lessee in a shared use building owned by a third party and the court or the county wishes to have additional space in the building, the Judicial Council or the county may negotiate with the lessor concerning the amount of space and the charges made for that space. This subdivision does not permit either the state or the county to occupy space in the building leased by the other party without the consent of that party.
(e) Unless the Judicial Council and the county agree otherwise, if either the Judicial Council or the county desires to decrease the amount of space it occupies in a shared use building, it may do so only after offering the other party the space on the same terms and conditions as to which it has proposed to transfer the space to a third party. Notwithstanding the transfer of space pursuant to this subdivision or the failure to use the space, the Judicial Council and the county are not relieved of their rights and responsibilities under the agreement entered into pursuant to Section 70343, unless that agreement is superseded by a subsequent agreement. As used in this subdivision, a “third party” means an entity other than the court or the county.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 4 - Administration of Shared Use Buildings › Section 70343.

70343. (a) Notwithstanding the manner of holding title to a shared use building:
(1) The rights and responsibilities of the Judicial Council, the court, and the county in a shared use building shall be established by an agreement between the Judicial Council and the county which may be modified by the consent of both the Judicial Council and the county. The agreement shall include, but not be limited to:
(A) The liability and responsibility for ongoing maintenance and administration of the building.
(B) Any agreed-upon conditions involving the ongoing administration of the building.
(C) Any agreements concerning general liability for the building, building planning, engineering, design, maintenance, repair, construction, failure to maintain common use areas, and dispute resolution.
(D) A provision involving resolution of disputes that may arise under the agreement between the county and the Judicial Council.
(2) Unless otherwise specifically provided by agreement between the Judicial Council and the county, the Judicial Council and the county shall share operation and maintenance costs in a shared use building as follows:
(A) Each entity is responsible for the operation and normal day-to-day maintenance costs of that space in the building exclusively used by the entity.
(B) Each entity shall share the operating and normal day-to-day maintenance costs for the common space in the building based on the proportionate amount of space exclusively used by each entity.
(C) Each entity shall share the major building repairs and maintenance affecting the entire building, including, but not limited to, common areas, based on the proportionate amount of space exclusively used by each entity.
(b) The use of space in a joint-use building by both the court and the county shall be compatible with the building and shall not deteriorate or diminish the ability of either the county or the court to use the remaining space effectively.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 4 - Administration of Shared Use Buildings › Section 70344.

70344. (a) The entity holding title to a shared use building, except a third-party lessor, shall not transfer any right to a third party of the part of the building used by the other entity or place further bonded indebtedness on it, except as already required by operation of the legal documentation related to bonded indebtedness or as agreed to by the Judicial Council and the county, if the result of the action would be a further delay in transfer of title to the building to the other party pursuant to subdivision (b) of Section 70325.
(b) If either the court or the county occupies 80 percent or more of a shared use building, the Judicial Council, on behalf of the court, or the county may require the other entity to vacate the building. The entity vacating the building shall be given reasonable notice and shall be compensated by the other entity for its equity in the facility and for relocation costs at the fair market rate.
(c) Except as provided in subdivision (b), if the court or the Judicial Council is required to vacate a shared use building owned by the county, in whole or in part, the county shall provide the court or the Judicial Council with suitable and necessary facilities at least equal to those previously occupied by the court. The failure of the county to provide those facilities shall make the county responsible to the court under Section 70311 for the facilities not provided.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70351.

70351. It is the intent of the Legislature in enacting this section to provide a source of funding for the ongoing operations and maintenance of court facilities by requiring each county to pay to the state the amount that county historically expended for operation and maintenance of court facilities. It is further the intent of the Legislature that funding for the ongoing operations and maintenance of court facilities that are in excess of the county facilities payments be provided by the state.
(Added by Stats. 2002, Ch. 1082, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 5.7 - Superior Court Facilities › ARTICLE 5 - County Facilities Payment › Section 70351.5.

70351.5. Notwithstanding any other provision of this chapter, the California State Association of Counties, the Judicial Council, and the Director of Finance may agree to alternative methods for calculating the county facilities payment amount to be used by any county meeting the criteria set forth in those alternative methods. In the absence of an agreement, the other provisions of this article shall apply.
(Added by Stats. 2006, Ch. 444, Sec. 3. Effective January 1, 2007.)