AB 330

Bill Subjects

Abstract

Existing law requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more pilot projects in selected courts to receive grants to, among other things, provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child. Existing law places the highest priority for funding on proposals to provide counsel in child custody cases, particularly when one side is represented and the other is not, and requires up to 20% of available funds to be directed to projects regarding civil matters involving actions by a parent to obtain sole legal or physical custody of a child. This bill would instead require the Judicial Council to develop and provide grants for programs in selected courts that provide legal counsel to low-income persons in matters involving child custody, when the parent is seeking to obtain any level of legal or physical custody, and would require that up to 20% of the available funds be directed at civil matters involving an action under the Family Code, as specified. The bill also would place the highest priority for funding on proposals to provide counsel in child custody cases, irrespective of whether one side is represented and the other is not. The bill would also authorize the Judicial Council to accept donations from public or private entities for the purposes of providing grants. Existing law requires the Judicial Council to conduct a study to demonstrate the effectiveness and continued need for the pilot program and to report its findings and recommendations to the Governor and the Legislature on or before January 31, 2016. This bill would require the Judicial Council to conduct the study and report its findings and recommendations for the programs every 5 years, commencing June 1, 2020. Existing law provides for the assessment of fees for various court services, including, among others, issuing an abstract of judgment and issuing an order of sale. Existing law requires an amount equivalent to $10 of each fee collected to be used by the Judicial Council to implement and administer the civil representation pilot program described above. This bill would increase the amount assessed for the above services by $15, and would require those funds to be used by the Judicial Council to implement and administer the civil representation programs, thereby imposing a tax. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.