AB 2313

Bill Subjects

Abstract

(1) Existing law authorizes the Judicial Council to conduct institutes and seminars for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law, and promoting uniformity in judicial procedure, as specified. This bill would authorize the Judicial Council, on or before January 1, 2025, to establish a program that provides training and education to judges in specified actions relating to water, as defined. The bill would provide that the program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute, or by using existing funds for judicial training. The bill would require a court to prioritize assigning a judge with training or education under the program for actions relating to water, if certain conditions are met. (2) Under existing law, when it appears to the court at any time before or during the trial of the action that expert evidence is or may be required by the court or by any party to the action, the court, on its own motion or on motion of any party, may appoint one or more experts to investigate, to render a report, and to testify as an expert at the trial of the action, as specified. For comprehensive groundwater adjudications, existing law authorizes the court to appoint one or more special masters with specified duties, including, among others, investigating technical and legal issues and performing other tasks the court may deem appropriate. Existing law requires the court to equitably allocate payment of the special master's compensation among the parties and authorizes the court to waive a party's obligations to pay the special master's compensation upon a showing of good cause. This bill would require the Judicial Council to identify experts in water science or management, or research attorneys, who may be available to any judge adjudicating an action relating to water, as defined, as an expert pursuant to the procedure specified above, as a research attorney, or to consult on the contents of a document submitted by a party. The bill would authorize the Judicial Council to pay or reimburse courts for the costs of employing or contracting with those experts or research attorneys in an action relating to water with funds appropriated for that purpose. The bill would authorize a judge to appoint a qualified special master to assist the judge with an action relating to water with duties similar to those for special masters in comprehensive groundwater adjudications. The bill would require the reasonable and appropriate compensation for experts and research attorneys identified pursuant to the bill, special masters appointed pursuant to the bill, and for experts appointed to an action relating to water pursuant to the procedure specified above, to be funded by an appropriation from the General Fund in the annual Budget Act or another statute. For a special master in a comprehensive groundwater adjudication, the bill would authorize their compensation to be provided pursuant to the procedures specified above under existing law or by that General Fund appropriation.