HomeMy WebLinkAboutMINUTES - 10252005 - C77 TO: BOARD OF SUPERVISORS Contra
FROM: JOHN SWEETEN,
COUNTY ADMINISTRATOR COS�C�
DATE: October 24, 2005 County
SUBJECT: REQUEST FOR INCREASED SHARE OF CIVIL FILING FEES
FOR THE LAW LIBRARY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
ESTABLISH the Contra Costa County Law Library's share of civil filing fee for both unlimited and limited jurisdiction cases
in Superior Court at$32.00 effective January 1, 2006, and at$35.00 effective January 1, 2007.
FISCAL IMPACT:
This action increases the amount distributed to the Law Library from the civil filing fee. It adjusts the amount distributed to
the Law Library from$29.00 to$32.00 January 1, 2006 and an additional$3.00(from$32.00 to$35.00)on January 1
2007. These actions will have no effect on County finances.
BACKGROUND:
Due to recent legislation, the Law Library is now able to obtain an increase in income without any fiscal impact to local
government. On July 19, 2005 the Uniform Civil Fees and Standard Fee Schedule Act of 2005(UCF Act)was signed into
law and became effective immediately. It establishes a uniform schedule of filing fees and other civil fees for all statewide
county courts. The UCF Act collected various civil court fees and built them into a single fee schedule for all 58 counties.
Under the new law, the County Law Library fund and increases in it do not come out of state funds that may go to
counties. Any increase in the county law library distribution comes from within the uniform statewide fee, not from any
funds that would be allocated to local government. The total filing fee paid by litigants under the UCF Act will not increase
(currently$29.00).
The cost of providing Law Library services has increased substantially over the last several years. This increased income
will allow the Contra Costa County Public Law Library to bring its print and online collection up to the County Public Law
Library Standards established by the American Association of Law Libraries, develop legal"self-help" resources
throughout he County in conjunction with other agencies, update the 15 year-old security gate at he entrance of the Law
Library, address deferred facility maintenance issues, and update public and staff computers. Attached is a packet
including letters of support from the Contra Costa County Public Law Library Board of Trustees and the Presiding Judge of
the Contra Costa Superior Court, a Resolution from the Contra Costa County Public Law Library requesting that the Board
of Supervisors establish these shares of the civil filing fee, a fee schedule listing anticipated revenue, the Law Library's
new Strategic Plan 2005-2008, and the Annual Report of the Board of Law Library Trustees(fiscal year ending Juni 30,
2005).
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
-APPROVE OTHER
SIGNATURE(S):
.0 ------ --------- -_—M--__-____ACTION OF BOARD
ON APPROVE AS RECOMMENDED
OT ER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED Cil vc� ?_5
CONTACT: JOHN SWEETEN,,CLERK OF THE BOAltD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
CC: Superior Court
CAO-Justice System Programs
Law Library
Auditor-Controller
BY DEPUTY
1110
sed Share of
est f or In� fees
Cly Fi]ing
Contra
LibT
a�
Costa
Goun�' P`'bli�Law '
Contents
A Letter to Board of Supervisors
Letter from the Presiding Judge Contra Costa Superior Court
B Resolution from Contra Costa County Board of Trustees
C Fee increase schedule
Comparison of 2004 and 2005 fee increase (proposed and actual)
D Strategic Plan 2005-2008
E Annual report
,s�
October 12, 2005
Contra Costa Board of Supervisors
c/o Clerk of the Board
County Administration Building
1
651 Pine Street
Martinez, CA 94553 1 1
Supervisor John Gioia, District 1
Supervisor Gayle B. Uilkema, District 2 (Chair)
Supervisor Mary N. Piepho, District 3 1
Supervisor Mark DeSaulnier, District 4
Supervisor Federal D. Glover, District 5
.' Re: Contra Costa County Public Law Library Fee Increases
Dear Chair Uilkema and Board of Supervisors:
At the October 6, 2005 meeting, the Board of Trustees of the Contra Costa
County Public Law Library (Law Library) unanimously approved requesting a $3.00 fee
increase, commencing January 1, 2006, again on January 1, 2007, to .the amount
distributed to the Law Library from the civil filing fee to defray its expenses. It would
adjust the amount distributed to the Law Library from $29.00 to $32.00. An additional
$3.00 fee increase was approved commencing January 1, 2007, from $32.00 to $35.00.
0
This action was taken pursuant to California Business & Professions Code section
6322.1. 1
1
Due to recent legislation we are now able to obtain an increase in income wrtha� -.:. _.;:...-.......-��. �--1,---1-�---1`.........i.-----.---.-------:-.-------
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Phone ( 925 ) 646 -2783 Fax ( 646 F
The Board of Trustees has a statutory deadline of December 15, 2005 for
submitting to the state the approved fee increase. Therefore, the Trustees urgently request
that the Board of Supervisors place this item on the agenda in an expedient manner. The
approved fee distribution needs to be completed by the County by December 1, 2005 so
that the Board Order can be filed with the State of California by December 12, 2005
allowing the fee increase to take effect January 1, 2006. A public hearing should not be
required for this fee increase given the terms of the UCF Act.
Various amendments to the law libraries' statutory provisions were agreed upon
between the Administrative Office of the Courts (AOC), California State Association of
Counties, and the Council of California County Law Librarians. These statutory
provisions retain Business and Professions Code Section 6322 which grants the Board of
Supervisors the authority to approve annual increases to the Law Library whenever it
determines an increase is necessary to defray its expenses.
With the enactment of the UCF-Act, the financial arena in which we operate has
completely changed. The UCF Act allows each county law library to obtain increases up
to $3.00 effective January 1, 2006 and again on January 1, 2007. AOC staff anticipates
that all functioning county law libraries will obtain approval for both 2006 and 2007
increases in the distribution rate from their respective boards of supervisors. The UCF
Act is in effect only until January 1, 2008. County law library representatives will then
participate in a new task force to consider what happens with filing fees after that date.
Any increase in the county law library distribution comes from within the
uniform statewide fee,NOT from any funds that would be allocated to local government.
The total filing fee paid by litigants under the UCF Act will not increase (as occurred
under the former provisions of the Business & Professions Code when we received filing
fee increases). When the Board of Supervisors (under this new act) approves an increase
in the distribution of the filing fee to the local county law library, the result is to keep
money within our County for the benefit of Contra Costa residents. It will not impact
any local revenue. If our Law Library does not receive this increase, the money will
go elsewhere in California.
Approximately ninety-five percent (95%) of the Law Library's revenue base is
from a portion of the civil filing fees. A small amount of other revenues for the Law
Library comes from photocopies, library services, and earned interest. The projected
revenue resulting from the fee increases in 2004 and 2005 fell significantly short of
expectations. This may have been the result of poor projections and a decline in civil
filings. No other funding comes from the Bar Association, the County or the state. Our
revenues are declining because we are receiving less income from filing fees. This has
occurred as a result of lower fee-generating filings due to a reduced utilization of the
courts. Increases in the use of alternate dispute resolution is largely responsible.
Additional fees are not collected from public agency filings, criminal filings or from the
self-represented who prove they are indigent.
Filing fee revenue is failing to keep pace with the costs of essential legal material
and the increased demand for services to the public. The Board of Trustees has diligently
canceled subscriptions and limited new material, reducing the collection by
2
approximately 25% (after figuring inflation costs). Little more can be eliminated without
sacrificing the integrity of a useful legal collection. In addition, electronic services have
grown exponentially and emphasize the increasing need to retain qualified, trained staff
to assist the public.
Filing fee revenue is also failing to keep pace with the rising costs of health care
and PERS retirement benefits. The- Law Library is currently operating without a law
librarian. Staff salaries are below statewide norms. Maintenance and security upgrades
have been deferred for over 16 years. Strategic plans of increased automation, increased
service levels and outreach programs will not be achieved without adequate funding.
Conclusion:
• The Contra Costa County Public Law Library would benefit from receiving the
requested fee distribution increase effective January 1, 2006 and January 1, 2007
to help meet its costs and improve services to its patrons.
• The increases would allow the Law Library to bring its print and online collection
up to the County Public Law Library Standards established by the American
Association of Law Libraries (AALL).
• The increases would allow the Law Library to develop legal "self-help"resources
throughout the County in conjunction with other agencies,update the 15 year old
security gate at the entrance of the Law Library, address deferred facility
maintenance issues and update date public and staff computers.
• The additional income would also help the Law Library keep pace with rising
health care and retirement benefit costs.
• Nearly all urban and suburban county law libraries are now preparing requests for
$3.00 filing fee increase effective January 1, 2006; a large number are also
simultaneously asking for a second increase effective January 1, 2007.
We therefore ask for your favorable approval of the Law Library's request as soon as
possible.
Respectfully submitted,
By: q t
JudgUll Fannin, President
Contra Costa County Public Law Library Board of Trustees
cc: Lisa Driscoll, Deputy CAO
3
uptrior (gourf of
Jill C.Fannin
JUDGE,DEPARTMENT 21 COUNTY OF CONTRA COSTA Ac
(925 646-4021 725 COURT STREET �_��
P.O.BOX 911 '~4`���►,t+° ��''t ;�s
MARTINEZ,CA 94553-0091
October 14, 2005
Ms. Lisa Driscoll
Senior Deputy County Administrator
Contra Costa County
651 Pine Street
Martinez., CA 94553
Dear Ms. Driscoll:
As you know,the County Law Library is asking for an increased share of the uniform
filing fee to support the Law Library operations in coming years. The Court fully supports the
Law Library's request to receive an increased share of the filing fee in the amount of$3.00
effective January 1, 2006, and another$3.00 effective January 1, 2007.
Sincerely,
Thomas addock
Presiding Judge
BOARD OF TRUSTEES
CONTRA COSTA COUNTY PUBLIC LAW LIBRARY,
STATE OF CALIFORNIA
RESOLUTION
FIXING A SHARE OF THE FILING FEE FOR CIVIL ACTIONS IN
SUPERIOR COURT FOR THE BENEFIT OF THE
CONTRA COSTA COUNTY PUBLIC LAW LIBARARY
WHEREAS,the Contra Costa County Public Law Library is established to provide access to
legal information to the residents,government officials,and legal community of Contra Costa
County,and
WHEREAS,California Business and Professions Code sections 6322.1 authorizes an increase in
fees to be collected for the Law Library from specific civil actions whenever it is determined that
the increase is necessary to defray the expenses of the Law Library,and
WHEREAS,the number of civil cases filed in Contra Costa County has declined in recent years,
and
WHEREAS,recent legislation permits the Contra Costa County Public Law Library to obtain an
increase in income without any increase to the civil filing fees and without any fiscal impact to
local government,and
WHEREAS, if this increased share of the civil filing fee is not approved,that portion of the
Uniform Civil Fee will default to the Administrative Office of the Courts for reallocation
elsewhere within the State,and
WHEREAS,upkeep and subscription costs to merely maintain the existing Contra Costa County
Public Law Library collection have escalated substantially over the past years. The price of legal
supplementation has increased by 72%over the last 5 years. Legal supplementation comprises
better than 85%of the law library's expenditures. Because of this increase in costs,the law
library has had to make a 25%reduction in its collection. This increase in costs hinders the Law
Library's ability to continue its mission to provide access to legal materials to all County
residents and to maintain a collection commensurate with the needs of the community,and
WHEREAS,the Law Library is undertaking outreach programs with partners,as well as
implementing an increase in its service level,to make legal information more readily available to
county departments, members of the bar,the courts,and the public,and
WHEREAS,the Law Library is committed to establishing and maintaining other branch
locations that will be necessary as the county's population and the need for legal information
expands, and
dr
WHEREAS,the Law Library is currently without a Law Library Director and is unable to give
equitable increases to members of the library staff due to financial constraints,and
WHEREAS,the Law Library facilities have not been refurbished in over 16 years(neither paint
nor carpet). The library security system has not been updated in 15 years and computers for the
staff and the public are in need of updating,and
WHEREAS,the increased income would allow the Contra Costa County Public Law Library to
proceed with its planned automation upgrades,reinstate some relevant cancelled titles, increase
service levels and outreach programs, and budget for a new East County branch,while continuing
to maintain and update the existing collection.
THEREFORE,BE IT RESOLVED,that the Contra Costa County Law Library Board of
Trustees requests that the Board of Supervisors establish the County Public Law Library's share
of the civil filing fee for both unlimited and limited jurisdiction cases in Superior Court at$32.00
effective January 1,2006, and at$35.00 effective January 1,2007.
October 6,2005
JVsident
ill Fannin
Pof the Board of Trustees
Contra Costa County Public Law Library
CONTRA COSTA COUNTY PUBLIC LAW LIBARARY
PROPOSED FEE SCHEDULE
SCHEDULE ATTACHMENT FOR FEE INCREASE
The projected revenue for the proposed filing fee increase has been incorporated into the table below. The
Library's budget is based on a fiscal year, whereas the fee increases are calculated on a calendar year. The Law
Library will only benefit from the fee increase in the second six months of it annual budget for 2005/2006 (which is
the period Jan 06-Jun 06).
In the budget for 2006/2007, the Law Library will have the benefit of a$3.00 increase in the first six mos(Jul 06-
Dec 06)and a$6.00 increase for the second six months (Jan 07-Jun 07)
Fiscal Yr Fiscal Yr
7/11/05 w 7/11/06-
6/30/2006 6/3012007
Total estimated revenue based on $29 fee 701,568 701,568
average monthly revenue for prior year= $ 58,488
estimated#of filings based on revenue/fee=2,016 mo
no additional source of number of filing is available
Fee increase effective 1/1106
Increased fee-6 mos x 2,016 filing = 12,096 filings 36,288
with additional fee of$3.00 each
Fee increase effective 1/11/07
Estimated monthly filings=2,016 x 6 mos x$3 36,288
Estimated monthly filings=2,016 x 6 mos x$6 72,576
Revenue from fax, copies, books sales 17,000 17,000
(based on average from last two prior years)
Revenue from pool earnings
(based on anticipated interest) 8,800 81800
TOTAL ANTICIPATED REVENUE $ 763,656 $ 8369232
Approved by Contra Costa County Public Law Library
Board of Trustees on October 6, 2005
CONTRA COSTA COUNTY PUBLIC LAW LIBARARY
COMPARISION OF 2004 AND 2005 PROPOSED FEE INCREASES
WITH ACTUAL REVENUE
Budgeted Actual Budgeted Actual
2003/2004 2003/2004 2004/2005 2004/2005
Revenue based on estimated filing per month 645,880 637,196 648,894 693,670
Revenue from rate increase 40,500 included 721,500 included
above above
Revenue from fax, copies book sales 35,000 19,811 36,000 17,344
Revenues from pooled earnings 4,500 3,712 5,000 8,811
$ 7251880 $660,719 $ 811,394 $ 719,825
SHORTFALL $ (65,161) $ (91,569)
Strategic Plan 2005-2008
Approved by the Contra Costa County Public Law Library
Board of Trustees on October 6,2005.
Contra Costa County Public Law Library
Strate 9 ic an
200�2008
Approved by the Contra Costa County Public Law Library
Board of Trustees on October 6, 2005
Executive Summary
In the fall of 2002,the Contra Costa County Public Law Library initiated a strong commitment to create a
3-year Strategic Plan that took into consideration the immense social,economic,and technology changes
over the past decade.The overall vision for the law library is a commitment towards the improvement of
end-user public library services.Members of the community and the law library's staff provided input and
feedback to this Strategic Planning Committee throughout the process. In 2005 the Contra Costa County
Board of Trustees reviewed the Strategic Plan. In 2005 the Board of Trustees reviewed the plan. The plan
is still timely and relevant with minor changes. A 3 year plan 2005 through 2008 was approved.
Vision
Our vision of the Contra Costa County Public Law Library is to be a significant county law library that
commits itself to excellence in service. The Contra Costa County Public Law Library strives to provide an
environment that is conducive to learning and research;provides knowledgeable service to our users;
promotes the use of progressive and innovative technologies to provide best access to information and
resources;develops steadfastly a committed staff that applies high professional standards in the continuous
improvement of service quality.
Mission
To provide the public,members of the bar,and the judiciary free access and use of legal reference
resources in order that they may conduct their affairs and preserve their legal rights.
Goals
Provide free access to legal information to all residents throughout the county.
Improve information and resources for parties representing themselves.
Create awareness in the county of the law library services—be community based.
Provide access to legal information at all of the county libraries.
Provide information needed by information seekers electronically.
Implement a system that allows library users to utilize notebooks or library computers for all of
their research needs.
Ensure sufficient technology planning and implementation to guarantee continual effective level
of service.
Access to legal information
Technology
Provide an exemplary level of customer service to all library users.
Improve all aspects of library operations&facilities.
Provide appropriate resource materials for the library users.
Institutionalize the process of community-based strategic planning.
Educate library users and public on library's abilities to support their legal research needs.
Provide continual development of the librarian and staff's skills.
Actively engage public leaders in supporting library programs.
Ensure adequate funding to guarantee continual effective level of service.
Provide equitable compensation and status relative to the staff s skills,knowledge,and
contribution.
Seek collaborative programs with other agencies to provide funding for special programs and the
expansion of library services.
Goals & Strategies
Provide legal information access to all residents throughout the county,
Strategy:Provide multiple language resources(print,media,and electronic)that meet
the needs of the public and lawyers.
Strategy: Increase the hours of availability of the library resources.
Strategy:Align library service levels to the growth of the county and incorporate the east
and west county projections. Seek a library presence in East County,as part of the new
courthouse construction.
Improve information and resources for parties representing themselves.
Strategy:Collaborate with the Court Administration and the Bar Association to provide
resource
materials and programs to assist the public that are representing themselves.
Strategy: Create a self-help area within the library that provides resources for the public.
Collaborate with other public libraries to provide access to self-help materials within their
community.
Strategy: Conduct legal research classes to assist users of the library in the use of our
resources and those found on the Internet.
Quality of Service to the Community
Access to legal information
Create awareness in the county of the law library services—be community based.
Strategy:Associate with various community organizations and professional associations
in order to provide an awareness of the public law library.Listen to the needs of the
community groups
and be responsive.
Provide information needed by information seekers electronically.
Strategy: Increase the library's level of content and services on the Internet.Provide
access to
information through electronic programs;provide online searching results
through browsers/email;provide access to library catalog online.
ik
Implement a system that allows library users to utilize notebooks or library
computers to supplement their research needs.
Strategy: Set up the ability to access computerized applications and Internet databases
throughout the library.Provide adequate printing resources. Utilize wireless technology.
Ensure sufficient technology planning and implementation to guarantee continual
effective level of service,,
Strategy:Adhere to the library's Technology Plan.
Provide an exemplary level of customer service to all library users.
Strategy: Develop benchmarks of exemplary service levels and manage those
benchmarks into the everyday process.
Improve requisite aspects of library operations& facilities.
Strategy: Provide a study of all the current and planned library operations and examine
their process and operational value.
Strategy: Provide a similar study of the facilities to ensure that they are sufficient for
future operations.
Provide appropriate resource materials for the library users.
Strategy: Create a collection development plan and management program to meet the
needs of the users and future library operational plans.
Institutionalize the process of community-based strategic planning.
Strategy: Create a process within the management of the library that has the strategic
plan as the focal point.
Technology
Service to the community
Strategy: Work with members of the community to ensure the library is community-
based and focused on their needs.
Educate library users and public on library's abilities to support their legal research
needs.
Strategy:Create a library promotional plan that provides a section on educational
programs that the library can sponsor and/or collaborate with other organizations.
or
Provide continual development of the librarian and staff's skills.
Strategy:Create a skill development program for the various responsibilities of the staff
members and provide an adequate budget for this program.
Actively engage public leaders in supporting library programs.
Strategy:Create a library promotional plan that provides a section on public relations
programs with public leaders.
Ensure adequate funding to guarantee continual effective level of service.
Strategy: Prepare a 3-year strategic budget that correlates with future operational plans.
Provide equitable compensation and status relative to the staff's skills,knowledge,
and contribution.
Strategy:Review the salaries and job descriptions of the staff annually with the Board of
Trustees Personnel Committee and make recommendations.Provide adequate funding in
the budget for personnel programs.
Seek collaborative programs with other agencies to provide funding for special
programs and the expansion of library services.
Strategy: Based on the operations plan for the library,seek out other organizations that
the library can collaborate with to ensure funding for these programs.Also,examine the
possibility of setting up anon-profit Library Foundation and review grant opportunities
Approved by the Board of Trustees of the Contra Costa County Public Law Library on October 6,2005.
Annual Report of the Board of Law Library Trustees
County of Contra Costa, State of California
Fiscal Year Ending June 30, 2005
TO THE HONORABLE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Pursuant to §6349 and §6350 of the California Business and Professional Code and GASB 34,
the Board of Trustees of the Contra Costa County Public Law Library ("CCCPLL") respectfully
submits to your Honorable Board its annual report on the condition of its trust for the fiscal year
ending June 30, 2005.
Introduction
The CCCPLL was organized under statutory provisions of the California State Legislature. The
library is located in the A.F. Bray Superior Court House and is open Monday through Friday,
8:00 a.m. to 5:00 p.m. Use of the library's collection is free to all who enter the library. The staff
of the library works to provide appropriate resources to meet the legal research and information
needs of all library patrons. The goal is to provide current legal materials in a timely manner so
everyone may have equal access to justice.
The CCCPLL is governed by a Board of Trustees that is responsible for establishing library
policy and fiscal budgets. The monthly board meeting is open to the general public. The library
receives its funding by collecting a portion of the civil filing fee. Currently, each civil filing may
generate for the library a fee of$29.00, $14.50 or$7.25, depending on the number of parties in
a case. Fees, however, can be waived if a litigant meets the appropriate criteria. A small
amount of additional revenue is received from copies, faxes, and pooled earnings.
The Governor approved the creation of a Task Force to examine the state of county law libraries
and to make recommendations regarding funding and facilities (AB1 095 2004). The Task Force
Report was presented to the Legislature in May 2005. (Attachment A)
Board of Trustees
The Board of Law Library Trustees was composed of the following members on June 30, 2005:
Honorable Jill Fannin (President Judge, Superior Court
Honorable Barry P. Goode (Vice President) Judge, Superior Court
Honorable Harlan Grossman (Secretary) Judge, Superior Court
Honorable Joyce Cram Judge, Superior Court
Honorable Leslie Landau Judge, Superior Court
David Del Simone Attorney
Mark Armstrong Attorney
The Honorable Steve Austin resigned late December 2004 and was replaced by the Honorable
Leslie Landau on January 1, 2005. The Chair of the Board of Supervisors, Federal Glover,
reappointed Mark Armstrong, Esq., as the ex-officio trustee for the Chair of the Board of
Supervisors. David Del Simone was reappointed by the County's Internal Operations Committee
by way of a recommendation from the CCCPLL Board of Trustee's Selection Committee.
-1-
The Contra Costa County Bar Association was represented by Scott Reep, Esq., and Patrick
Meehan, Esq.
The Law Library Director, Alice McKenzie, served as Recording Secretary of the Board of
Trustees until her retirement in 2004. Naomi Little has served as Recording Secretary since
then.
Staff
Alice McKenzie retired as Law Librarian on October 2, 2004, after only two and one-half years
with the CCCPLL. No replacement has yet been hired. Naomi Little was asked to take on
additional duties until a decision could be made regarding hiring a librarian. The Board has
engaged an HR consultant to evaluate this issue.
E-
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The library staff is vital to the success of the law library and cannot be replaced by the Internet
or bookstores as they are specially trained in legal reference research. The staff also
undergoes constant training as technology and laws continuously change.
As an ongoing effort to better serve citizens, the law library staff interacts with court staff and
other community agencies to offer the patrons additional community resources beyond the basic
print collection.
Community Resource
Adequate and timely legal information is an essential tool for legal research in a convenient and
useful format. Because legal information of many sorts is needed, the library must try and
provide a well-rounded collection.
Members of the local legal community depend on the CCCPLL for legal publications ranging
from statutes, case law, learned treatises, practice manuals, and drafting aids. Many expect
their county law library will provide them with materials beyond what they themselves can afford.
They expect these materials will be conveniently accessible so they may utilize them without
undue expense to their offices or their clients. Visiting attorneys expect that the public law
library will be able to furnish them with materials that aide in their research while their office or
local library is inaccessible.
Citizens of Contra Costa County expect their county law library will provide them with general
information on the statutory, administrative and case law which impacts their daily lives. The
exploding numbers of citizens who wish to represent themselves expect guidance in finding
useful information that will help them navigate their way through the court system as they
attempt to bring their cases before the court.
-2-
AskNow Online Access
AskNow provides "real time" online access to a law librarian via the Internet. The
library volunteered 4 hours a week of its reference time to this national effort to
provide a legal virtual reference. This service has been a major success with
over 20,000 questions asked since it was launched in 2002. The service is
accessible through a number of major legal sites, i.e., State Court's self-help web
site, www.courtinfo.ca.gov, and www.LawHelpCalifornia.orq.
Condition of Trust
As with other California county law libraries, revenue flat-lining is a big concern. During the past
few years, the CCCPLL had experienced a drop in its revenue. Last year was the first year
which resulted in a small surplus. This surplus resulted from the $3.00 fee increase approved
by the Board of Supervisors effective January 1, 2005.
However, the Trustees are concerned that a future decline in number of civil filings may
dramatically impact future revenues. All county law libraries in the state are experiencing similar
problems.
The Trustees are bracing for increases in book costs, staffing costs, and overall operating costs.
Any significant fluctuation in the PERS actuarial rates may create an unexpected drain on the
Trust Fund. The CCCPLL has managed to build up a small reserve due to strong cost cutting
measures and the fact that afull-time law librarian has not been hired since 1999.
If the CCCPLL plans on expanding to other areas of Contra Costa County, fee increases and
additional revenue will have to be obtained. The CCCPLL hopes to increase awareness in the
general public of the main branch in Martinez, the Richmond branch, and additional community
resources. Finally, the CCCPLL needs to address the issue of how it continues to operate
within its constraints and remain relevant to the legal community and the public. The library is
addressing some of these issues through its Strategic Plan's goals and action plan. [See
attached].
Revenue
In addition to filing fees, the library trust is augmented with interest earnings and
miscellaneous revenue received through its photocopy service, fax
receipts/transmissions, document delivery, and the selling of used books. This
additional income amounts to approximately$25,000 per year.
During the 2004/2005 fiscal year, the CCCPLL received total funds of$728,328 and
spent $587,110. The continued conservative fiscal policy allowed the library to end the
year on a positive note. The library closely monitored and slashed budget items by over
$117,000.
But these measures have weakened the effectiveness of the library within the County.
The law librarian was not replaced. There are continued conservative limits on staff
merit raises, COLA increases, and benefit expenditures. No new library staff additions
or law library locations have been added. Nearly all maintenance and updating of
computer equipment has been deferred.
The Board of Trustees continues to exercise fiscal responsibility by maintaining a six-
month reserve for the library's operations.
-3-
Expenses
Consistent with other years, the main expenses of the library have been the
maintenance of the collection and personnel costs. Most of the operational expenditures
have been for the resources used to support the collection, e.g., theft protection,
signage, terminals, etc.
The library continues to experience increases in health insurance, property insurance,
liability insurance, and retirement plan expenses.
Subscription costs continue to increase despite the fact the collections are merely being
maintained. These costs have escalated substantially due to publisher mergers and the
specialization of the material.
A breakdown of the CCCPLL's expenditures is presented below:
Law Library Expenses: 2004-2005
Equipment Insurance
4% % 0 Personnel
Personnel
39% 0 Opu dtions
11 Collection
CollectionoOperations Equipment
4% 0 Insurance
52%
Property Added this Fiscal Year
Martinez
Quantity Pr2perty
N/A No new additions
RichmondQPr2pe
N/A No new additions
Collection
Books (This is an approximate number and includes all reporters as well as treatises)
58,170 volumes in collection as of 6/30/05
358 volumes withdrawn
749 volumes added
New Books (New titles, also includes new editions of former titles)
42 volumes (part of the 749 volumes shown above)
Public Access Terminals (Internet Access)
Four(4) terminals available for the public for research —Martinez
One (1) additional terminal provides access to the public library catalog - Martinez
One (1) terminal available for the public- Richmond
Online (Internet) Services
Lexis
Shepards
Westlaw
Fastcase
HeinOnline
LLMC
Court Forms (used with Adobe Acrobat or Word Processing software)
Treatises (some of these titles had formerly been available in CD-ROM format)
Hard copies for a large number of treatises, that are available online, were cancelled
during the year so the library's dependency on online resources is continuing to
increase.
Microfiche (No new fiche has been added the past four years. The Law Library now
subscribes to LLCM which is in the process of converting their fiche into an online digital
format.)
125,012 fiche cards in the collection
CD-ROM (most titles accompany books and contain forms) - 178 titles
The titles in the library's collection increased slightly this year and the library has been
able to keep it current through its online subscriptions. The library does not circulate the
books in the collection and there have only been a few instances of damage or theft of
law books.
Over recent years, the CCCPLL has carefully examined the collection and a number of
esoteric titles have been eliminated. There has been a diligent effort to build up the
California law collection and ensure its currency. The primary goal of the library is to
maintain the titles most commonly used by the patrons. When available, Internet
sources supplement the in-print resources in the library. This online solution will
continue to be an issue with some patrons due to the computer information gap primarily
caused by age, income, and educational level. The library staff continually requires
training so that they can assist the public with Internet sources and other applications.
Four years ago the Judicial Council reported in their annual report that 4.3 million
litigants in the State of California were pro per(self-represented). The library has been
working with the Contra Costa County Courts and the Contra Costa County Bar
Association to support their efforts in educating and supporting the public who have
chosen to represent themselves. Pro per materials have been added to the library's
collection, as well as the addition of personal informational training sessions on how to
use the Internet to locate some of the online sources, e.g., forms, self-help centers, etc.
In addition, Bay Area Legal Aid uses the CCCPLL conference room once a week for the
domestic violence program. This is a public service provided by the library.
Current Year Developments
Staffing
Alice McKenzie retired as Law Librarian on October 2, 2004. No replacement has yet
been hired.
Upgraded Technology
Upgraded technology was deferred for the fiscal year ending June 30, 2005.
Online Library Catalog &Web Presence
Patrons can continue to review the collection online in both of the library's locations.
The online catalog also allows linkage to web sites, table of contents, and e-books.
The library's web page is updated regularly and provides its users with a convenient list
of selective Websites, access to AskNow (virtual legal assistance on the Internet), a list
of the library's new books, its monthly agenda, and its minutes. The CCCPLL is seeing
a steady increase of users.
Richmond Library
The Richmond Library is finding a solid user base this year. A Public Access terminal
with access to the Internet and legal databases is now available and is heavily used.
Electronic resource use
There is an increasing demand in the library for additional terminals for public use.
The library had to restrict online access time on the public terminals to half an hour.
The library continues to offer wireless access to the Internet with print capabilities.
Future Plans
Staffing
The Board of Trustees is consulting with a Human Resource firm to address staffing
issues.
Upgraded Technology
Upgraded technology was deferred for the fiscal year ending June 30, 2005. The Board
of Trustees has approved both an upgrade and increase in the number of public access
computers. Staff computers and the main printer will also be upgraded. These
upgrades will be reflected in the fiscal year ending June 30, 2006. It is expected that
these upgrades will cost approximately $22,000. The Board of Trustees is also
considering a new copier for the staff as the one currently in use was purchased as a
"reconditioned" model over ten years ago. Leases for the two public copiers will expire
in the coming months and will need to be renewed.
Security
The Board of Trustees is anxious to replace the outdated library security system which
has been in use at the library for over 16 years. Due to the age of the system, the
CCCPLL has been notified by its vendor that replacement parts and service are no
longer available. It is expected that this system will cost approximately $15,000.
Capital Improvements
The Board of Trustees is currently awaiting estimates to replace the carpet and repaint
the main body of the library. The library has not performed any capital improvements
since it moved into the AF Bray Courts Building some fifteen years ago. It is expected
that these capital improvements will cost approximately $40,000.
Workshops
The Board of Trustees hopes to offer workshops on popular legal procedures
as well as informational workshops on legal issues. The Board of Trustees is
hoping to collaborate with other county agencies and local non-profit agencies
in offering relevant legal workshops to the general public. In order to
accomplish this goal, the Board of Trustees would again find it necessary to
seek an increase in its share of the civil filing fee.
Possible Branch Library in East County
The Board of Trustees is hopeful that the new East County court house will
accommodate a branch library or self-help center. Due to the growth in East
County, this library would provide citizens with current legal materials in a
timely manner, so everyone may have equal access to justice. Concurrent
with the anticipated increase in the library's share of the civil filing fee, the
Trustees intend to start accumulating reserves to assist with this possible
expansion.
Conclusion
During the 2005/06 fiscal year, the CCCPLL will continue to monitor revenue trends and limit
expenditures. The Board has established a Strategic Planning Committee that will continue to
conduct a needs assessment and ensure that the library meets the needs of the community.
Strong efforts have already been put into place to increase the library's service level and to
market these services. The vision of the CCCPLL is to be Ila significant county law library that
commits itself to excellence in service." In keeping with that vision:
The Contra Costa County Public Law Library strives fo provide an
environment that is conducive fo learning and research;provides
knowledgeable service to our users;promotes the use of progressive and
innovative technologies to provide best access to information and resources;
develops steadfastly a committed staff that applies high professional
standards in the continuous improvement of service quality.
Annual Report of the Board of Law Library Trustees
County of Contra Costa, State of California
Fiscal Year Ending June 30, 2005
TO THE HONORABLE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
The undersigned, Recording Secretary of the Board of Law Library Trustees, County of Contra
Costa, State of California, respectfully submits this report of the finances of the said trust and
other information as might be of interest, for the fiscal year ending June 30, 2004, based upon
information provided herby the Auditor-Controller of said County and Arlene K. Mose, CPA
hired by the Board of Trustees of the Law Library, all information she believes to be true.
Signed c
Naomi Little
aw I
ibrary Recording Secretary
Board of Trustees for the Contra
Costa County Public Law Library
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
Naomi Little, being first duly sworn, deposes and says: That she is Recording Secretary of the
Board of the Public Law Library Trustees, County of Contra Costa, State of California, that she
has read the attached report and knows the contents thereof,, and that she believes it to be true.
Subscribed and sworn to before me this ��day of 2005.
Signed, �� .
Title
Annual Report of the Board of Law Library Trustees
County of Contra Costa, State of California
,4
Fiscal Year Ending June 30, 2005
TO KENNETH J. CORCORAN, AUDITOR-CONTROLLER
COUNTY OF CONTRA COSTA, STATE OFCALIFORNIA
Pursuant to§6349 and§6350 of the California Business and Professional Code, the Board of
the Public Law Library Trustees respectfully submits to the auditor of the county its annual
report of the condition of its trust, with full statements of all property and money received, the
number of books, periodicals and other publications on hand, the number added by purchase,
gift, or otherwise, and other information as might be of interest for the fiscal year ending June
30, 2005
Respectfully submitted this day of (mP+-✓ 20050
GLrGx
4W
Naomi Little
Law Library Recording Secretary for the
Board of Trustees of the
Contra Costa County Public Law Library
Annual Report of the Board of Law Library Trustees
County of Contra Costa, State of California
Fiscal Year Ending June 30, 2005
TO THE HONORABLE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Pursuant to §6349 and §6350 of the California Business and Professional Code, the
Board of Law Library Trustees respectfully submits to the Honorable Board its annual
report of the condition of its trust, with full statements of all property and money received,
the number of books, periodicals and other publications on hand, the number added by
purchase, gift, or otherwise, and other information as might be of interest for the fiscal
year ending June 30, 2005.
Respectfully submitted this day of c J���. , 2005.
Judge Jill Fannin, President
Public Law Library Board of Trustees
County of Contra Costa, State of California
-11-
County Law
Library Task
Force Report
MAY 2005
s
COUNTY LAW LIBRARY TASK FORCE REPORT
CONTENTS
I. EXECUTIVE SUMMARY
11. COUNTY LAW LIBRARY STATUTORY SCHEME
County Law Library Patrons
Funding
Board of Law Library Trustees
o Membership
o Responsibilities
Ilia CHANGING NATURE OF COUNTY LAW LIBRARIES
■ Origin and Development of County Law Libraries
■ Evolution of County Law Library Materials, Technology and Staffing
Changing Patterns of County Law Library Use
County Law Libraries at Their Century Mark
IV. FUNDING MECHANISM OF COUNTY LAW LIBRARIES
0 Civil Filing Fees
0 County General Fund Support
0 County Facilities and Services
Grants
0 Miscellaneous Income
0 Future Funding of County Law Libraries
V. RECOMMENDATIONS FOR COUNTY LAW LIBRARIES
0 Small Claims Court Fees
Joint-Purchasing
0 Multijurisdictional Program Options
0 Creative Partnerships with Self-Help Centers
Via LOOKING TO THE FUTURE
VII. APPENDIX
0 Task Force Membership
0 Funding Alternatives
0 County-by-County Law Library Fees
County Law Library Task Force Questionnaire
■ Uniform Civil Fee Proposal Fact Sheet
2
Executive Summary
On September 16, 2003, Governor Gray Davis signed Assembly Bill 1095, marking the
first successful legislative effort to study and address the fiscal and structural health of
California's county law libraries. During the last 50 years,the majority of legislation
pertaining to county law libraries was limited to securing authorization to increase the
law library filing fee, an approach that would potentially provide short-term relief but
ultimately not remedy the continuing financial woes of county law libraries statewide.
AB 1095, authored by Assembly Member Ellen Corbett, increased the scope of
examining law libraries to focus on their condition on both an individual and a statewide
level. The bill recognized that the ability of county law libraries to be fiscally healthy and
provide current, essential publications and services is linked to the"quality of justice
dispensed to citizens of California."'To address these issues,the bill charged the Judicial
Council with creating the County Law Library Task Force. The bill indicated that the task
force membership would consist of nine representatives appointed by three entities: the
judicial branch,the California State Association of Counties (CSAC), and the Council of
California County Law Librarians (CCCLL).2
These appointed members of the County Law Library Task Force were charged with
accomplishing the following duties: (1)review the state of existing county law libraries,
(2)examine existing standards for county law library operations, (3)document the
funding mechanisms currently available for the maintenance and operation of county law
library facilities, and(4)recommend funding sources and financing mechanisms for
support of county law library operations and facility maintenance.3 The chair of the
County Law Library Task Force divided the membership into three subcommittees that
were then each assigned one of the first three numbered tasks above.4
The subcommittees convened and the task force began to discuss their findings in terms
of recommendations for law libraries. The task force was consensus-driven and it
proposed a new small claims fee and three savings options, including joint-purchasing
arrangements,multijurisdictional program options, and creative partnerships with self-
help centers. This final report will elaborate on these recommendations and also cover the
history and evolution of county law libraries,key challenges and concerns of county law
librarians and library patrons, an analysis of county law library funding mechanisms, and
further study needed for county law libraries in the future. Assessing this range of
information assisted the task force in focusing on the"bigger picture," specifically in
envisioning the form that county law libraries could adopt to best serve Californians in
years to come. The state faces a significant challenge in funding county law libraries in
58 counties of varying size, location and resources. Therefore, an equally multifaceted
approach and solution is necessary.
3
The task force offers this report as a catalyst for future examinations of California's
county law libraries. As will be discussed,county law libraries are increasingly used by
self-represented litigants and other nonattorneys and play an important role in providing
Californians with resources for their legal affairs and in ensuring their access to justice.
County Law Library Statutory Scheme
The statutory structure of county law libraries is located in Business and Professions
Code sections 6300 to 6364. The original statute was crafted in 1891. The statutes outline
the main funding mechanism of county law libraries, facility and staff support, and access
for law library patrons. Also,they delineate the manner in which the county board of
supervisors interacts with the law library trustees. Lastly, they cover the creation,
membership and responsibilities of a board of law library trustees.
County Law Library Patrons
The statute provides that"a law library established under this chapter shall be free to the
judiciary,to state and county officials,to members of the State Bar, and to all residents of
the county, for the examination of books and other publications at the library or its
branches."5 However,the board may levy fines and charges for violation of the rules of
the county law library or to cover special services such as photocopying or a messenger
service. With the exception of county officials and members of the judiciary,the board
may require law library users to pay"such security, as it may provide to insure the
0 t"
safekeeping and prompt return"6 of county law library materials. The code specifies that
"the board of law library trustees may require persons other than members of the
judiciary, county officials, and members of the bar resident in the county,to pay such
dues as the board may fix for the privilege of removing books and other publications
from the library."7 In addition, "with the approval of the board of supervisors, the board
of law library trustees may charge individual members of the bar resident in the county
fees for the removal of books and other publications from the library"8 and"these fees
shall not exceed the cost of providing the service,"9
Funding
The principal source of funding for county law libraries is a dedicated portion of the civil
filing fees. Business and Professions Code section 6321 provides that county law libraries
will receive "on the commencement in, or the removal to,the superior court of any
county in this state, of any civil action proceeding, or appeal . 0 . the party instituting such
proceeding, or filing the first papers,the sum of one dollar($1)as costs, in addition to the
fees fixed by law."As of January 1, 1995,the board of supervisors may increase those
costs by no greater than$3 increments in any year.
In addition to this allotted portion of the civil filing fee,the county law library receives
financial support in the form of quarters and some basic services from the county. Under
Business and Professions Code section 6361, "The board of supervisors of the county in
4
which the law library is established shall provide sufficient quarters for the use of the
library upon request of the board of law library trustees."The board of supervisors need
not provide quarters if the law library trustees determine that it has sufficient and surplus
funds. Provisions for the quarters may include"suitable furniture, window shades, floor
coverings, lighting,heat, and telephone and janitor service,"10
The treasurer of the county holds all money collected for the county law library in a trust
fund or trust account. In addition,the board of supervisors may set apart a maximum of
$1,200 in any one fiscal year to go into the trust fund. The money is disbursed by the
board of law library trustees. Each board must submit an annual report for the preceding
fiscal year to the board of supervisors by August 15 of each year. This report includes the
condition of the trust fund, as well as full statements of all property,periodicals,
publications and money received.
Board of Law Library Trustees
In each county, a board of law library trustees governs the county law library. The
following sections outline the membership and responsibilities of the law library trustees.
Membership. The membership of the law library trustee board is dependent on the
number of superior court judges in each county. If no more than three judges are on the
bench in a county,then each of those three judges is ex officio a trustee. In counties with
more than three superior court judges, all judges elect four or five from their group to
serve as law library trustees. Regardless of the manner in which judges become law
library trustees, any judge, whether ex officio or elected,may designate a member of the
State Bar or a citizen of the county to act for the judge as trustee.
The chair of the board of supervisors is also ex officio a law library trustee. Similarly, at
the request of the chair,the board may appoint another member of the board of
supervisors, a member of the State Bar,or a citizen of the county as a replacement. The
board of supervisors appoints as many additional trustees as is necessary to create a board
of either six or seven members. There is a maximum of two residents of the county who
can serve as law library trustees who are not also a judge,member of the State Bar or
member of the board of supervisors.
Law library trustees appointed by the board of supervisors serve one-year terms. These
appointees serve until the first meeting of the board of supervisors in the succeeding
January. In addition,there are county-specific exceptions to law library trustee tern
limits in San Diego and Los Angeles Counties. In all counties,the office of law library
trustee is an honorary position without salary or other compensation.
Responsibilities. Each board of law library trustees establishes and maintains a county
law library and may lease or construct quarters. The board may also establish and
maintain branches of the county law library. If the board elects to erect a library building
5
for the county law library, "it may borrow money for that purpose and repay the loan
from its future income."" For the county law library or its branches,the board may
purchase books,publications and other personal property. Each board also controls the
appointment, salary and removal of any employee.
The Changing Nature of County Law Libraries
Many of the challenges facingtoday's county law libraries can be found in their ori%zin
4AW
and history. The struggle to increase filing fees for county law libraries persists today.
However, extra demands from new patrons requesting different services also puts
pressure on county law libraries of a statutorily older era.
To approach solving the complex predicament of today's county law libraries, it is
valuable to understand their changing nature, services and patrons over the last century.
Origin and Development of Law County Libraries
The origin of county law libraries can be credited to William B. Olds of San Francisco.
Olds was an attorney who attempted to found a law library in 1853. The library was
essentially a law book collection purchased for$20,000 that was housed in City Hall.
While it would be open for general use, Olds hoped that the San Francisco Bar
Association members would voluntarily offer financial support for his investment. When
he was unable to garner enough support,he offered it to the State of California. In 1856,
three years after Olds' attempt to establish a law library began,the collection was
purchased and delivered to the California State Library.
Almost 10 years later, in 1865, San Francisco bar leadership established the San
Francisco County Law Library Association to provide a law library for bar members. In a
few years,the library accumulated many volumes,but ultimately found that private funds
and membership dues would be insufficient to maintain and update the collection, let
alone hire a librarian. This need for financial backing, combined with a growing group of
patrons,, led to a petition to the Legislature to create a public law library.
In March 1870,the Legislature enacted the San Francisco Law Library Act,which
mandated that a fixed share of civil filing fees be allocated to fund a county law library.12
In addition,the act required the City and County of San Francisco to provide facilities,
resources and services with monies from the General Fund. Lastly, it mandated that
members of the California bar as well as citizens of San Francisco would have full access
to the county law libraries for a monthly fee. With this act, California became the first
western state to fund a public county law library with a portion of civil filing fees.13
Four years later the San Jose Law Library was established by a statute similar to the
legislation that created the San Francisco Law Library. Meanwhile, Los Angeles
6
attorneys were experiencing the same difficulties that San Francisco faced before the San
Francisco Law Library Act passed. In the 1880s, Los Angeles Assemblyman John R.
Mathews decided to introduce a bill that would go beyond legislation affecting only one
regional jurisdiction. He proposed a statewide plan that would allow,but not require,the
creation of law libraries in every county. They would follow the same financial funding
scheme and draw from civil filing fees. The bill became law in March 1891, a little more
than 20 years after the San Francisco county law library was established.14
Although the creation of a public county law library was at the discretion of the county,
within one year of the passage of the bill 25 public county law libraries had been
established in California. In 1907,the Legislature codified county law library statutes,
adding only the ability of the county's board of supervisors to discontinue a county law
library and its services.15 While the statutes were first put in the Political Code,they were
recodified into the Business and Professions Code in 1941.
In the 40-year period from 1907 to 1947, amendments were made to permit the creation
of county law library branches and alter the manner in which board members were
appointed. Amendments relating to income included allowing the collection of fees in
municipal courts,permitting additional income from the board of supervisors, and
allowing the purchase of property for the county law library with trust fund monies.
However, it was only in June 1947 that the maximum law library portion of the civil
filing fee allotted to county law libraries increased from $1 to $2. Within 15 years, fees
increased by$1 increments twice, and by 1968 the fees were increased to a$5 maximum.
In 1972,the statutes dictating law library fee increases became more complex,with
counties with a population of more than 4 million people restricted to a$5 fee,while the
remaining counties were allowed a maximum fee of$7. Los Angeles County, with a
population of more than 4 million, continues to be restricted to a lower fee amount.16 In
1980, the filing fee maximum was set at$12. Ten years later, legislation to raise the
maximum fee to $20 was successful. In addition,provisions were established to allow for
increases to the $20 maximum fee in$3increments,beginning in 1995. Today, county
law library fees vary from county to county.17
Evolution of County Law Library Materials, Technology and Staffing
County law libraries have changed dramatically over the past 30 years, and the needs of
county law libraries and their patrons have changed as well. During this time,the larger
county law libraries have evolved from the traditional world of card catalogs and books
to facilities that offer their users a range of technologies and media. This began in the
early 1970s with Westlaw and, later, expanded with LexisNexis, automated catalogs and
circulation systems. These technological advances have allowed for the addition of many
materials in nonbook formats such as microfilm and microfiche, sound and audio/video
recordings, CD-ROMs, and a proliferation of online resources.
7
Many smaller county law libraries have experienced even greater change.1 8 Thirty years
ago,these libraries might have been maintained by a judge's secretary or other court staff
member. Currently, full-time librarians operate many of these growing libraries, and
many rely heavily on computers. In some cases,these libraries have struggled to keep
pace with the fast growth of their communities,which were once rural or nonurban.
Today, county law librarians have very different backgrounds and qualifications than
their predecessors. Some law librarians have both a law and a graduate library degree.
Others have legal practice experience. Many law librarians participate in outreach
programs such as the online reference service"Asknow,"as well as help expand public
access to legal information through library Web pages. As a profession, law librarians
play a vital role in the extended legal community of lawyers,paralegals, legal document
assistants,unlawful detainer assistants, students, self-represented litigants, and the ever-
growing number of nonattorneys researching legal matters that pertain to their own
personal and business lives. In all, county law libraries and their patrons reflect many of
the social changes that have affected the entire nation over the past 30 years.
Changing Patterns of County Law Library Use
The services and users have changed significantly in the lifetime of county law libraries.
Originally, law libraries served the judiciary, legal community, and members of the bar.
Now there is a growing contingent of law library users who are self-represented litigants
and nonattorneys. In the Los Angeles County Law Library,45 percent of the patrons are
self-represented litigants or nonattorneys.1 9 In both the Alameda and San Francisco
County law libraries, at least half of the users are nonattorneys.20
It is important to note that not all of these nonattorney users are self-represented litigants.
While many of them are using the library to prepare for court appearances, a significant
number of patrons are utilizing the county law library for other purposes. Californians
from all backgrounds use their county law library to assist them with a variety of
purposes, such as researching federal law, drafting their own contracts and wills,
organizing businesses,managing rental property and even completing academic
assignments.21 In addition,many library patrons,both attorneys and nonattorneys,use the
county law libraries to prepare for criminal trials and appeals.
With an increase in nonattorney users, county law libraries are being relied on to perform
a multitude of different services. When those using county law libraries were
predominately attorneys, the role of law librarians involved maintenance of the library
and general assistance to its users. Now, county law librarians are often asked to be a
resource for legal matters by self-represented litigants and nonattorneys. In many
counties, county law libraries and their librarians often become the last and only option to
obtain legal information for litigants who plan to represent themselves in court as well as
for other nonattorneys who need to research various legal issues.
8
As evident in the history of California law libraries,private donations in years gone by
were barely sufficient to operate law libraries for a population of bar members. Today,
the challenges facing county law libraries are exacerbated by other factors such as the
declining revenue source, inflation, and the rising costs of legal publications,
subscriptions, and online databases. The effect of inflation only started to be addressed
legislatively in 1983,when law libraries realized the limited buying power of the
maximum law library portion of the civil filing fee.22 The rising costs of legal
publications and subscriptions prevent many law libraries,which are already working
with a declining income, from updating and adding to their collections. Online legal
databases can be expensive and require state-of-the-art computer terminals and Internet
access, among other resources.
County Law Libraries at Their Century Mark
In 1991, California public county law libraries celebrated their centennial. In looking
back at the life span of county law libraries, one observation is especially evident: The
county law libraries existent at that century mark were very different institutions than
county law libraries at their inception or, indeed, even from county law libraries today. In
a 2001 study,Anne Marie Gold found that more than 9 out of 10 county law libraries get
at least 70 percent of their income from civil filing fees, and over half of all law libraries
receive at least 95 percent of their income from these fees.23 The Gold study also finds
that while almost all county law libraries augmented their filing fee at least once in the
last five years, 60 percent of county law libraries have had their overall filing fee income
decrease in the same time period.24 Legislation regarding county law libraries over the
last 50 years has predominately focused on ways to increase income through civil filing
fees. Yet, 7 out of 10 of those libraries experienced a 10 percent decrease in their revenue
from filing fees,while an additional 2 out of lO libraries hada 25 percent decrease in
their filing fee income.25
In the last century, county law libraries have seen major changes in their users,their
facilities and the price and formats of legal publications. The evolution of the libraries
also has been influenced by the increase of self-represented litigants and other
nonattorneys, as well as by the increased use of alternative dispute resolution services.
The result of these factors is rising costs and declining revenues in an institution whose
resources are increasingly in demand and whose funding mechanism is inadequate.
The Funding Mechanism of County Law Libraries
As previously mentioned,the statutes governing the funding of county law libraries
allocate a portion of the county's civil filing fee to the county's law library trust fund. In
2004,the average law library portion of the civil filing fee statewide was $23.20.26 Since
the law library portion of the fee was established at$1 in 1891,there have been numerous
requests for legislation to increase the law library portion of the civil filing fee.
9
Beginning in 1995,the statutes allowed county law libraries to request each year and add,
at the approval of the board of supervisors, a maximum of$3 to their portion of the civil
filing fee. The libraries are financed primarily through this funding mechanism, so it may
not be surprising that 90 percent of county law libraries receive 70 percent of their
income from the filing fee portion.27 While not all civil filings are declining,those filings
whose fees include the portion dedicated to the law libraries continue to produce less
revenue for county law libraries.28
The County Law Library Task Force identified five current sources of funding for county
law libraries: (1) filing fees, (2)county general fund support, (3)county facilities and
services, (4) grants and(5)miscellaneous income.
Civil Filing Fees
Task force members recognized that, in general, filing fees are not adequate to meet the
needs of most county law libraries. They noted that while filing fees account for most of
the total county law library revenues,the cost of quarters and related services (utilities,
janitorial, security),which many counties provide, significantly widens the gap between
filing fee income and total library expense of many county law libraries. Currently,
county law library filing fees range from$4 to $44.29 Task force members note that the
broad range of filing fees is being discussed in the context of the UniformCivil Fee
(UCF)proposa1.30 Presently,there is not sufficient information explaining the decline of
civil filing fees.
County General Fund Support
On a statewide level, county general fund support for law libraries continues to vary from
county to county and from year to year. In the 2001-2002 fiscal year,the boards of
supervisors of nine surveyed counties contributed a total of$600,000 of additional
funding.31 Of that sum,the San Francisco County Law Library received$471,000 from
the San Francisco Board of Supervisors.32 In three of those nine counties, county general
fund support has since been withdrawn,which contributed to the closure of the Plumas
County Law Library in 2004.33 Statewide, increasing pressure on limited county
resources has made it unlikely that counties can be expected to be a stable source of
additional funding in the future.
County Facilities and Services
As noted above,there are variations in county-provided library facilities statewide. While
some counties provide quarters and services, other counties provide little to none of these
resources. For many county law libraries, estimates of the value of county-provided
resources equal 20 to 25 percent of filing fee revenues,which is approximately$6.5
million.34 In view of the statewide trend in declining revenues from civil filing fees, it
would be challenging for many county law libraries to provide their own quarters.
However, considering the ongoing budget crisis, counties are experiencing difficulties in
providing sufficient quarters for their county law libraries. Currently, there is tension in
10
many counties between county law library boards and boards of supervisors over not only
the funding for facilities but also interpretations of the underlying statutes and their
implementation.
Grants
While most county law libraries receive no funding from grants, some libraries have
benefited from this type of funding. For example, a few county law libraries received
technology grants for public Internet terminals. However, even for those county law
libraries, grants do not constitute an appreciable portion of the overall funding of library
operations. In general, grants are designated for specific projects and are usually a
minimal source of income that cannot be used to fund operations.
Miscellaneous Income
With their continual decrease in filing fee revenue, most county law libraries have been
forced to explore miscellaneous revenue sources. The income from these funding sources
varies greatly from county to county. Typical sources include gaining interest on trust
funds and charging county law library patrons for using copying machines or conference
rooms. Other county law libraries have used revenue sources such as borrowing fees or
even rental of roof space for cell phone antennas. Some libraries engage in fundraising,
establish"friends" groups or create foundations to raise money. Still,regardless of the
creativity in or success of implementing these miscellaneous funding strategies,the
income from these alternative revenue sources is minimal and insufficient to bridge the
gap between decreasing filing fee income and increasing expenses. The task force also
noted that"a reliance on miscellaneous income would tend to divert the law library from
its primary task of providing library services."35
Future Funding of County Law Libraries
County law libraries can no longer afford to depend primarily on the current funding
mechanism. The task force agreed that it is inadequate and recognized the need to
identify better supplemental funding mechanisms for the future. A number of funding
options,both traditional and nontraditional,were discussed by the task force,resulting in
one new funding option and three saving options that the group could recommend with
consensus. Other funding and saving options considered by the task force are listed in the
appendix. The task force expressed frustration with its inability to identify additional
specific funding options. The scarcity of feasible solutions to the current funding
mechanism for law libraries refocused the task force on investigating savings options that
would help alleviate some of the financial problems that result from the current statutory
scheme. The following section addresses this approach,
Recommendations for County Law Libraries
California has perhaps the most extensive county law library system in the country. At
one end of the spectrum is the Los Angeles County Law Library,which serves a populace
of nearly 10 million, and at the other end is the Alpine County Law Library,which serves
a population of just over 1,200 people. This system has a multitude of challenges,but the
County Law Library Task Force believes it is a critical asset for the public that must be
strengthened and enhanced.
One of the charges to the County Law Library Task Force was "to recommend funding
sources and financing mechanisms for support of county law library operations and
facility maintenance."36 The task force identified small claims as a potential source for
supplemental county law library funding. In addition to this funding recommendation,the
task force also focused on a number of cost savings measures and alternative program
options that can help maximize resources. They are: (1)joint-purchasing arrangements,
(2)regional program options and(3)creative partnerships with self-help programs.
The following sections explain the new small claims fee and three savings options
recommended by the task force. They are all ways to better utilize revenues,despite
possible fluctuations in filing fee income. Ultimately,these recommendations could apply
systemically to current as well as future county law libraries.
Small Claims Court Fees
The task force observed that many law library patrons are small claims litigants,who
often rely heavily on county law libraries for support. Historically,no portion of the small
claims filing fees has been dedicated to county law libraries. Therefore,the task force
recommends increasing the small claims filing fee by$1 for every$1,000 in dispute. This
fee will be used exclusively as a source of funding for county law libraries.
Joint-Purchasing
County law libraries experience a significant challenge in maintaining a current and
comprehensive law library collection,while legal books,publications,periodicals, and
online legal databases continue to increase yearly in price. For example, the price of
serials 37 and periodicals has increased more than 150 percent between 1998 and 2003.38 It
is not only the price of legal materials that can be burdensome to law libraries,but also
the costs of paper,ink cartridges and other items that are necessary to daily operations.
According to a 2001 survey, two of the most heavily used services are copiers and
typewriters.39 Use of these services requires many supplies, and thus increases costs to
the law library.
The County Law Library Task Force recommends joint-purchasing as a means to provide
potential savings for county law libraries. On behalf of several judicial branch entities,
the Administrative Office of the Courts(AOC)issued an open invitation to vendors to
submit volume-purchasing proposals for various products and services. Currently,the
12
AOC has arrangements with Office Depot, Corporate Express, ADP,FedEx, and the
General Binding Company. These companies provide recycled paper, office supplies,
payroll services, shipping and binding services,respectively. In addition,the AOC is
currently soliciting companies for joint-purchasing contracts for toner,copy machines
and legal materials. To date,the list of approved accounts includes the trial courts,
appellate courts,the AOC, and the Habeas Corpus Resource Center. The AOC has
confirmed that county law libraries are eligible to participate in existing joint-purchasing
agreements and would also be eligible to take part in future contracts.
If county law libraries elect to utilize joint-purchasing,no library would be obligated to
participate. Under the AOC's joint-purchasing process, involvement is voluntary,and the
libraries would be free to purchase from another vendor,especially if they were able to
secure more favorable prices on their own. Participating entities manage their own
accounts, and are able to separately negotiate for and purchase supplies at special rates.
Current savings from the rates being negotiated by the AOC are approximately 30
percent of current retail prices.40
The AOC is currently investigating joint-purchasing options for legal publications and
subscriptions. Task force members have stated that law libraries would be very interested
in access to discounted print and digital law materials,and the task force believes that
county law libraries should bargain as a group for a judicial branch rate with companies
such as Thomson-West and LexisNexis. Again, county law libraries would be able to
pursue purchasing contracts individually if it is a more advantageous or preferable option.
As county law libraries differ greatly in their resources,joint-purchasing is recommended
as an opportunity for securing savings locally,rather than as a statewide prescription and
requirement.
Multijurisdictional Program Options
Statutorily, county law libraries neither fall completely in the jurisdiction of the county
nor come under the judicial branch. Thus,when examining county law libraries on a
statewide level,the ability to articulate the"typical"law library becomes exceedingly
more difficult. These complexities challenge any attempt to generate standards that are
appropriate for all county law libraries. However, organizing law libraries by size
(usually corresponding with region)offers a productive start to establishing suitable
standards.
Generally, county law libraries can be categorized into small,medium and large libraries,
which often correspond with rural, suburban and urban regions. Each size and region has
its unique challenges. For example, small county law libraries in rural counties are often
geographically removed from librarians,personnel and extensive legal collections.
Moreover, inadequate revenues from civil filing fees result in limited funding,which
makes it impossible for many of these libraries to offer a full range of services to their
customers. As a result, some county law library patrons must travel long distances to use
13
more fully staffed and equipped law libraries. Yet, larger urban and suburban county law
libraries have their own challenges,too. They are often already overwhelmed with the
increased demands from self-represented litigants and other nonattorneys, as well as with
the decline of revenues that cover their library operations and services.
The task force therefore recommends a form of regional programs that utilizes joint
ventures between county law libraries that would benefit from collaborating and sharing
resources. Participation would be voluntary and strictly an option to county law libraries.
This could include the idea of establishing regional law library centers that would serve
less-populated counties. The task force also discussed creating uniform infrastructure for
locating and referring legal materials for all county law libraries,but especially to service
smaller,neighboring county law libraries. Ultimately, a multijurisdictional law library
system could be a way to adapt to the regional habits and needs of county law library
patrons, as well as more efficiently use limited law library funds.
Creative Partnerships with Self-Help Centers
Self-represented litigants and other nonattorneys represent half of the law library patrons
in many counties, and they use the county law library for many purposes,not just
preparing for civil litigation in state court. These patrons often request more than the
location of legal references; they also ask for legal advice and guidance. Regardless of
their qualifications, county law librarians are legally prohibited from giving legal advice.
However, experienced law librarians are able to lawfully assist patrons by eliciting the
information they need to direct them to the appropriate books, resources and referrals.
The County Law Library Task Force recognizes that there are some roles that county law
libraries cannot legally or financially fill. The task force recommends establishing
creative partnerships between self-help programs and county law libraries. Collaboration
between these two entities might more effectively serve the changing population of
county law library patrons. Although they are also unable to give legal advice, staff at
self-help centers would be able to provide,translate and assist with forms and
instructions; host workshops conducted by attorneys and court personnel; explain how to
access the court system; and even direct customers to the resources of the county law
library. A partnership of self-help centers and county law libraries could offer important
tools and the services for self-represented litigants and other nonattorneys to handle their
legal matters.
Looking to the Future
The County Law Library Task Force intends this report to be a catalyst for the future of
California's county law libraries. The challenges facing county law libraries stem from
many factors, such as the statutory scheme and the changing nature of county law
libraries. Since the task force convened in March 20045 it has grappled with numerous
challenges; nevertheless, it was able to identify a new funding option and three savings
14
options that may help alleviate some of the pressures on county law libraries. The task
force unanimously agreed, however,that these recommended solutions must be regarded
as supplemental to the fiscal health of county law libraries,not central to their successful
operation.
In looking forward to more fiscally sound county law libraries that serve the needs of
their various patrons,the task force recommends further study to:
N Identify and enact additional funding sources
0 Assess the potential impact of a uniform civil filing fee on county law libraries
N Review and update Business and Professions Code sections 6300 to 6364
N Produce an updated needs assessment for county law libraries
N Explore the feasibility of qualifying county law libraries to participate in the State
Bar's dues check-off program
8 Investigate collaborations of county law libraries and self-help centers
The task force has identified the items above as being fundamental to the future of county
law libraries. Further study into these topics is the next step to create the effective
changes necessary to provide Californians the legal resources and services that they need.
Endnotes
1 Stats.2003,ch.394,§ I (AB 1095,Corbett).
2 See chart 1.1 in appendix for members.
3 Stats.2003,ch.394,§2.
4 See chart 1.2 in appendix for subcommittee membership.
5 Bus.&Prof Code, §6360.
6 Ibid.
'Ibid.
8 Ibid
9 Ibid.
10 Bus.&Prof Code,§6361.
"Id., §6348.2.
12 Stats. 1870,ch. 173.
13 Council of California Law Librarians,"History of California County Law Libraries: Early History,"
CCCLL Trustees Manual 3(Jan. 1997)p. 1-1.
14 Stats. 1891,ch.225.
15 However,in 2002,the provision to discontinue a law library was repealed.(Bus.&Prof Code§6365.)
16 In 1980,the filing fee maximum in Los Angeles County was$5;in 1990,it was set at$10.In 2005,the
fee was$18,and only a$2 increase per year is permitted.
"See appendix for County-by-County Law Library Fees.
18 See appendix for County Law Library Task Force Questionnaire.
19 L. Simmons,"Patrons Deplore Effects of Cuts in County Law Library's Budget,"Daily Journal(Sept.5,
2003).
20 Michael Ginsborg,Law Librarian,San Francisco County Law Library,to Honorable Jerry Hill,
Supervisor,San Mateo Board of Supervisors(March 7,2002)p.6.
2 1 Law library patrons use county law libraries for a variety of reasons,including,but not limited to,
researching state and federal administrative law and regulations;researching federal law such as civil
rights,immigration,environmental,and bankruptcy law;doing tax and estate planning;researching small
claims,family law,and landlord-tenant matters;organizing new businesses and running existing
businesses;and checking the California Building Code and other resources unique to law libraries.
15
M
22 Council of California Law Librarians,supra, fn. 13 .I-8.
23 p 'p
Anne Marie Gold,"Final Report,"Council of County Law Librarians 2001 Needs Assessment Study 18,
www.cccll.org/FinalReport.htm.
24 Ibid.
25 Ibid.
26 Data compiled by the Administrative Office of the Courts 2004.
27 Gold,supra, fn.23.
28 Court Statistics Report(2004),www.courtinfo.ca.gov/reference/documentslcsr200 . df.It should be
noted that the task force was aware of the SB 940 working group on enhanced collections and applauded its
efforts.
29 See appendix for County-by-CountyLaw Libra Fees.
�
30 See appendix for Uniform Civil FilingFee Fact Sheet.
31
County Law Library Task Force Subcommittee#3 Report(May 10,2004)2,on file with the AOC,self-
reported.
32 Ibid.
33 Ibid.
34 Task Force Subcommittee, .fn
,ra
sup 31,p.3.
"Ibid.
36 Stats.2003,ch.394, §2.
37 Serials include periodicals(academic and commercial re citators codes i
),court reporters, ,digests,legal
encyclopedias,newsletters,looseleaf services,and supplemented legal treatises.
38 American Association of Law Libraries,AdvisoryCommittee for the Price Index for L '
Legal Publications,
"Price Index for Legal Publications,2d"(2003-2004).
39 Gold,supra, fn.23.
40 County Law Library Task Force Minutes Dec.3 2004),on file with the AOC.
16
Appendix
Chart 1.1
Judicial Branch Appointees
Hon. Michael T. Garcia, Superior Court of California, County of Sacramento-Chair
Hon. Sean P. Dowling, Superior Court of California, County of Nevada
Mr. Alan Slater, Syperior Court of California, Coun!y of Orange
CCCLL Appointees
Ms. Annette Heath,Kern Counly Law Library
Ms. Cossette T. Sun,Bernard E. Witkin Alameda County Law Library
Mr. Richard T. Iamele, Los Angeles County Law Library
CSAC Appointees
Ms. Susan B. Anderson, County of Fresno
Ms. Mary McMillan, County Manager's Office
Mr. Jeffrey L._Meyer, County of El Dorado/Mr. Jim Wiltshire, County of El Dorado
AOC Staff Support
Mr. Daniel Pone, Office of Governmental Affairs
Mr. Shaun Youn , Office of Governmental Affairs
Ms. Debbra Garrett,Northern/Central Regional Office
Mr. Gary Kitajo, Executive Office Programs Division
Chart 1.2
Subcommittee 1 Subcommittee 2 Subcommittee 3
Ms. Annette Heath,Chair Mr. Richard Iamele,Chair Mr. Jeffrey Meyer, Chair
Hon. Michael T. Garcia Ms. Mary McMillan Mr. Alan Slater
Ms. Cossette Sun Ms. Susan Anderson Hon. Sean P. Dowling
Alternative Funding Sources Considered by the Task Force
The task force considered these funding alternatives,which were ultimately not approved
as viable options.2
■ Assessment of a portion of court sanctions
■ Assessment of a portion of traffic fines
■ Secretary of State corporate filing fee surcharge
■ Fictitious name filing fee surcharge
■ Marriage license fee surcharge
• Recorded documents fee surcharge
■ Vehicle registration surcharge
■ Driver's license surcharge
■ Other DMV fee surcharges
� Mr.Jeffrey Meyer was later replaced by Mr.Jim Wiltshire.
2 The task force did not examine funding mechanisms that would generate revenue from criminal litigation.
f
County-by-county Law Library Fees 3
2004 Unlimited 2004 Limited 2004 Limited
$25,000+ $10,000-$25,000 $5,000-$10,000 Law Library Fee
IF County
(italicized are from (italicized are from (italicized are from 2005
Daily Journal) Daily Journal) Daily Journal)
Alameda � ... 311.50 .. 314.40 164 31
Alpine 234 241-50 129.3 AOC:
7Amador 283.50 286.50 139.30 2
Butte 292.50 302.50F152 2
JF
Calaveras F 289.50 17282.50 145.30 26/21/18
Fa 283.50 286.5 139.30 20/12/12
Fa Costa 302.50 300.5 155.30 2
_F
Del Norte 284 286.5 139.30 2
_F
FEIDorado 291.50 2-89.50 142.30 2
Fresno 303 306 IF 159 32/29/2
JF
Glenn F 284 F 287 140 2
-IF
Humboldt 290 293 145.80 4
Imperial 284 289 142 20
Inyo 284 287 140 2
FKem 303 306 159 21
Kings 283.50 285.50 139.3023 or 25(under review
Lake 286.50 289.50 142.30 23/23/18
Lassen 283.50 286.5 139.30F_
25
Los Angeles 296.50 299.50 152.30 18
Madera 286.501 289.50 142.39 2
Marin 293 296 149 32
Mariposa � 284 287 140 28/23.5
111111110
3 Chart compiled from information from Annette Heath,Kern County law librarian and the Council of
California County Law Librarians'Web site:www.cccll.org/totalfees.htm.
Mendocino F 264.50 280.50 158.30 2
IF
FMeed 283.50 286.5 139.30 23
...............WF
FMoc 283.50 286.50 129.30 ... ..... 2
Mono 283.50 286.50_ 139.30 2
IMonterey 287 289.50 143 25.50/23/23
FCounty $25,000+ $10,000-$25,000 $5,000-$10,000 Law Library Fee
___I
Fapa 283.50 1 286.5 139.30 20
_F
N-_______
- - _F
F
da 283.50 286.50 139.30 23
Orange 294.50 292.50 145.30 29
lacer 294.50 297.50 150.30F7 2
Pluma
ss 284 289 142 2
IF
FRiverside F 325 325 151 2
11
Sacrament 314.50 312.5 165.30 44_F
San Benito 283.50 286-50 139.30 2
FSanernardino 306.50 306.5 159.30 23
_F
San Diego 300.50 303.5 156.30 35
FSanrancisco 292.50 300.50 153.30/148.30 3
FSan Joaquin 293.50 296.50 149.30 23
_F
FSanuis Obispo 296.50 294.5 14417 31
_F
FSanateo 298 301 157.80 32.5
7Santaarbara 301 304 157 35
il
Santa Clara 299.50 302.50 155.30 2
Santa Cruz F 264.50F7 267.50 145.317 0 29
-1
Shasta 284 287 140 2
Siena 25 262 140 2
ISiskiyou 289.59 286.50 145.30 2
FSolano F 289.S 292-50F 145.30 F 2
Sonoma 293 296 149 2
FStani,slaus F,2-488.50/283.20 F 291.50 F 144.30 18/16/1
Sutter 17283.50 286.50 139.20 FAOC:7/7/3
ETeama 283.50 286.50 139.3F .2
FTrinity 283.50F7 286.517 0 139.3F- 20
Tulare F 283.50 286.50 F 139.30 F 29
FUmne 284 F 287 F 140 17
20
I -
Ventura 300 F 303 F 156 F 26
Yolo 289.50 294.5F 155.30 29
F F17
Yuba 258.50 261.5 139.30 7
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1926
ADMINISTRATIVE OFFICE
OF THE COURTS FACT SHEET April 2005
455 Golden Gate Avenue
San Francisco,CA
94102-3688 Uniform Civil Fee Proposal
Tel 415-865-4200
TDD 415-865-4272
Fax 415-865-4205
www.courtinfo.ca.gov The complexity and lack of statewide consistency of filing fees led the
Judicial Council's Court Fees Working Group to recommend a uniform civil
fee structure. The new structure will streamline and vastly simplify the civil
fees by rolling the current varied surcharges and add-on fees into one filing
fee. The same fees will be charged for the same services across all 58
counties. These modest fee increases will ensure that access to justice for
all Californians is maintained.
Proposed Fee Structure
The working group is proposing the following actions as part of the new structure:
First paper fili*nes
• Establish statewide,uniform first paper and first responsive paper fees at three
graduated levels:
• Limited civil fee(less than or equal to$10,000) $180
• Limited civil fee(greater than$10,000 and less than$25,000) $300
• Unlimited civil and family law fee $320
• Consolidate the court security fee,$25 court reporter fee,amended and cross-
complaint fee,and AB 3000(10 percent)surcharge as they relate to first paper
filing and response fees.Revenue would be included in the new, consolidated fee.
• Establish facilities surcharges at$20,$25,and$35 and include them in the
consolidated filing fee.
• Establish a new distribution of$2 for the Equal Access Fund.
• Consolidate fees for children's waiting rooms,dispute resolution,judges'
retirement,and law libraries into the first paper fee and distribute them at the
current levels.
• Establish a moratorium on fee changes—the uniform civil fee amounts would stay
in effect through December 31, 2007,except for changes made by the Legislature
related to county law library funding that may affect civil fees.
• Establish aset-aside for increases in dispute resolution,law library,children's
waiting rooms,and judges'retirement fees during the proposed moratorium,
ending December 31, 2007.
Uniform Civil Fee Proposal
Page 2 of 3
Probate
• Establish a statewide,uniform consolidated probate filing fee with the lowest
level(estates valued at$250,000 or less)at the same level as the unlimited civil
filing fee with each additional level preserving the existing variance in graduated
levels.
• Establish a fee for petition and response and appointment of guardians(for
person only)at$180.
• Establish a fee for second or later-filed petitions,petitions concerning internal
affairs of trusts,and appointment of guardians and conservators(for person and
estate[s])at$320.
Small Claims
• In recognition of the court resources required for these filings and the funding
shortfall in the budget year,recommend increase from$22 and$66(frequent
filers)to graduated fee structure below.
• Less than or equal to$1,500 $ 30
. Greater than$1,500,but less than or equal to$5,000 $ 50
• If more than 12 claims have been filed in the previous 12 months $ 75
• Eliminate the 10 percent surcharge and include the anticipated surcharge
revenue in the consolidated fee level.
• The following amounts are distributed from the small claims fee to fund Small
Claims Advisor services:
• Less than or equal to$1,500 $ 6
. Greater than$1,500;less than or equal to$5,000 $ 8
• If more than 12 claims have been filed in the previous 12 months $ 14
Changes to Other Existing Fees
• Establish statewide,uniform fees for the following,eliminating the AB 3000
(10 percent)surcharge and increasing the motion and summary judgment motion
fees:
• Complex filing fee(consolidation of 10 percent surcharge only) $ 550
• Motion fee(previously$36.30 with 10 percent surcharge) $ 40
• Summary judgment motion(previously$165 with 10 percent surcharge) $ 200
Miscellaneous Fees
• Establish uniform statewide miscellaneous-fee categories:
• Group fees for similar types of services
• Set a uniform fee for each group
Uniform Civil Fee Proposal
Page 3of3
Benefits of Uniform Civil Fee Structure
A uniform fee structure offers numerous benefits.It will:
• Streamline and simplify the civil fee structure.The current variety of surcharges and
add-on fees will be consolidated into one filing fee.
• Create uniformity.The same fee will be charged for a given service in a1158
counties.
• Address the funding shortfall.The new fee structure will eliminate the current
deficiency in the trial courts'budget.
• Maintain access.Average fees will be modestly increased,and the ability to ensure
access to justice for all Californians will be maintained.
• Equal access.The new structure will provide additional funding for equal access
programs.
• Ensure fairness. Reasonable differentials based on different case types will remain
in the fees.
0 Ensure accuracy and accountability.The implementation of a single,statewide civil
fee schedule will increase accuracy in the collection and distribution of fees and
provide more detailed fee information for local courts,counties,and the state.
• Offer predictability. Courts and attorneys will know what the fees are and that fees
will not be changed through the end of 2007,with the possible exception of
changes made within the uniform fee structure to increase funding for county law
libraries.
• Stabilize funding.The proposed structure will:
• Remove sunset dates;
• Increase filing fees to restore revenues to the level of the 2003 Budget Act;and
• Preserve the current revenue level for noncourt recipients of fees(i.e.,
counties,courts,law libraries,and children's waiting rooms).
Create and support the infrastructure.To the extent feasible,funding will be
provided to support facility and technology improvements in the trial courts.
Status Update
The uniform civil fee proposal will be pursued as part of the budget,with authorizing
language included in a budget trailer bill.The Judicial Council will sponsor
legislation to extend the part of the court security fee that will sunset on June 30,
2005.This"bridge"legislation will maintain existing filing fees and revenues at their
current levels until the uniform civil fee is implemented.
Contact:
Ruben Gomez,Supervising Budget Analyst,Finance Division,ruben.gomez@jud.ca.gov