HomeMy WebLinkAboutMINUTES - 04281992 - 1.19 1e 19
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TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator
Costa
County
DATE: April 21, 1992 'r- -
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SUBJECT: LEGISLATION: SB 457 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
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RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of SB 457
by Senator Boatwright, which would authorize a pilot program in
Contra Costa County to determine whether handling small claims
actions and traffic, parking and other minor offenses, as
designated below,' through an administrative adjudication program
using Temporary Court Commissioners speeds up the handling of these
matters and saves money, as opposed to the present system of
handling all such, matters in court.
BACKGROUND:
Section 75 of the Trial Court Realignment and Efficiency Act of
1991 (AB 1297, Chapter 90, Statutes of 1991) authorizes the
Judicial Council to examine any possible models or methods for
alternative administrative resolution or adjudication of these
minor violations [of the Vehicle Code, and violations of
ordinances, regulations and provisions of that code governing the
standing or parking of vehicles] and small claims actions outside
of an adjudication in an judicial forum. "
The Municipal Courts, through the work of Judge Mark Simons of the
Mt. Diablo Judicial District, has developed the program concept of
the administrative adjudication of these minor violations, using
the Temporary Court Commissioners this County is already
authorized, to determine whether efficiency and cost savings can be
realized. The concept of administrative adjudication, as developed
by Judge Simons, 'includes the following components :
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): �i(/1/�[/�Y %�L
ACTION OF BOARD ON April' 28, 1992 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
L I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. F
CC: ATTESTED
Please see Page 2 .
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
-2- .
1 . Utilize on-call Temporary Court Commissioners as hearing
officers, compensated at an hourly rate without benefits, to
process small claims actions and traffic, parking, other minor
offenses designated by the Judicial Council, and minor
offenses committed by persons under the' age of 18 years, as
designated by the Superior Court Juvenile Judge in the County
through an administrative adjudication project.
2 . Eliminate the need for a courtroom clear and bailiff in the
administrative hearings through innovative use of courtroom
computers and trial scheduling with attending police officers .
3 . Provide the hearing officers with bench computer terminals
with modified screens to record courtroom proceedings thereby
substantially reducing the actual paperwork which must be
processed by clerical staff.
4 . Employ the use of existing facilities for administrative
hearings, thus reducing the need to expand the number of
available courtrooms .
5 . Free up the full-time Court Commissioner, to devote more time
to assist the judges in handling cases during periods of
illness, vacations or when there is a vacancy, thus reducing
the need for assigned judges at both court levels .
6 . Promote the '; implementation of hand held computers by police
enforcement fagencies to generate citations for moving traffic
offenses and parking violations, in order to eliminate
duplication of data entry and realize substantial savings in
clerical costs .
In order to handle the implementation of such a pilot project
without additional staff and with the minimum of additional one-
time expenses, the Municipal Courts are suggesting that the
judicial districts within the County be phased into the project,
consistent with funding availability and judicial endorsement.
Senator Boatwright has indicated an interest in carrying this
legislation for lithe County, using the bill (SB 457) which was
introduced in 1991 to increase the number of Municipal Court and
Superior Court Judges in the County. ( If any additional judges are
authorized in 199,2, they will be made a part of an omnibus bill on
judicial positions) .
Attached is the proposed amended version of SB 457 which contains
the authorization for the pilot program. The specific details of
the pilot program will be developed by the Municipal Courts, in
conjunction with ,the Superior Court and the Judicial Council . The
mechanism for financing the one time and ongoing costs of the
program have been identified. We will keep the Board advised of
changes to the legislation as it proceeds through the Legislature.
Currently, SB 4571 has passed the Senate and is pending a hearing in
the Assembly Judiciary Committee.
cc: County Administrator
Judge Mark Simons
Kiri Torre, Municipal Court Administrator
Len LeTellier, Superior Court Administrator
George Roemer, Senior Deputy County Administrator
Les Spahnn, 'SRJ. Jackson, Barish & Associates
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