Article 7. Relation To Other Trial Court Statutes of California Government Code >> Title 8. >> Chapter 7. >> Article 7.
Nothing in this chapter shall be construed to affect the
provisions of the Brown-Presley Trial Court Funding Act (Chapter 13
(commencing with Section 77000) of Title 8) or to impose upon the
Judicial Council or the state any obligation to make an allocation to
a trial court to fund expenses or obligations incurred by the trial
court pursuant to this chapter.
Notwithstanding any other provision of law, each trial court
employee shall have the protections provided for in Article 5
(commencing with Section 71650) of this chapter, except as otherwise
provided by this chapter.
Notwithstanding any other provision of law, each trial court
employee shall be entitled to such benefits as are provided for in
Article 2 (commencing with Section 71620) of this chapter.
Notwithstanding any other provision of law, the trial court
may exercise the authority and power granted to it pursuant to
Article 2 (commencing with Section 71620) of this chapter, including,
but not limited to, the authority and power to establish job
classifications, to appoint such employees as are necessary, to
establish salaries for trial court employees, and to arrange for the
provision of benefits for trial court employees, without securing the
approval or consent of the county or the board of supervisors, and
without requiring any further legislative action, except as otherwise
provided by this chapter.
The California Law Revision Commission shall determine
whether any provisions of law are obsolete as a result of the
enactment of this chapter, the enactment of the Lockyer-Isenberg
Trial Court Funding Act of 1997 (Chapter 850 of the Statutes of
1997), or the implementation of trial court unification, and shall
recommend to the Legislature any amendments to remove those obsolete
provisions. The commission shall report its recommendations to the
Legislature, including any proposed statutory changes.
(a) Any trial court may adopt a procedure to be used as a
preliminary step before petitioning the superior court for relief
pursuant to subdivision (b) in matters concerning the release of
information by that trial court. The Judicial Council may adopt a
procedure to be used as a preliminary step before petitioning the
superior court for relief pursuant to subdivision (b) in matters
concerning the release of information by the Judicial Council.
(b) Notwithstanding Sections 1085 and 1003 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
in the event that a trial court employee, an employee organization,
or a member of the public believes there has been a violation of Rule
10.802 of the California Rules of Court concerning the maintenance
of, and public access to, budget and management information
concerning the Judicial Council or the trial courts, that party may
petition the superior court for relief.
(c) The Judicial Council shall adopt rules of court to implement
this hearing and appeal process. The rules of court shall provide a
mechanism for the establishment of a panel of court of appeal
justices who shall be qualified to hear these matters, as specified
in the rules of court, from which panel a single justice shall be
assigned to hear the matter in the superior court. The rules of court
shall provide that these matters shall be heard in the superior
court, and, if applicable, the court of appeal, on an expedited
basis. To the extent permitted by law or rule of court, these rules
shall provide that the justice assigned to hear the matter shall not
be from the court of appeal district in which the action is filed,
and shall provide that appeals in these matters shall be heard in the
court of appeal district where the matter was filed.