77212
. (a) The State of California, the counties of California, and
the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data-processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services shall
be provided to the court at a rate that shall not exceed the costs
of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in fiscal year 1994-95,
the court may seek adjustment of the amount the county is required to
submit to the state pursuant Section 77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide the service. The notice must be given at least 90 days prior
to the end of the fiscal year and shall be effective only upon the
first day of the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and data
processing systems, financed by a long-term financing plan whereby
the county is dependent upon the court's continued financial support
for a portion of the cost of the acquisition.
(d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision (b),
the presiding judge of that court and the county or city and county
shall enter into a contract for that service. The contract shall
identify the scope of service, method of service delivery, term of
agreement, anticipated service outcomes, and the cost of the service.
The court and the county or city and county shall cooperate in
developing and implementing the contract.
For any contract entered into after January 1, 2002, the amount of
any indirect or overhead costs shall be individually stated in any
contract together with the method of calculation of the indirect or
overhead costs. This amount shall not contain items that are not
otherwise allowable court operations. The Judicial Council may audit
the county figures to ensure compliance with this section and to
determine the reasonableness of the figures.
(2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.