BILL NUMBER: AB 2475 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2010
AMENDED IN ASSEMBLY APRIL 28, 2010
AMENDED IN ASSEMBLY APRIL 22, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Beall
FEBRUARY 19, 2010
An act to add Section 43.94 to the Civil
220 to the Family Code, relating to immunity
family law .
LEGISLATIVE COUNSEL'S DIGEST
AB 2475, as amended, Beall. Judicial immunity.
Family law: complaints.
Existing law governs family law proceedings. Existing law
authorizes or requires, as specified, the court to appoint various
professionals to assist in these proceedings, including counsel for
the minor, mediators, and child custody evaluators, among others.
This bill would direct the Judicial Council, in consultation with
judicial personnel, family law experts, and advocates to, on or
before January 1, 2012, adopt a rule of court to establish a uniform,
statewide procedure for handling and responding to complaints
regarding family law experts employed or appointed by the court,
including mediators, evaluators, investigators, special masters, and
minor's counsel, as specified.
The bill would require the Judicial Council to develop a timetable
for completion of the complaint process to ensure that all
complaints are resolved as expeditiously as possible, and to develop
a list of appropriate responses to substantiated complaints. The bill
would provide that a complainant shall not be retaliated against for
having made a complaint.
The bill would require the local complaint coordinator to maintain
sufficient information about each complaint and its disposition to
identify any history or patterns of complaints submitted and shall
report annually on complaints received and their disposition to the
Judicial Council. The bill would require the Judicial Council to
report to the Legislature, on or before February 1, 2013, until
January 1, 2017, and then annually thereafter, on the complaint
procedure, including whether it is being fully implemented locally,
data on the number of complaints and their disposition, information
on patterns of complaints, and any modifications made to the rule of
court.
The bill would also require the Judicial Council, on or before
January 1, 2012, to develop forms, information sheets, and other
resources necessary to ensure the complaints process is easily
accessible to the parties. The bill would require information on the
complaint process to be provided to parties and their attorneys, and
to be made available at the court self-help centers.
Existing law grants immunity from civil suit to judges for acts
performed in the exercise of their judicial functions. Under the
concept of quasi-judicial immunity, this absolute judicial immunity
has been extended to persons other than judges if those persons act
in a judicial or quasi-judicial capacity, including neutral 3rd
parties engaged in attempts to settle disputes.
This bill would provide that the doctrine of judicial immunity or
quasi-judicial immunity shall not apply to exonerate any private 3rd
party appointed by the court in an advisory capacity based on his or
her professional expertise, who provides a report or findings to the
court in a proceeding under the Family Code, with the intention that
the court act in one way or another based on the report or findings,
from liability for acts performed within the scope of his or her
appointment in violation of law, rules of court, or professional
standards. The bill would provide for applicable statutes of
limitation to be tolled, as specified. This bill would require the
Bureau of State Audits to include a dedicated compliance official or
division whose function it is to review compliance of family courts
and public employees with state-mandated family laws and procedures,
and to make recommendations to the Legislature, Governor, and
Judicial Council, based thereon.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 220 is added to the
Family Code , to read:
220. (a) The Judicial Council, in consultation with judicial
personnel, family law experts, and advocates, shall, on or before
January 1, 2012, adopt a rule of court to establish a uniform,
statewide procedure for handling and responding to complaints
regarding family law experts employed or appointed by the court,
including mediators, evaluators, investigators, special masters, and
minor's counsel, in accordance with all of the following:
(1) The complaint process shall be available to all parties and
their attorneys and shall provide for the expeditious and effective
handling of complaints and procedural fairness.
(2) Each trial court shall have a complaint coordinator to
investigate all complaints received.
(3) Unless a complaint can be resolved informally, all complaints,
shall be investigated by the local complaint coordinator. The
complaint coordinator shall interview the complainant. The person
against whom the complaint is directed shall be given notice of the
complaint and an opportunity to respond.
(4) The final decision on the complaint shall be made by the
presiding judge or his or her designee, who cannot be the complaint
coordinator.
(b) The Judicial Council shall develop a list of appropriate
responses to substantiated complaints.
(c) A complainant shall not be retaliated against for having made
a complaint.
(d) The Judicial Council shall develop a timetable for completion
of the complaint process to ensure that all complaints are resolved
as expeditiously as possible.
(e) The local complaint coordinator shall maintain sufficient
information about each complaint and its disposition to identify any
history or patterns of complaints submitted, and shall report
annually on complaints received and their disposition to the Judicial
Council.
(f) The Judicial Council shall report to the Legislature, on or
before February 1, 2013, and then annually thereafter, until January
1, 2017, on the complaint procedure, including whether it is being
fully implemented locally, data on the number of complaints and their
disposition, information on patterns of complaints, and any
modifications made to the rule of court. A report submitted pursuant
to this subdivision shall be submitted in compliance with Section
9795 of the Government Code.
(g) The Judicial Council shall, on or before January 1, 2012,
develop forms, including a complaint form, information sheets, and
other resources necessary to ensure the complaint process is easily
accessible to the parties. Information on the complaint process shall
be provided to parties and their attorneys, and shall be made
available at the court self-help centers.
SECTION 1. Section 43.94 is added to the Civil
Code, to read:
43.94. (a) The doctrine of judicial immunity or quasi-judicial
immunity shall not apply to exonerate any private third party
appointed by the court in an advisory capacity based on his or her
professional expertise, who provides a report or findings to the
court in a proceeding under the Family Code, with the intention that
the court act in one way or another based on the report or findings,
from liability for acts performed within the scope of his or her
appointment in violation of law, rules of court, or professional
standards.
(b) This section shall apply to private individuals such as
special masters, minor's counsel, investigators, therapists,
evaluators, receivers, bankruptcy trustees, experts, factfinders, and
other persons specifically appointed by the court in an advisory
capacity based on their professional training or expertise.
(c) This section does not apply to any judicial officer,
subordinate judicial officer, arbitrator, or public employee
protected by the doctrine of judicial immunity or quasi-judicial
immunity at the time this section was enacted.
(d) During a civil, criminal, or administrative investigation or
proceeding in which a court appointee's alleged misconduct, as
described in subdivision (a), is at issue, any statutes of limitation
applicable to the underlying, or other related, civil litigation
shall be tolled.
(e) Notwithstanding any other law, any applicable statutes of
limitation shall be tolled in an action for recovery of damages for
alleged misconduct perpetrated by a court appointee, as described in
subdivision (a), while the person seeking relief was a minor.
(f) The Bureau of State Audits shall include a dedicated
compliance official or division whose function it is to review
compliance of family courts and public employees with state-mandated
family laws and procedures and, notwithstanding Section 10231.5 of
the Government Code, to make recommendations to the Legislature,
Governor, and Judicial Council, based thereon. Recommendations
submitted pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.