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2015 California Rules of Court

Rule 10.101. Role of the Judicial Council

(a) Purpose

This rule specifies the responsibilities of the Judicial Council, the Chief Justice, the Administrative Director, and council staff with respect to the judicial branch budget.

(Subd (a) amended effective July 1, 2015; previously amended effective January 1, 2005, January 1, 2007, and August 14, 2009.)

(b) Duties of the Judicial Council

The Judicial Council must:

(1)Establish responsible fiscal priorities that best enable the judicial branch to achieve its goals and the Judicial Council to achieve its mission;

(2)Develop policies and procedures for the creation and implementation of a yearly budget for the judicial branch;

(3)Develop the budget of the judicial branch based on the priorities established and the needs of the courts;

(4)Communicate and advocate the budget of the judicial branch to the Governor and the Legislature;

(5)Allocate funds in a manner that ensures equal access to justice for all citizens of the state, ensures the ability of the courts to carry out their functions effectively, promotes implementation of statewide policies as established by statute and the Judicial Council, and promotes implementation of efficiencies and cost-saving measures;

(6)Resolve appeals on budget and allocation issues; and

(7)Ensure that the budget of the judicial branch remains within the limits of the appropriation set by the Legislature.

(Subd (b) amended effective July 1, 2015; previously amended effective January 1, 2007 and August 14, 2009.)

(c) Authority of the Chief Justice and Administrative Director

(1)The Chief Justice and the Administrative Director may take the following actions, on behalf of the Judicial Council, with regard to any of the Judicial Council's recommended budgets for the Supreme Court, the Courts of Appeal, the trial courts, the Judicial Council, the Habeas Corpus Resource Center, and council staff:

(A)Make technical changes to the proposed budget; and

(B)Make changes during their negotiations with the legislative and executive branches consistent with the goals and priorities adopted by the Judicial Council.

(2)The Chief Justice, on behalf of the Judicial Council, may allocate funding appropriated in the annual State Budget to the Supreme Court, the Courts of Appeal, the Judicial Council, the Habeas Corpus Resource Center, and council staff.

(3)After the end of each fiscal year, the Administrative Director must report to the Judicial Council on the actual expenditures from the budgets for the Supreme Court, the Courts of Appeal, the trial courts, the Judicial Council, the Habeas Corpus Resource Center, and council staff.

(Subd (c) amended effective July 1, 2015; adopted effective January 1, 2005; previously amended effective August 14, 2009.)

(d) Duties of the Administrative Director

The Administrative Director implements the directives of the Judicial Council and must:

(1)Present the judicial branch budget in negotiations with the Governor and the Legislature; and

(2)Allocate to the trial courts, on behalf of the Judicial Council, a portion of the prior fiscal year baseline allocation for the trial courts following approval of the State Budget and before the allocation of state trial court funding by the Judicial Council. The portion of the prior fiscal year baseline allocation that may be so allocated is limited to the amount estimated to be necessary for the operation of the courts pending action by the Judicial Council, and may not exceed 25 percent of the prior fiscal year baseline allocation for each trial court.

(Subd (d) amended effective July 1, 2015; adopted as subd (c); previously relettered effective January 1, 2005; previously amended effective January 1, 2001, January 1, 2007, and August 14, 2009.)

(e) Duties of the director of Finance

The director of Finance for the Judicial Council, under the direction of the Administrative Director, administers the budget policies and procedures developed and approved by the Judicial Council. The director of Finance must:

(1)Develop and administer a budget preparation process for the judicial branch, and ensure the submission of a final budget recommendation for the judicial branch to the Department of Finance by November 1 of each year;

(2)Develop, in consultation with the State Controller's Office and the Department of Finance, a manual of procedures for the budget request process, revenues, expenditures, allocations, and payments;

(3)Monitor all revenues and expenditures for the judicial branch;

(4)Develop recommendations for fiscal priorities and the allocation and reallocation of funds; and

(5)Assist all courts and the Administrative Director in preparing and managing budgets.

(Subd (e) amended effective July 1, 2015; adopted as subd (d); previously relettered effective January 1, 2005; previously amended effective January 1, 2007 and August 14, 2009.)

Rule 10.101 amended effective July 1, 2015; adopted as rule 2301 effective July 1, 1998; renumbered as rule 6.101 effective January 1, 1999; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2001, January 1, 2005, and August 14, 2009.

Advisory Committee Comment

Subdivision (c)(1)(A). Examples of technical changes to the budget include calculation of fiscal need, translation of an approved concept to final fiscal need, and simple non-policy-related baseline adjustments such as health and retirement benefits, Pro Rata, and the Statewide Cost Allocation Plan.

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