Bill Shifting Court Costs Is Signed by Deukmejian

Gov. George Deukmejian on Wednesday signed into law a monumental reform, essentially shifting the costs of operating trial courts from counties to the state.

But Deukmejian warned that he will take a long hard look at the overall costs of the shift when budget appropriations to pay for the change are before him next year.

Under the complicated bill by Assemblyman Richard Robinson (D-Garden Grove), three new judges can be added to the 51-person Orange County Superior Court next year, and 35 other judge positions will be created in 17 other counties.

Deukmejian signed the measure just before leaving his office around 10:15 p.m. Wednesday, after acting on more than 1,300 measures approved by the legislators after returning from their summer vacation last month.

The court funding reform was similar to one by Robinson that Deukmejian vetoed last year.

But Robinson made several changes to appease the fiscally conservative Republican governor and tacked on the statewide court expansion affecting 18 counties.

Robinson insisted that he was not trying to “put the governor on the spot.”

But with Deukmejian facing a reelection challenge next year, legislative observers speculated that his decision might be affected by the specter of upsetting so many local officials or losing the opportunity to make coveted appointments to the judiciary.

Local officials have long complained that the $60,000 block grant counties get when new judges are added to their court system do not nearly pay for the cost of operating those courts. In bad financial times, some counties have delayed needed court expansions, even with mounting case backlogs, simply for economic reasons.

Because trial courts are created under the constitution, Robinson said, it is unfair to let local property taxpayers bear their costs.

Under the new funding arrangements, which are optional, the state would assume virtually all costs of operating municipal and superior courts. But filing fees, fines and forfeitures that now are split among local entities would go into state coffers.

The bill requires that counties that chose the new arrangements drop all claims and lawsuits against the state regarding mandates for which they feel shortchanged.

“This is the first fundamental restructuring of court financing since the state was established in 1849,” Robinson said.

If all 58 counties opt for the plan, the overall cost to the state could be around $957 million, Robinson estimated. But he said more than $600 million in fees and fine would be returned to the state.

With the provision forcing counties to drop pending litigation, he added, the state could actually realize a savings of nearly $300 million.

“Although I believe that . . . state funding of trial courts costs is appropriate,” Deukmejian said, “I have strong concerns about . . . provisions relating to state General Fund costs.”

Deukmejian also signed a separate bill Wednesday that will add an eighth judge to the Newport Beach-based Harbor Municipal Court. County officials had initially sought to add municipal judges at other county courts but dropped those requests when legislative compromises on statewide court expansions were being hammered out last month.