Governor Signs Measure Shifting Funding for Trial Courts to State

Gov. George Deukmejian on Wednesday signed into law a monumental reform that in effect shifts the cost of operating trial courts from counties to the state.

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

Under the complicated bill by Assemblyman Richard Robinson (D-Garden Grove), nine new judges can be added to the San Diego County Superior Court next year and 29 other judicial 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 legislators back 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 he was not trying to “put the governor on the spot.”

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

Local officials have long complained that the $60,000 block grants that 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 California Constitution, Robinson said, it is unfair to let local property-tax payers bear their costs.

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

The bill requires that counties choosing the new arrangements drop all claims and lawsuits against the state regarding mandates for which they feel shortchanged. That provision and some others caused some concern among local officials. But local governments, including San Diego, enthusiastically backed the funding reform.

“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 fines 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 court 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 four new judges--two in El Cajon and two downtown--to San Diego County municipal courts.