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2014 California Rules of Court

Rule 10.101. Role of the Judicial Council and Administrative Office of the Courts

(a) Purpose

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

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

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

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

(4)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;

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

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

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

(c) Authority of the Chief Justice and Administrative Director of the Courts

(1)The Chief Justice and the Administrative Director of the Courts 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 the Administrative Office of the Courts:

(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 and the Administrative Director of the Courts, 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 the Administrative Office of the Courts.

(3)After the end of each fiscal year, the Administrative Director of the Courts 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 the Administrative Office of the Courts.

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

(d) Duties of the Administrative Director of the Courts

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

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

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

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

(e) Duties of the director of the Finance Division

The director of the Finance Division of the Administrative Office of the Courts, under the direction of the Administrative Director of the Courts, administers the budget policies and procedures developed by the Administrative Director of the Courts and approved by the Judicial Council. The director of the Finance Division 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 of the Courts in preparing and managing budgets.

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

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

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