Rule 10.183. Decision making on transfer of responsibility for trial court facilities

(a) Intent

The intent of this rule is to allocate among the Judicial Council, the trial courts, and Judicial Council staff, responsibility and decision making for the transfer of responsibility for trial court facilities from the counties to the Judicial Council.

(Subd (a) amended effective January 1, 2016.)

(b) Definitions

As used in this rule, the following terms have the same meaning as provided by Government Code section 70301:

(1) "Court facilities";

(2) "Maintenance";

(3) "Responsibility for facilities"; and

(4) "Shared use."

(Subd (b) amended effective January 1, 2007.)

(c) Responsibilities of the Judicial Council and the Executive and Planning Committee

The Judicial Council must determine the following issues concerning transfer of responsibility of court facilities, except in the case of a need for urgent action between meetings of the council, in which case the Executive and Planning Committee is authorized to act under rule 10.11(d).

(1) Rejection of transfer of responsibility for a building under Government Code section 70326; and

(2) A decision to dispose of a surplus court facility under Government Code section 70391(c).

(Subd (c) amended effective January 1, 2007.)

(d) Responsibilities of Judicial Council staff

Judicial Council staff are responsible for the following matters related to transfer of responsibility for court facilities, in addition to matters expressly authorized by statute:

(1) Keeping the courts informed and involved, as appropriate, in the negotiations with the counties for transfer of responsibility for court facilities;

(2) Except as provided in (c)(1), approving an agreement transferring responsibility for a court facility to the state;

(3) Administering a shared-use court facility, including:

(A) Making a decision to displace a minority county tenant under Government Code section 70344(b);

(B) Seeking a change in the amount of court space under Government Code section 70342; and

(4) Auditing the collection of fees by trial courts under Government Code section 70391(d)(1) and the money in local courthouse construction funds under Government Code section 70391(d)(2).

(Subd (d) amended effective January 1, 2016; previously amended effective January 1, 2007.)

(e) Appeal of county facilities payment amount

The Administrative Director must obtain the approval of the Executive and Planning Committee before pursuing correction of a county facilities payment amount under Government Code section 70367. This provision does not preclude the Administrative Director from submitting a declaration as required by Government Code section 70367(a). The Administrative Director must report to the Executive and Planning Committee any decision not to appeal a county facilities payment amount.

(Subd (e) amended effective January 1, 2016.)

Rule 10.183 amended effective January 1, 2016; adopted as rule 6.182 effective June 23, 2004; previously amended and renumbered as rule 10.183 effective January 1, 2007.