California 2011-2012 Regular Session Status: Enacted

AB 126 — Courts: judicial appointments.

Last action — Chaptered by Secretary of State - Chapter 667, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution requires the Governor to fill judicial office vacancies by appointment and to nominate candidates for election to the California Supreme Court and the Courts of Appeal, as specified. Existing law requires the Governor to submit to a designated agency of the State Bar of California the names of all potential appointees or nominees for judicial office for evaluation of their judicial qualifications. Existing law provides that the membership of the designated agency shall consist of attorney members and public members, and be broadly representative of the ethnic, gender, and racial diversity of the population of California, as specified. Existing law also requires, on or before March 1 of each year, the Governor, the designated agency, and the Administrative Office of the Courts to collect and release specified demographic data relative to the ethnicity, race, and gender of judicial applicants or judges, as specified. This bill would require each member of the designated agency of the State Bar responsible for evaluation of judicial candidates to complete a minimum of 60 minutes of training in the areas of fairness and bias in the judicial appointments process at an orientation for new members, and an additional 60 minutes of that training during his or her service on that agency if the member serves more than one term. The bill would revise the provision requiring the Governor, the designated agency, and the Administrative Office of the Courts to collect and release specified demographic data annually, as described above, to specifically require that the information be for the prior calendar year. The bill would also require, with respect to the collection and release of demographic data, the State Bar and the Administrative Office of the Courts to use specified ethnic and racial categories, as those categories are defined by the United States Census Bureau for the 2010 Census for reporting purposes. This bill would incorporate additional changes in Section 12011.5 of the Government Code proposed in SB 182, that would become operative only if SB 182 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 667, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 2890.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 12. Page 2167.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 14). Re-referred to Com. on APPR.

  12. Referred to Com. on JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 27. Page 1501.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 11. Noes 5.) (May 11).

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (May 3). Re-referred to Com. on APPR.

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Referred to Com. on JUD.

  23. From printer. May be heard in committee February 10.

  24. Read first time. To print.

Sponsors

  • Carter · Cosponsor
  • Davis · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Davis

Co-sponsors (1)

  • Carter

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 126 DAVIS Concurrence in Senate Amendments

Passed 51 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 502502
Democratic 1000
Total 512702
% of votes cast 64%34%0%3%
How each member voted (80)
Member Party Vote
Halderman — Nay
Fuentes — Yea
Butler — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Gordon — Yea
Allen — Yea
Hall — Yea
Hill — Yea
Huber — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Carter — Yea
Cedillo — Yea
Bonilla — Yea
Beall — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Pan — Yea
Perea — Yea
Swanson — Yea
Yamada — Yea
Campos — Yea
Garrick — Nay
Hagman — Nay
Atkins — Yea
Lara — Yea
Conway — Nay
Logue — Nay
Solorio — Yea
Wagner — Nay
Harkey — Nay
Fletcher — Nay
Knight — Nay
Nestande — Nay
Silva — Nay
Gorell — Not Voting
Jeffries — Nay
Donnelly — Nay
Mendoza — Not Voting
Morrell — Nay
Nielsen — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Ma — Yea
Mansoor — Nay
Miller — Nay
Monning — Yea
Norby — Nay
Olsen — Nay
Skinner — Yea
Smyth — Nay
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Cook — Nay
Eng — Yea
Feuer — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB126 Davis By Evans

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2000
Republican 0100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Corbett — Yea
Hancock — Yea
Hernandez — Yea
De León — Yea
Huff — Nay
Negrete McLeod — Yea
Rubio — Yea
Correa — Nay
Runner — Not Voting
Lowenthal — Not Voting
Walters — Nay
Dutton — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Anderson — Nay
Blakeslee — Yea
Harman — Not Voting
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Wolk — Yea
Cannella — Not Voting
Emmerson — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 126 DAVIS Assembly Third Reading

Passed 48 Yea · 27 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 472505
Republican 0200
Democratic 1000
Total 482705
% of votes cast 60%34%0%6%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Butler — Yea
Fong — Yea
Allen — Yea
Hill — Yea
Alejo — Yea
Carter — Yea
Cedillo — Yea
Huber — Yea
Swanson — Yea
Williams — Yea
Yamada — Yea
Furutani — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Gatto — Nay
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Chesbro — Yea
Halderman — Nay
Fletcher — Nay
Hall — Yea
Harkey — Nay
Hayashi — Yea
Conway — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Davis — Yea
Donnelly — Nay
Huffman — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Ma — Not Voting
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Pan — Not Voting
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Knight — Nay
Mansoor — Nay
Morrell — Nay
Norby — Nay
Perea — Yea
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Cook — Not Voting
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Campos — Yea
Gatto — Nay
Mitchell — Yea
Davis — Yea
Donnelly — Not Voting
Lara — Yea
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Yea
Nielsen — Nay
Solorio — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

What does AB 126 do?
The California Constitution requires the Governor to fill judicial office vacancies by appointment and to nominate candidates for election to the California Supreme Court and the Courts of Appeal, as specified. Existing law requires the Governor to submit to a designated agency of the State Bar of California the names of all potential appointees or nominees for judicial office for evaluation of their judicial qualifications. Existing law provides that the membership of the designated agency shall consist of attorney members and public members, and be broadly representative of the ethnic, gender, and racial diversity of the population of California, as specified. Existing law also requires, on or before March 1 of each year, the Governor, the designated agency, and the Administrative Office of the Courts to collect and release specified demographic data relative to the ethnicity, race, and gender of judicial applicants or judges, as specified. This bill would require each member of the designated agency of the State Bar responsible for evaluation of judicial candidates to complete a minimum of 60 minutes of training in the areas of fairness and bias in the judicial appointments process at an orientation for new members, and an additional 60 minutes of that training during his or her service on that agency if the member serves more than one term. The bill would revise the provision requiring the Governor, the designated agency, and the Administrative Office of the Courts to collect and release specified demographic data annually, as described above, to specifically require that the information be for the prior calendar year. The bill would also require, with respect to the collection and release of demographic data, the State Bar and the Administrative Office of the Courts to use specified ethnic and racial categories, as those categories are defined by the United States Census Bureau for the 2010 Census for reporting purposes. This bill would incorporate additional changes in Section 12011.5 of the Government Code proposed in SB 182, that would become operative only if SB 182 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.
Who sponsors AB 126?
AB 126 is sponsored by Carter and Davis.
What is the current status of AB 126?
This bill has been enacted into law. Introduced January 10, 2011. Enacted.
Where can I track AB 126?
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