$5 Billion State Bill Could Fund Critical Upgrade of California Courts

SACRAMENTO, Calif. — Aging courthouse facilities throughout California would be improved or replaced under a $5 billion bond plan proposed by state lawmakers.


State Senate President Pro Tem Don Perata (D-Oakland) introduced legislation authorizing major new construction and renovation projects to address the 40 most dilapidated, over-burdened and dangerous courthouses in the state.


“Everyone is guaranteed a day in court, but in California that right is jeopardized by inadequate facilities that threaten the safety of everyone in the building,” Perata says.


The bond issue would be financed by increased fees for civil lawsuit filings, parking citations and traffic school attendance.


“It is time to invest in this critical area of the state’s infrastructure in a way that does not hurt the state’s general fund,” Perata says.


The Judicial Council of the California court system estimates that 90 percent of the state’s approximately 450 court facilities require improvements to provide safe and sufficient operational space; separate and secure staff, public and offender circulation; ADA accessibility; and a protective environment for children.


“The physical condition of California’s courthouses has reached a state of crisis,” says California Supreme Court Chief Justice Ronald M. George.


Many court buildings are outmoded with staff, visitors and criminal offenders using the same access points and circulation routes. Some court facilities are so overcrowded that judges conduct hearings in the parking lot and jurors are forced to wait in stairwells.


In addition, many buildings are not seismic-safe and could suffer critical failure during an earthquake.


“Some court buildings are in such desperate shape that they no longer provide a safe and secure environment for conducting everyday court business,” George says.


Within the parameters of the 2002 Trial Court Facilities Act, the Judicial Council, which functions as the policymaking body of the California courts, developed a comprehensive plan for the renovation and replacement of courthouses that can no longer safely and effectively meet community needs and demands.


The trial court capital-outlay plan identifies 152 projects prioritized in five classification groups. The council identified 68 critical-need projects as a top priority for infrastructure improvement, 12 of which were submitted to state lawmakers for immediate funding. No funding has been made available to date, officials say.


Perata’s legislation (SB 1407) would fund the design and construction of the 12 council-recommended projects and 28 of the remaining 56 critical-need projects. The measure would also establish annual funding to support renovation and major repair projects in courthouses not prioritized for immediate replacement.


Under the proposal, increases in certain court filing fees, fines and penalties would be introduced to finance debt service and repay the bond issue. Proposed fee increases include: a $40 penalty imposed on all criminal convictions; a $25 to $35 increase in paper-filing fees; and a $40 increase in traffic school fees.


“SB1407 is a sensible long-term investment in our judicial infrastructure and relies on the users of the courts to provide support,” George says.


As a lease-revenue bond, the proposal requires approval by two-thirds of the state Legislature, but does not need the consent of voters.