SECTIONS 72004-72011 - California Statutes

GOVERNMENT CODE

SECTION 72004-72011

72004. Sections 24350 to 24356, inclusive, and Sections 29350 and
29351 apply to officers of superior courts and to the disposition of
fees collected by those officers.

72010. (a) On or before July 1, 2011, and periodically thereafter
as appropriate, the Judicial Council shall enter into one or more
master agreements with a vendor or vendors to provide for telephone
appearances in civil cases under Section 367.5 of the Code of Civil
Procedure or as otherwise authorized by law.
(b) Each master agreement shall include the following:
(1) The amount of the fees to be paid by a party for a telephone
appearance.
(2) The amounts to be deposited in the Trial Court Trust Fund
described in Section 72011.
(3) A requirement that the vendor submit a quarterly report
setting forth the number of fees collected, number of liens
established, and the amount collected from previously waived fees
pursuant to Section 367.6 of the Code of Civil Procedure.
(4) A statement that the vendor shall indemnify and hold the court
harmless from claims arising from a failure or interruption of
services.
(5) Other terms as the Judicial Council deems appropriate,
including, but not limited to, the services and equipment to be
provided by vendors to the courts and the assistance to be provided
by vendors to callers.
(c) A court may make telephone appearances available to a party
only through one or more of the following methods:
(1) An agreement with one or more of the vendors under the master
agreements provided by this section.
(2) An agreement entered into between a court and a vendor prior
to July 1, 2011, and which has not expired. If a contract is subject
to cancellation by a court after July 1, 2011, that court shall
exercise its option to cancel the contract as soon after July 1,
2011, as is legally possible to do so.
(3) Direct provision by the court of telephone appearance services
to a party. If the court provides the services directly, the court
shall collect the fees for telephone appearances adopted by the
Judicial Council in accordance with Section 367.6 of the Code of
Civil Procedure and the master agreement or agreements entered into
pursuant to this section. A judicial officer may, in his or her
discretion, waive telephone appearance fees for parties appearing
directly by telephone in that judicial officer's courtroom.

72011. (a) For each fee received for providing telephone appearance
services, each vendor or court that provides for appearances by
telephone shall transmit twenty dollars ($20) to the State Treasury
for deposit in the Trial Court Trust Fund established pursuant to
Section 68085. If the vendor or court receives a portion of the fee
as authorized under paragraph (2) of subdivision (b) of Section 367.6
of the Code of Civil Procedure, the vendor or court shall transmit
only the proportionate share of the amount required under this
section. This section shall apply regardless of whether the Judicial
Council has established the statewide uniform fee pursuant to Section
367.6 of the Code of Civil Procedure, or entered into one or more
master agreements pursuant to Section 72010. This section shall not
apply when a vendor or court does not receive a fee.
(b) The amounts described in subdivision (a) shall be transmitted
within 15 days after the end of each calendar quarter for fees
collected in that quarter.
(c) Vendors shall also transmit an amount equal to the total
amount of revenue received by all courts from all vendors for
providing telephonic appearances for the 2009-10 fiscal year.
(d) The amounts set forth in subdivision (c) shall be apportioned
by the Judicial Council among the vendors with which the Judicial
Council has a master agreement pursuant to Section 72010. Within 15
days of receiving notice from the Judicial Council of its apportioned
amount, each vendor shall transmit that amount to the State Treasury
for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall allocate the amount collected
pursuant to subdivisions (c) and (d) for the purpose of preventing
significant disruption in services in courts that previously received
revenues from vendors for providing telephone appearance services.
The Judicial Council shall determine the method and amount of the
allocation to each eligible court.
(f) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

72011. (a) Vendors that provide for appearances by telephone shall
transmit an amount equal to, and not to exceed, the total amount of
revenue received by all courts from all vendors for providing
telephone appearances for the 2009-10 fiscal year.
(b) The amount set forth in subdivision (a) shall be apportioned
by the Judicial Council among the vendors with which the Judicial
Council has a master agreement pursuant to Section 72010. Within 15
days of receiving notice from the Judicial Council of its apportioned
amount, each vendor shall transmit that amount to the State Treasury
for deposit in the Trial Court Trust Fund established pursuant to
Section 68085.
(c) The Judicial Council shall allocate the amount collected
pursuant to subdivisions (a) and (b) for the purpose of preventing
significant disruption in services in courts that previously received
revenues from vendors for providing telephone appearance services.
The Judicial Council shall determine the method and amount of the
allocation to each eligible court.
(d) This section shall become operative on July 1, 2013.