SECTIONS 810-811.9 - California Statutes

GOVERNMENT CODE

SECTION 810-811.9

810. Unless the provision or context otherwise requires, the
definitions contained in this part govern the construction of this
division.

810.2. "Employee" includes an officer, judicial officer as defined
in Section 327 of the Elections Code, employee, or servant, whether
or not compensated, but does not include an independent contractor.

810.4. "Employment" includes office or employment.

810.6. "Enactment" means a constitutional provision, statute,
charter provision, ordinance or regulation.

810.8. "Injury" means death, injury to a person, damage to or loss
of property, or any other injury that a person may suffer to his
person, reputation, character, feelings or estate, of such nature
that it would be actionable if inflicted by a private person.

811. "Law" includes not only enactments but also the decisional law
applicable within this State as determined and declared from time to
time by the courts of this State and of the United States.

811.2. "Public entity" includes the state, the Regents of the
University of California, the Trustees of the California State
University and the California State University, a county, city,
district, public authority, public agency, and any other political
subdivision or public corporation in the State.

811.4. "Public employee" means an employee of a public entity.

811.6. "Regulation" means a rule, regulation, order or standard,
having the force of law, adopted by an employee or agency of the
United States pursuant to the federal Administrative Procedure Act
(Chapter 5 (commencing with Section 500) of Title 5 of the United
States Code) or as a regulation by an agency of the state pursuant to
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2).

811.8. "Statute" means an act adopted by the Legislature of this
State or by the Congress of the United States, or a statewide
initiative act.

811.9. (a) Notwithstanding any other provision of law, judges,
subordinate judicial officers, and court executive officers of the
superior courts are state officers for purposes of Part 1 (commencing
with Section 810) to Part 7 (commencing with Section 995),
inclusive, and trial court employees are employees of the trial court
for purposes of Part 1 (commencing with Section 810) to Part 7
(commencing with Section 995), inclusive. The Judicial Council shall
provide for representation, defense, and indemnification of those
individuals and the court pursuant to Part 1 (commencing with Section
810) to Part 7 (commencing with Section 995), inclusive. The
Judicial Council shall provide for that representation or defense
through the county counsel, the Attorney General, or other counsel.
The county counsel and the Attorney General may, but are not required
to, provide representation or defense for the Judicial Council. The
fact that a justice, judge, subordinate judicial officer, court
executive officer, court employee, the court, the Judicial Council,
or the Administrative Office of the Courts is or was represented or
defended by the county counsel, the Attorney General, or other
counsel shall not be the sole basis for a judicial determination of
disqualification of a justice, judge, subordinate judicial officer,
the county counsel, the Attorney General, or other counsel in
unrelated actions.
(b) To promote the cost-effective, prompt, and fair resolution of
actions, proceedings, and claims affecting the trial courts, the
Judicial Council shall adopt rules of court requiring the
Administrative Office of the Courts to manage actions, proceedings,
and claims that affect the trial courts and involve superior courts,
superior court judges, subordinate judicial officers, court executive
officers, or trial court employees in consultation with the affected
courts and individuals. The Administrative Office of the Courts'
management of these actions, proceedings, and claims shall include,
but not be limited to, case management and administrative
responsibilities such as selection of counsel and making strategic
and settlement decisions.
(c) Nothing in this section shall be construed to affect the
employment status of subordinate judicial officers, court executive
officers, and trial court employees related to any matters not
covered by subdivision (a).