Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.

This bill would require the Judicial Council to establish establish, on or before July 1, 2025, judicial training programs for judges related to best practices related to treatment of sexual abuse and assault victims in courtroom cases. This bill would require that the training programs include a sexual abuse and assault victim session in any orientation session conducted for newly appointed or elected judges and an annual training session in sexual assault and abuse. This bill would require the trainings development of the training programs to include input by victim advocacy groups. The bill would require, commencing January 1, 2026, that the training programs be provided to all newly appointed or elected judges and to all judicial officers on an annual basis.

Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.

Existing law prescribes for a judge the duty to decide any proceeding in which they are not disqualified.

This bill would make a nonsubstantive change to this provision.

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 419

Author:(Bauer-Kahan) – As Amended Ver:March 29, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Judicial Council to establish judicial training programs for judges on best practices for treatment of alleged sexual abuse and assault victims in courtroom cases. The bill requires the training programs to be administered to all newly appointed or elected judges and to all judicial officers on an annual basis.

FISCAL EFFECT:

Costs in the hundreds of thousands of dollars annually (Trial Court Trust Fund, General Fund) for staffing to develop and administer the training programs required by this bill. Judicial Council reports costs of $486,000 in the first year of implementation and $463,000 annually thereafter to fund two new positions. One of those positions is included in the 2023-24 Governor’s Budget. If approved in the enacted budget, this would reduce Judicial Council’s costs to implement this bill by approximately $198,000 in the first year and $186,000 ongoing. Additional, significant costs for the time judges and judicial officers spend in training. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund.

COMMENTS:

1. Author’s Statement. According to the author,

We must ensure court room proceedings are fair, appropriate, and do not cause further harm to victims of sexual violence. AB 419 mandates that judges be trained about survivor-informed best practices for courtroom engagement with victims of sexual assault/violence. The fear of further trauma is often a barrier to victims reporting the crimes that have been committed against them. Behavior by some judges towards victims has a chilling effect that discourages more survivors from coming forward. CA courtrooms should not be causing further harm to survivors by virtue of careless or callous remarks. Victims are vulnerable in the courtroom setting, often forced to recall painful and terrifying facts while confronting their offender face to face.

1. Background. Victims of sexual abuse and assault often experience post-traumatic stress disorder and other mental health impacts. Participating in court proceedings can be re-traumatizing for these victims, especially if they must testify. This bill would require Judicial Council to implement training programs for new judges and existing judicial officers concerning best practices for courtroom treatment of victims of sexual abuse and assault. The bill requires Judicial Council to develop these trainings in consultation with victim advocacy groups. The bill would result in costs to Judicial Council to develop and administer the trainings, and for judges and other judicial officers to spend time participating in the trainings.
2. Related Legislation: AB 304 (Holden) would also require Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the council.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 28, 2023

ASSEMBLY COMMITTEE ON JUDICIARY

Brian Maienschein, Chair

ABPCA Bill Id:AB 419

Author:(Bauer-Kahan) – As Amended Ver:March 9, 2023

proposed consent (As Proposed to be Amended)

SUBJECT: Judicial officers: training: sexual abuse and assault

KEY ISSUE: should the judicial council be required to develop a training program for judicial officers regarding the treatment of alleged sexual abuse and assault victims in courtrooms?

SYNOPSIS

Significant evidence demonstrates the lifelong trauma that is caused by sexual assault and abuse. Unfortunately, in order to seek justice, many victims are forced to testify against their abusers in court and relive their trauma. Sadly, and far too frequently, judicial officers have exacerbated this trauma by questioning victims’ sincerity or making otherwise inappropriate remarks to victims about their assault. This measure, building on similar efforts in other states, would direct the Judicial Council to develop a training program for judicial officers regarding the treatment of sexual abuse and assault survivors in the court system. The Judicial Council would be required to consult with experts and advocates for victims when creating the program to ensure that the best practices will be utilizing in developing the training. Finally, proposed amendments will clarify the timelines the Judicial Council must comply with in developing the program and clarify that the training is to be provided to all new judges and to existing judicial officers on an annual basis.

This bill is supported by a local government, victims’ advocates and prosecutors who all highlight the need for judicial training regarding sexual assault and abuse victims in order to avoid further traumatizing sexual assault survivors testifying or appearing in court. This bill, both in print and as proposed to be amended, has no known opposition.

SUMMARY: Requires the Judicial Council to establish a training program for judicial officers regarding the treatment of alleged sexual abuse and assault victims in courtrooms. Specifically, this bill:

1. Requires the Judicial Council, on or before July 1, 2025, to establish judicial training programs for judges related to best practices related to the treatment of alleged sexual abuse and assault victims in courtroom cases.
2. Requires the development of the training specified in 1) to be developed with input from victim advocacy groups.
3. Requires, commencing January 1, 2026, the training program developed pursuant to 1) to be provided to all newly appointed or elected judges and annually to all judicial officers thereafter.

EXISTING LAW:

1. Authorizes the Judicial Council to conduct institutes and seminars from time to time, either regionally or on a statewide basis, for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law and promoting uniformity in judicial procedure. (Government Code Section 68551.)
2. Requires the Judicial Council to establish judicial training programs for judges, referees, commissioners, mediators, and others who are deemed appropriate who perform duties in family law matters. (Government Code Section 68553.)
3. Requires, that to the extent resources are available, the Judicial Council to provide education on mental health and developmental disability issues affecting juveniles in delinquency proceedings to judicial officers and, as appropriate, to other public officers and entities that may be involved in the arrest, evaluation, prosecution, defense, disposition, and postdisposition or placement phases of delinquency proceedings. (Government Code Section 68553.5.)
4. Requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate. (Government Code Section 68555.)
5. Permits the Judicial Council to publish and distribute manuals, guides, checklists and other materials designed to assist the judiciary. (Government Code Section 68552.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: Victims of sexual abuse and assault regularly experience post-traumatic stress disorder and other mental stressors related to their assaults. Far too often testifying in court against the perpetrator or having to describe the abuse in family law proceedings often re-victimizes these survivors. Too often court personnel, including attorneys and judges, can inadvertently make this trauma worse. Seeking to ensure that California judges are better equipped to handle the unique needs of sexual assault survivors in California courts, this bill directs the Judicial Council to develop a training program for judges regarding the treatment of alleged sexual abuse and assault victims in courtrooms. In support of this bill the author states:

Survivors are not receiving justice. We must ensure court room proceedings are fair, appropriate, and do not cause further harm to victims of sexual violence.

AB 419 mandates that judges be trained about survivor-informed best practices for courtroom engagement with victims of sexual assault/violence. The fear of further trauma is often a barrier to victims reporting the crimes that have been committed against them. Behavior by some judges towards victims has a chilling effect that discourages more survivors from coming forward.

CA courtrooms should not be causing further harm to survivors by virtue of careless or callous remarks. Victims are vulnerable in the courtroom setting, often forced to recall painful and terrifying facts while confronting their offender face to face.

There is no reason why the quest for justice and sensitivity towards crime victims has to be mutually exclusive.

Evidence demonstrates testifying in court can traumatize victims of sexual assault and abuse. A significant body of evidence suggests that sexual assaults and abuse can result in post-traumatic stress. One study noted that 94 percent of victims suffer post-traumatic stress in the immediate aftermath of an attack and upwards of 30 percent of victims experience lifelong symptoms. (US Department of Veterans Affairs, PTSD: National Center for PTSD, available at https://www.ptsd.va.gov/professional/treat/type/sexual_assault_female.asp#three.) Given that many victims experience lifelong trauma, it is imperative to reduce the instances in which a victim is forced to relive their trauma.

While testifying against a perpetrator is an unfortunate necessity for many assault survivors, far too frequently court personnel inadvertently make the experience more traumatic. For example, the State of New Jersey implemented a judicial training program after one judge asked a woman seeking a restraining order if she could have avoided the assault by, “closing her legs.” (Debra Weiss, State orders training for judges after rape comment controversies; 'good family' judge resigns, ABA Journal, Jul. 18, 2019, available at: https://www.abajournal.com/news/article/state-orders-training-for-judges-after-rape-comment-controversies-good-family-judge-resigns/.) Such inappropriate comments have also occurred in California. In the last decade, the Commission on Judicial Performance has reprimanded several bench officers for inexcusable treatment of assault victims, including one judge who publically admonished a rape victim by contending that she, “didn’t put up a fight.” (Reed, California judge says victim's body can prevent rape, The Guardian, Dec. 14, 2012, available at: https://www.theguardian.com/society/2012/dec/14/us-judge-victims-body-prevent-rape.) These inexcusable comments to victims serve only to further traumatize assault survivors and highlight a need for judges to be better equipped to handle such sensitive matters in a compassionate and respectful manner.

This bill. Recognizing the specific needs of sexual assault victims in court, this measure would direct the Judicial Council to develop training programs for judges regarding the handling of cases involving sexual abuse and assault victims. The bill would require the Judicial Council to work with assault victim advocacy groups in developing the training. Finally, the trainings would need to be developed by July 1, 2025 and be provided to judges starting in January of 2026.

Proposed author’s amendments. As currently in print, this bill does not provide guidance to the Judicial Council as to when the trainings contemplated by the bill must be developed. Accordingly, the author is proposing the following amendments to provide timelines for the Judicial Council regarding the development of the training. Thus the proposed section 68556 of the Government Code will now read:

(a) The On or before July 1, 2025, the Judicial Council shall establish judicial training programs for judges related to best practices related to treatment of alleged sexual abuse and assault victims in courtroom cases. The training programs shall include a sexual abuse and assault victim session in any orientation session conducted for newly appointed or elected judges and an annual training session in sexual assault and abuse. The trainings development of the training programs shall include input by victim advocacy groups.

(b) Commencing January 1, 2026, the training programs developed pursuant to subdivision (a) shall be provided to all newly appointed or elected judges and on an annual basis to all judicial officers thereafter.

ARGUMENTS IN SUPPORT: This measure is supported by victim advocates, several local governments, and several locally elected district attorneys. Of note, in support of this measure, the Monterey County District Attorney writes:

The proposed new training is designed to improve the ability of courts to recognize and respond to trauma resulting from sexual assaults and abuse. I believe it is important for judges to receive training from groups dedicated to working with victims of sexual assault in order to better understand victim behavior and the effects of testifying. Testifying in court can amplify trauma for victims of childhood sexual assault. Unfortunately, some judges allow abusive questioning by attorneys during cross examination, rather than controlling the courtroom and requiring respectful, professional treatment of victims. The new proposed training from those with direct experience working with victims of sexual assault will assist judges in understanding how their legal rulings may impact victims. Additionally, it seeks to inform judges on how they can mitigate any potential negative effects from testifying and establish ways to have a positive impact on a sexual assault victim’s experience with the criminal justice system.

REGISTERED SUPPORT / OPPOSITION:

Support

City of West Hollywood
Monterey County District Attorney's Office
ValorUS

Opposition

None on file

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334