This part may be cited as the California Judicial Branch Contract Law.
Part 2.5CONTRACTING BY JUDICIAL BRANCH ENTITIES
Section § 19201
This section simply states the official name for a set of regulations, which is the California Judicial Branch Contract Law.
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Section § 19202
This law is about organizing all rules for public contracts involving judicial branch entities into one section to improve clarity and accessibility. The lawmakers aim to align this with specific goals mentioned in other sections (100, 101, and 102).
The Legislature finds and declares that placing all public contract provisions for judicial branch entities in one part will make that law clearer and easier to find. Further, it is the intent of the Legislature in enacting this part to achieve the objectives as set forth in Sections 100, 101, and 102.
public contract provisions judicial branch entities law clarity organizational intent legislative objectives Sections 100 101 102 contract law organization judicial contracts law simplification accessibility of law
Section § 19203
This law applies to any new contracts or changes to existing contracts made by judicial branch organizations from October 1, 2011, onward.
This part shall apply to all contracts initially entered into or amended by judicial branch entities on or after October 1, 2011.
judicial branch contracts contract amendments contract initiation judicial entities contractual requirements post-2011 contracts contract applicability amended contracts judicial compliance contract enforcement public contracts contractual obligations contract commencement date ongoing contracts contract governance
Section § 19204
This law specifies how judicial branch entities in California must handle procurement and contracting, particularly for goods, services, and information technology. Contracts worth more than $1 million require review by the Bureau of State Audits, while IT projects over $5 million need evaluation by the California Technology Agency. The law clarifies that rules for procurement of court facilities' construction or related activities do not apply, except for maintenance of certain facilities. Until a Judicial Branch Contracting Manual is adopted, general state contracting rules apply.
(a)CA Public Contract Code § 19204(a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with
total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, as specified in Section 68511.9 of the Government Code.
(b)CA Public Contract Code § 19204(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.
(c)CA Public Contract Code § 19204(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part
shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.
(d)CA Public Contract Code § 19204(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies.
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Section § 19205
This law section defines what is considered a 'judicial branch entity' in California. It includes any superior court, court of appeal, the California Supreme Court, the Judicial Council, the Habeas Corpus Resource Center, and the Administrative Office of the Courts. Additionally, when the code refers to an officer or employee of a state agency, it specifically means anyone who is part of these judicial entities, whether a member, judicial officer, or employee.
(a)CA Public Contract Code § 19205(a) As used in this part, “judicial branch entity” means any superior court, court of appeal, the California Supreme Court, the Judicial Council, the Habeas Corpus Resource Center, or the Administrative Office of the Courts.
(b)CA Public Contract Code § 19205(b) Where there is a reference in this code to an officer or employee of a state agency, for purposes of this part, these terms shall refer to a member, judicial officer, officer,
employee, or other person of a judicial branch entity, as applicable.
judicial branch entity superior court court of appeal California Supreme Court Judicial Council Habeas Corpus Resource Center Administrative Office of the Courts state agency officer state agency employee judicial officer court employee
Section § 19206
This law requires the Judicial Council to create and publish a Judicial Branch Contracting Manual by January 1, 2012. This manual must include rules and steps for buying goods and services, which all judicial branch entities have to follow. Each entity also needs to have its own local contracting manual that aligns with the broader guidelines. The manuals should match the general state policies outlined in the State Administrative Manual and the State Contracting Manual.
The Judicial Council shall adopt and publish no later than January 1, 2012, a Judicial Branch Contracting Manual incorporating procurement and contracting policies and procedures that must be followed by all judicial branch entities subject to this part. The policies and procedures shall include a requirement that each judicial branch entity shall adopt a local contracting manual for procurement and contracting for goods or services by that judicial branch entity. The policies and
procedures in the manuals shall be consistent with this code and substantially similar to the provisions contained in the State Administrative Manual and the State Contracting Manual.
Judicial Council Judicial Branch Contracting Manual procurement policies contracting procedures judicial branch entities local contracting manual State Administrative Manual State Contracting Manual procurement contracting guidelines goods or services procurement judicial entity requirements manual consistency local policy adoption state policy alignment
Section § 19207
This law states that, unless another law specifically demands it, other state entities are not required to approve, review, or get involved in the judicial branch's process of getting goods or services, including technology-related purchases. The goal is to allow the judicial branch to operate independently in these matters.
Except as provided in subdivision (a) of Section 19204 or as otherwise specifically required by law applicable to any judicial branch entity, nothing in this part is intended, nor shall it be construed, to require the approval, review, or involvement of any other state entity, including, but not limited to, the Department of General Services or the Secretary of California Technology, in the procurement of any judicial branch goods or services, including information technology goods or
services.
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Section § 19208
This law section clarifies that nothing in this part of the code should be interpreted in a way that makes provisions apply to state agencies and departments if they normally wouldn't.
Nothing in this part is intended, nor shall it be construed to permit, the application of provisions of this code that do not apply to state agencies and departments.
state agencies code provisions interpretation restrictions department exemptions application limitations code interpretation state department exclusions provision applicability legal interpretation exemptions for state departments
Section § 19209
This law requires the Judicial Council to deliver an annual report by September 30 to the Joint Legislative Budget Committee and the State Auditor detailing trial court contracts and payments for the previous fiscal year ending June 30. The report should list vendors or contractors paid, along with details about the payments and services provided. It should also include details of all trial court contracts and any modifications made during the reporting period, documenting vendor information, services, and amendment specifics. Additionally, judicial branch entities using California's Financial Information System (FISCal) must post contracting information on transparency websites for public access and audit purposes.
(a)CA Public Contract Code § 19209(a) Notwithstanding Section 10231.5 of the Government Code, the Judicial Council shall annually provide a report to the Joint Legislative Budget Committee and the State Auditor that provides information related to contracts and payments for the trial courts pursuant to subdivisions (b) and (c). The report shall be provided no later than September 30 of each year, covering the state fiscal year ending June 30 of that year. Additionally, judicial branch entities using the Financial Information System for California (FISCal) shall participate with the state’s transparency effort by making their contract and payment information available for the state’s transparency websites on a rolling basis. For these entities, the judicial branch shall ensure their
contract and payment information is entered in FISCal for the state transparency websites and for state department audit purposes.
(b)CA Public Contract Code § 19209(b) For the trial courts, payment data shall include a list of all vendors or contractors receiving payments during the reporting period. For each vendor or contractor receiving any payment during the reporting period, the report shall identify the amount of payment to the contractor or vendor, the type of service or good provided, and the judicial branch entity or entities with which the vendor or contractor was contracted to provide that service or good.
(c)CA Public Contract Code § 19209(c) For the trial courts, the report shall include all contracts and contract amendments made during the report period. The report shall identify the vendor or contractor, the type of
service or good provided under the contract, and, if applicable, the nature of the amendment, the duration of the amendment, and the cost of the amendment.
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Section § 19210
This law details the responsibilities of the California State Auditor in auditing judicial branch entities. The Auditor must identify five judicial entities, excluding the Administrative Office of the Courts, every three years starting in 2025, to check their compliance and implementation of certain practices. Key factors for selecting these entities include changes in requirements, time since last audit, previous deficiencies, and management changes.
The Auditor must notify legislative committees of the selected entities and estimated audit costs. Audits should start by July 1 of the year identified, and a final report, including responses from the audited entities, should be delivered by January 15.
If additional audits are deemed necessary, they can be carried out with separate appropriations. Biennial audits of the Administrative Office of the Courts are also required, starting in 2015 and moving to a three-year cycle in 2025. The Auditor can follow up on any findings anytime, ensuring compliance with specific government statutes. Unspent audit funds are returned to their original source after final reports. The Auditor can combine audit results from related sections if chosen as the auditing entity under a separate statute.
(a)CA Public Contract Code § 19210(a) The California State Auditor shall do all of the following:
(1)CA Public Contract Code § 19210(a)(1) On or before March 15, 2014, biennially thereafter, and every three years beginning in calendar year 2025, identify five judicial branch entities, excluding the Administrative Office of the Courts, for audit to assess the implementation of this part by the judicial branch entity based upon risk factors that include, but are not limited to, all of the following:
(A)CA Public Contract Code § 19210(a)(1)(A) Significant changes in legal or other requirements that have occurred that impact compliance with this part.
(B)CA Public Contract Code § 19210(a)(1)(B) The amount of
time since the last audit performed of the identified judicial branch entity to assess its implementation and compliance with this part.
(C)CA Public Contract Code § 19210(a)(1)(C) Previous audit results or known deficiencies.
(D)CA Public Contract Code § 19210(a)(1)(D) Significant or unusual changes in management or high employee turnover.
(E)CA Public Contract Code § 19210(a)(1)(E) The complexity and size of the judicial branch entity.
(F)CA Public Contract Code § 19210(a)(1)(F) The level of sophistication and complexity of existing contracting practices and procedures.
(G)CA Public Contract Code § 19210(a)(1)(G) The total volume and type of procurement made by the judicial branch entity compared with overall judicial branch procurement.
(H)CA Public Contract Code § 19210(a)(1)(H) Substantial changes in total procurements, including, but not limited to, number and allotted amount, from one year to the next.
(2)CA Public Contract Code § 19210(a)(2) On or before March 15 of the year in which the judicial branch entities are identified pursuant to paragraph (1), notify the Joint Legislative Budget Committee and the Joint Legislative Audit Committee of the five judicial branch entities identified and the estimated cost to conduct an audit of each judicial branch entity.
(3)CA Public Contract Code § 19210(a)(3) On or before July 1 of the year in which the judicial branch entities are identified, commence an audit of each identified judicial branch entity, subject to an appropriation for this audit whereby moneys are allocated in the annual Budget Act to one or more funds that are available for use by judicial branch
entities. Upon completion of the final audit report, as identified in paragraph (4), the Administrative Office of the Courts shall reimburse the California State Auditor for the actual costs of the work performed.
(4)CA Public Contract Code § 19210(a)(4) Provide the judicial branch entity with a reasonable opportunity to respond to the findings of the audit. An audit report shall not be considered final until this opportunity is provided and any response is included or incorporated into the audit report.
(5)CA Public Contract Code § 19210(a)(5) On or before January 15 of the fiscal year for which the appropriation for the audit was made, report the judicial branch entity audit findings, including any response by the judicial branch entity, to the judicial branch entity, the Legislature, the Judicial
Council, and the Department of Finance.
(6)CA Public Contract Code § 19210(a)(6) Annually provide updates to the Legislature on the status of the judicial branch entity implementation of an audit recommendation.
(b)CA Public Contract Code § 19210(b) If, on or before March 15 of the year in which the judicial branch entities are identified pursuant to subdivision (a), the California State Auditor identifies, on the basis of the risk factors described in subdivision (a), judicial branch entities for audit in addition to the five identified pursuant to subdivision (a) and notifies the Joint Legislative Budget Committee and the Joint Legislative Audit Committee of these additional entities, along with the estimated cost of each audit, and an appropriation is made for this purpose in the same manner as described in paragraph (3) of
subdivision (a), the California State Auditor shall then audit the additional judicial branch entities and provide a final audit report as described in paragraphs (4) and (5) of subdivision (a).
(c)CA Public Contract Code § 19210(c) On or before July 1, 2015, biennially thereafter, and every three years beginning in calendar year 2025, the California State Auditor shall commence an audit of the Administrative Office of the Courts, to assess the implementation of, and compliance with, this part, subject to an appropriation by the Legislature to the Judicial Council for transfer to the State Audit Fund for this purpose, and provide a final audit report in the manner described in paragraphs (4) and (5) of subdivision (a).
(d)CA Public Contract Code § 19210(d) The California State Auditor may follow up on a prior audit finding at any time.
(e)CA Public Contract Code § 19210(e) The California State Auditor shall conduct an audit pursuant to this section in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code. Pursuant to Section 8546.2 of the Government Code, the California State Auditor shall request updates from an audited judicial branch entity regarding its progress in implementing audit recommendations made pursuant to this section. The audited judicial branch entity shall provide these updates at intervals prescribed by the California State Auditor so that the California State Auditor may conduct appropriate followup activities.
(f)CA Public Contract Code § 19210(f) Moneys that have been transferred to the State Audit Fund pursuant to this section to audit a specific judicial branch entity, but have not been expended by the
California State Auditor at the time the California State Auditor provides its final audit report for that judicial branch entity, shall revert back to the fund from which the moneys were transferred.
(g)CA Public Contract Code § 19210(g) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(h)CA Public Contract Code § 19210(h) If the California State Auditor is selected as the auditing entity pursuant to subdivision (j) of Section 77206 of the Government Code, then the California State Auditor may combine the results of an audit of a trial court conducted pursuant to that section with an audit of the same trial court conducted pursuant to this section. The California State Auditor may also combine the results of an audit of the Administrative Office of the Courts pursuant to
Section 77206 of the Government Code with the results of an audit of the Administrative Office of the Courts pursuant to this section.
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