Proposal to Allow a Jury Trial in Child-Custody Cases
Nov 23, 2021 12:00AM ● By Office of California Secretary of State
Photo courtesy of Olichel/Pixabay
SACRAMENTO, CA (MPG) - Secretary of State Dr. Shirley N. Weber announced that the proponents of a new initiative were cleared to begin collecting petition signatures on November 12, 2021.
The Attorney General prepares the legal title and summary that is required to appear on initiative petitions. When the official language is complete, the Attorney General forwards it to the proponents and to the Secretary of State, and the initiative may be circulated for signatures. The Secretary of State then provides a calendar of deadlines to the proponents and to county elections officials. The Attorney General’s official title and summary for the measure is as follows:
Allows a party to choose to have a jury trial in child-custody and dependent-child cases. Initiative statute. Allows a party in child-custody cases to choose that a jury, rather than a judge, determines who receives legal custody of the child. Prohibits the judge from rejecting a jury’s decision in child-custody cases. Allows a party in dependent-child proceedings to choose that a jury, rather than a judge, determines whether a child should be declared a dependent of the court. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown ongoing net fiscal impact on state courts that would depend significantly on (1) how the measure is interpreted and implemented by the courts and (2) how individuals respond to the ability to demand a jury trial in child custody and juvenile dependency jurisdictional hearings. Potential ongoing increase in county costs that could reach the low millions of dollars annually related to juvenile dependency jurisdictional cases – some or all of which could be shifted to the state. (21-0019.)
The Secretary of State’s tracking number for this measure is 1913 and the Attorney General’s tracking number is 21-0019.
The proponents of the measure, Wylmina Hettinga, and Stephen Konnoff, must collect signatures of 623,212 registered voters (five percent of the total votes cast for governor in the November 2018 general election) in order for the measure to become eligible for the ballot. The proponents have 180 days to circulate petitions for the measure, meaning the signatures must be submitted to county elections officials no later than May 11, 2022. The address for the proponents is 630 Quintana Road #145,
