Butte County

California's County Law Libraries have been in existence since the 1800s. In 1907, the provisions for county law libraries were codified in Article X, Chapter VI of Title II of the Government of Counties (Former Pol. Code §§ 4190-4204, now Bus. & Prof. Code §§ 6300-6364).

By statute, responsibility for providing suitable quarters for county law libraries and maintenance of physical plant was made the responsibility of counties (Former Pol. Code § 4198, now Bus. & Prof. Code § 6361). Responsibility for stocking county law libraries with each report of the decisions of the [state] supreme court, district courts of appeal, and of the statutes of this state, and also a copy of all such reports and statutes heretofore published was made the responsibility of the state (Former Pol. Code § 4201, subsequently Bus. & Prof. Code § 6362, 1-01-1942 to 12-31-1967). Responsibility for all other operations was made the responsibility of boards of law library trustees (Former Pol. Code §§ 4191-4195, now Bus. & Prof. Code §§ 6300, 6340-6350).

Former sections 4190 of the Political Code (as codified in 1907) and 6321 and 6322 of the Business and Professions Code (as codified in 1941) provided for a Law Library Fund of $1 from every first paper filing fee charged to plaintiff/petitioners and defendant/respondents filing first appearance fees in the Superior Court. In practice, in counties with small populations, local receipts for the law library fund that the $1 generated ‐ which at that time, to 1967, supplemented the freely-received state-supplied publications ‐ were not a sufficient source of funds to provide for a law library. The 1941 statute authorized county boards of supervisors to augment these funds "by appropriating from the county treasury for law library purposes such sums as may in their discretion appear proper."(Bus. & Prof. Code § 6324). Board of supervisors' support allowed California counties with small populations to maintain their law libraries in the decade of the 1940s ‐ forward.

After 1941, the law library portion of the "first paper" filing fee, producing the law library fund, was periodically increased by the Legislature: to not more than $2 in 1947 (Stats. 1947, Ch. 932, § 1); to not more-than $3 in 1957 (Stats. 1957, Ch. 86, § 1); to not more-than $5 in 1968 (Stats 1968, Ch. 199, § 1); to not more-than $7 in 1972 (Stats. 1972, Ch. 890, § 1); to not more-than $12 in 1980 (Stats. 1980, Ch. 64, § 1); to not more-than $20 in 1990 ‐ with one exception, created in 1990, where the law library portion was left at $12 (Stats. 1990, Ch. 56, § 1).

In 1990 the Legislature approved a long term solution to the Legislature's need to continuously adjust the law library's share of the first-paper fee to defray the expenses of the library by giving county boards of supervisors the discretionary authority to add a local fee of up-to three additional dollars each year to the statutory base. (This power lasted until 2005.)

Thus, it was stated in Statutes 1990, chapter 56, sections 1 and 7:

"After January 1, 1995, the board of supervisors of the county may increase those costs to an amount over twenty dollars ($20) but in no case may this increase in any year be greater than three dollars ($3)."

"It is the intent of the Legislature for California to continue its century old tradition of making legal materials available to all its citizens via adequately funded, staffed, and maintained county law libraries. ...County boards of supervisors are charged with the responsibility of monitoring the needs of the county law library within their respective jurisdictions and adjusting filing fees as permitted by the provisions of that chapter to enable the county law library to fulfill its defined mission."

Between 1994 and 2005, 44 county boards of supervisors imposed local fees to keep their law libraries viable. Prior-to 2006, these fees were added-to the State-scheduled general filing fee.

The statewide effect of local law library fees and other local charges that supported other local programs pursuant to State Law resulted in varying filing fees from county-to-county. This led to a call for legislation to standardize filing fees statewide, resulting in the Uniform Civil Fee and Standard Fee Schedule Act of 2005.

The Uniform Civil Fee and Standard Fee Schedule Act of 2005 (Stats. 2005, ch. 75 (AB 145)) established a uniform schedule of filing fees, of $320, $300, $180, and $165 (depending on the type of case) for filings in the Superior Court, effective 1-01-2006. These fees contained the 1990 law library fee of $20, plus whatever county-added fees were added, and the $12 fee for assignee claims, established by existing law.

Local law library fee ordinances were abrogated by the 2005 legislation. Retained, however, in Sections 7 and 10 of the Act, was the authority of county boards of supervisors, for a limited time, to direct an increase in the law library's portion of the filing fee: to direct that for every first-paper filed in a Civil, Family or Probate proceeding, by other-than an assignee, that the Administrative office of the Courts would allocate up to an additional $3 per year to the law library fund ‐ but without any increase in any fee. The request could be made annually, in 2005, in 2006, and in 2007 so long as the fee allocation increase did not take effect after January 1, 2008.

Thereafter, 36 county boards of supervisors received the increased allocations provided-for in the Act. Butte County Public Law Library's portion of the filing fee, for example, increased from $29 and $12, in 2005, to $32, $12 and $2, in 2006, and from $32, $12 and $2, in 2006, to $35, $12 and $2, in 2007.

Pursuant to these actions, for example, revenues to the Butte County Public Law Library fund increased from $180,588 in 2006-'07 to $208,306 in 2007-'08. Revenues fell thereafter owing to a decrease in paid filings.

Statutes 2008, chapter 462 (AB 2448) found and declared that our legal system cannot provide "equal justice under law" unless all persons have access to the courts without regard to their economic means. California law and court procedures should ensure that court fees are not a barrier to court access for those with insufficient economic means to pay those fees. That fiscal responsibility should be tempered with concern for litigants' rights to access the justice system. The procedure for allowing the poor to use court services without paying ordinary fees must be one that applies rules fairly to similarly situated persons, is accessible to those with limited knowledge of court processes, and does not delay access to court services.

Statutes 2008, chapter 311 (SB 1407) increased the superior court filing fees established at $320, $300, $180, and $165 in 2005, to $355, $330, $205, and $181, respectively; no part of any supplemental fee provided-for in that chapter was allocated to the law library fund.

Statutes 2010, chapter 720 (SB 857), section 18, effective October 19, 2010, increased the first-paper filing fees established at $355, $330, $205, and $181 in 2008 to $395, $370, $225, and $181, respectively; no part of any supplemental fee provided-for in that Section was allocated to the law library fund.

Statutes 2012, chapter 41 (SB 1021) increased the first-paper filing fees established at $395, $370, $225, and $181 in 2010 to $435, $370, $225 and $181; no part of any supplemental fee provided-for in that Section was allocated to the law library fund.

First-paper filings declined and applications for initial waivers of court fees and costs increased during the Great Recession ‐ resulting in a 26 percent drop in paid court filings.