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ACFLS Comments to Elkins Task Force’s Draft Recommendations

In Elkins v. Superior Court (2007) 41 Cal.4th 1337, the California Supreme Court reaffirmed the right of parties to family law proceedings to full evidentiary trials and due process of law. In his opinion, Chief Justice Ron George called for the appointment of a task force to examine how to best reform California’s family courts. Thereafter, the Judicial Council appointed the 38-member Elkins Family Law Task Force, chaired by Appellate Justice Laurie D. Zelon. The Task Force was directed to “conduct a comprehensive review of family law proceedings and recommend to the Judicial Council of California proposals that increase access to justice for all family law litigants, ensure fairness and due process, and provide for more effective and consistent family law rules,policies, and procedures.”

In response to the Task Force’s request for input from the family law bar, ACFLS submitted a report consisting of an overview of the reforms required in order for California’s family law courts to provide fair procedures and wise outcomes and a series of concrete recommendations for procedural reforms. Members of the Task Force informally advised ACFLS that they found the report extremely valuable.

The Task Force issued a 78-page report of its Draft Recommendations and requested Comments in October 2009 – setting a December 4, 2010, deadline for those comments. That deadline was extended for ACFLS to permit the Board to consider the matter at its December 5 meeting. The Task Force is scheduled to meet again on December 14, 2009. The final Task Force recommendations will go to the Judicial Council’s Family and Juvenile Law Advisory Committee in the Spring.

Since the formation of the Elkins Family Law Task Force, ACFLS has been proactive in contributing to the development of recommendations for reform of California’s family courts. Diane Wasznicky (2010 ACFLS President-Elect) chairs the Family Law Reform committee. Members are David Borges (Ex-Officio Director, Central Coast), Sharon Bryan (former Past President), Vivian Holley (Director at Large, North), Frieda Gordon (Director at Large, South), Michelene Insalaco (Director-Elect, North), Lynette Berg Robe (Legislative Coordinator) and Leslie Ellen Shear (2010 President).

The ACFLS Comments contain highly detailed and concrete responses to the Task Force’s Draft Recommendations and two suggestions for finding more family court funding. Each comment represents the consensus of the entire committee – reached over two days of intense meetings, followed by email exchanges and two extended conference call meetings.

Copies of the first ACFLS Report to the Task Force can be found here:

Elkins Report (MS Word document)

Exhibit 1 Adobe pdf

Exhibit 2 (MS Word document)

Exhibit 3 Adobe pdf

The California Courts website hosts the Task Force’s Draft Recommendations, as well as a press release, video, and other information, and the ACFLS Comments (with appendices) on those draft recommendations are posted below. Please take the time to read the ACFLS Comments to the draft recommendations of the Elkins Task Force and use your time, energy, resources and contacts to ensure that they are implemented.

ACFLS Comments to Draft Recommendations of Elkins Task Force (pdf 4.59 MB)

Appendix I (pdf 14 KB)

Appendix II (pdf 135 KB)