California's courts say they need 98 more judges. This year's budget funds 13.
Summary
The Judicial Council's own 2022 needs assessment found a statewide shortfall of 98 trial-court judgeships, concentrated in five fast-growing counties. The 2026-27 state budget funds 13 new ones, phased in over five years. In Riverside County alone, courts have dismissed 494 cases for calendar congestion since January 2023, and spent about 3 million dollars last year on temporary judges to cover the gap.
How the gap is measured
Since 2001, the Judicial Council of California has assessed judicial need with a weighted-caseload model: every case type is assigned a "caseweight" — the time a judicial officer typically needs to process it — built from a time study of more than 900 judges across 19 courts. Multiply caseweights by each county's filings and you get an assessed need in judicial-officer full-time-equivalents; subtract the positions a court already has, round down, and you get the number of new judgeships that court needs. The Council is required to update this report to the Governor and Legislature every two years. Its most recent completed report, the 2022 Update of the Judicial Needs Assessment, found that 17 of California's 58 superior courts needed a combined 98 new judgeships. That report is still the operative one: the routine 2024 update was formally deferred in an October 2024 letter to the Governor and Legislature because the underlying time study, due for its five-year refresh in 2023, had slipped to 2025 — and as of Chief Justice Patricia Guerrero's March 2026 State of the Judiciary address, no update had replaced it. The state is currently funding judgeships against a four-year-old count.
View data as table
| San Bernardino | 30 judgeships | 100.0 funded vs. 130.5 assessed need |
|---|---|---|
| Riverside | 22 judgeships | 89.0 funded vs. 111.7 assessed need |
| Kern | 11 judgeships | 47.0 funded vs. 58.8 assessed need |
| Fresno | 7 judgeships | 53.0 funded vs. 60.0 assessed need |
| San Joaquin | 6 judgeships | 35.5 funded vs. 41.8 assessed need |
| Sacramento | 4 judgeships | 77.5 funded vs. 82.2 assessed need |
| Tulare | 3 judgeships | 25.0 funded vs. 28.6 assessed need |
| Merced | 2 judgeships | 13.0 funded vs. 15.1 assessed need |
| Stanislaus | 2 judgeships | 26.0 funded vs. 28.1 assessed need |
| Placer | 2 judgeships | 15.5 funded vs. 17.5 assessed need |
| Kings | 2 judgeships | 10.6 funded vs. 13.0 assessed need |
| Madera | 2 judgeships | 10.3 funded vs. 12.3 assessed need |
| Orange | 1 judgeship | 144.0 funded vs. 145.3 assessed need |
| Shasta | 1 judgeship | 13.0 funded vs. 14.9 assessed need |
| Humboldt | 1 judgeship | 8.0 funded vs. 9.3 assessed need |
| Lake | 1 judgeship | 4.7 funded vs. 5.5 assessed need |
| Tehama | 1 judgeship | 4.3 funded vs. 5.6 assessed need |
Two counties account for more than half the statewide gap. San Bernardino's court is funded for 100 judicial positions against an assessed need of 130.5 — a 30-judgeship shortfall, the largest in the state. Riverside is funded for 89 against a need of 111.7, a gap of 22. Both are in the fastest-growing part of the state; both have carried the state's largest judgeship deficits through multiple assessment cycles.
What the state actually funds
New judgeships don't arrive in one act. The most recent block the state fully funded — 50 judgeships authorized in 2007 under AB 159 — took fifteen years to pay for in full, arriving in three separate allocations that Chief Justice Guerrero itemized in her 2026 address: two positions in 2018, 25 in 2019, and the last 23 in the 2022 Budget Act.
View data as table
| 2018 | 2 judgeships funded | allocated to Riverside County |
|---|---|---|
| 2019 | 25 judgeships funded | statewide allocation |
| 2022 | 23 judgeships funded | closes out the 2007 authorization |
That block closed out the same year the Council's next assessment found a fresh 98-judgeship gap behind it. Against that backlog, the 2026-27 budget funds 13 new judgeships — phased in over five years, per Chief Justice Guerrero's June 30, 2026 budget statement — with $20.5 million allocated this year just to build the courtrooms for the first three, in Kings, Sutter, and San Joaquin counties. Thirteen new positions against a 98-judgeship gap narrows it by barely more than a tenth, and only once all thirteen are seated.
The cost of waiting
Understaffed courts don't stop hearing cases; they cover the gap with temporary assigned judges and, eventually, with dismissals. In her 2026 address, Chief Justice Guerrero cited Riverside County — the state's second-largest shortfall — as the clearest example of both costs. Between January 9, 2023 and March 6, 2026, Riverside's superior court dismissed 437 misdemeanor and 57 felony cases under Penal Code section 1050(j), which allows dismissal when a court's own calendar congestion prevents a timely hearing — 494 cases closed not on their merits, but because the court ran out of judges to hear them. Riverside also draws more heavily on the Judicial Council's Temporary Assigned Judges Program than any other county in the state; covering its gap with borrowed judges cost about $3 million in the last fiscal year alone, a recurring expense that a funded judgeship, once seated, replaces outright.
The takeaway
- The state is budgeting against old data. The 98-judgeship figure driving current funding decisions is from October 2022; the routine 2024 update was deferred and, as of the Chief Justice's March 2026 address, hadn't been replaced.
- Authorization and funding are two different waits. The last comparable block of judgeships — 50 authorized in 2007 — took until 2022 to fund in full, in three separate allocations over fifteen years.
- The gap has a price, and it's paid annually. Riverside County alone spent roughly $3 million on temporary judges last year and dismissed 494 cases for calendar congestion since 2023 — recurring costs that persist for every year a judgeship stays unfunded.
Judgeship-need figures are from the Judicial Council's October 2022 assessment, the most recent completed update as of publication. Dismissal and temporary-judge cost figures for Riverside County are as cited by Chief Justice Guerrero in her March 23, 2026 address and cover the periods she specified, not a full fiscal year in every case.
Sources
- Judicial Council of California, The Need for New Judgeships in the Superior Courts: 2022 Update of the Judicial Needs Assessment (October 2022) — source for the statewide 98-judgeship gap, the 17-court breakdown, the weighted-caseload methodology, and the 2007 AB 159 authorization of 50 judgeships. courts.ca.gov
- Judicial Council of California, letter to Governor Newsom, Senate President pro Tempore McGuire, and Speaker Rivas deferring the 2024 Update of the Judicial Needs Assessment (October 31, 2024) — source for the deferral and the reason (delayed judicial-workload time study). courts.ca.gov
- Chief Justice Patricia Guerrero, 2026 State of the Judiciary address to the California Legislature (March 23, 2026) — source for the 2018/2019/2022 funding allocations of the 50 AB 159 judgeships, the 494 Riverside County dismissals under Penal Code section 1050(j), and the roughly $3 million cost of Riverside's temporary assigned judges in the last fiscal year. newsroom.courts.ca.gov
- Chief Justice Patricia Guerrero, statement on the judicial branch budget for fiscal year 2026-27 (June 30, 2026) — source for the 13 new judgeships funded over five years in the 2026-27 budget. newsroom.courts.ca.gov
- California Legislative Analyst's Office, The 2026-27 Budget: Judicial Branch — independent fiscal analysis; source for the $5.7 billion total judicial branch budget and the $20.5 million allocated to build courtrooms for the first three of the 13 new judgeships, in Kings, Sutter, and San Joaquin counties. lao.ca.gov
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A judgeship is not a budget line. California can raise the judicial branch's operating budget — $5.7 billion in all-fund spending for 2026-27, per the Legislative Analyst's Office — in a single appropriations act. Creating and filling a new judgeship is a separate, slower act of its own: the Legislature has to authorize the position, then a later budget has to fund it, then a county has to build it a courtroom. Each step can stall independently, and the gap between what the courts say they need and what the state has actually funded has been open for years.