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Assembly Budget Committee hears authorization request for up to $25M for federal litigation and $25M for civil legal services

January 27, 2025 | Budget, Standing Committees, California State Assembly, House, Legislative, California


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Assembly Budget Committee hears authorization request for up to $25M for federal litigation and $25M for civil legal services
The Assembly Budget Committee held an informational hearing on two special-session bills that would authorize state funding to prepare for and respond to potential federal actions and to expand civil legal services for Californians.

Erica Lee, the Department of Finance presenter, told the committee that “the first bill is SBX11. This bill establishes a mechanism to provide up to 25,000,000 general fund to state entities, including the Department of Justice for increased litigation costs with the federal government, during this current year, fiscal year.” She said SBX12 would “provide 25,000,000 general fund for civil legal assistance for Californians,” allocating $10,000,000 to the Legal Services Trust Fund Commission, $10,000,000 to the Department of Social Services for immigration-related services, and $5,000,000 to the California Access to Justice Commission.

Why it matters: committee members framed the bills as two kinds of spending—a contingency authorization so state agencies can respond quickly if federal actions threaten rights or funding, and near-term grant dollars to expand civil legal assistance and ‘‘know your rights’’ outreach. Supporters said legal aid funding will help mixed-status and low-income Californians access housing, domestic violence and immigration-related services; supporters also argued that authorizing litigation funds can deter federal overreach and has returned funds to the state in past legal challenges.

Committee discussion focused on scope, oversight and timing. Members pressed Finance and Budget staff on (1) how narrowly the bills tie the funds to particular harms named in the bill text (eviction risk, wage theft and intimate‑partner violence), (2) which existing funds might cover litigation now, and (3) how quickly the grant dollars could be distributed.

On definitions and scope, Jennifer Kim of Assembly Budget Committee staff said the civil legal assistance uses are not new: the Equal Access Fund and similar programs already support many of those services. Kim also confirmed that the SBX11 language would require the Department of Justice to report annually to the Joint Legislative Budget Committee "on or before August 1st through 2028" on administrative actions and outside counsel use, and to maintain a publicly accessible website detailing litigation against the federal government.

On existing resources, committee members noted other state funds that have supported litigation. A committee member observed that a litigation deposit fund currently holds a substantial balance (the member cited roughly $142,000,000); staff explained that the litigation deposit fund and the Equal Access Fund have different purposes and oversight, and that DOJ also has a base appropriation that staff said is currently about $2,500,000 specifically for defending California against federal action. Staff also recalled a prior regular‑session allocation of $6,500,000 to DOJ during the prior administration.

On timing and implementation, the Access to Justice Commission chair and budget staff said the commission can move quickly: the commission previously received a grant appropriation in 2024 and could release funds within about two months after enactment; Department of Social Services staff said the immigration services grant program could begin distributing the additional $10,000,000 in roughly three months but could take six months or more if local grantees need capacity-building.

Members also debated policy and optics. Some members urged caution, saying the state should focus on wildfire recovery and other pressing needs rather than pre-authorizing litigation funds in a special session; other members said authorizing funds now is a prudent step to protect Californians’ rights and the state’s fiscal interests if federal actions threaten funding or legal protections. Several members described past California litigation against the prior federal administration and credited those suits with returning federal funds or blocking policies the state viewed as unlawful.

Public commenters included immigration‑service providers, legal aid coalitions and county officials who urged passage of the civil legal services funding. Elise Borth of the Immigrant Legal Resource Center said the funding “will be a vital lifeline to help thousands of Californians access the quality support that they so desperately need.” Catherine Blakemore, chair of the California Access to Justice Commission, said the commission is prepared to distribute funds statewide and target smaller, rural providers.

Next steps: committee members were reminded that the special‑session bills will be taken to the floor for a vote later in the week. No formal committee vote was taken at the hearing. The bills include reporting and transparency provisions and, as described during the hearing, require notification to the Joint Legislative Budget Committee and a review period before funds would be accessed under SBX11.

The hearing record contains extended discussion of the bills’ allocations, oversight requirements and implementation timelines, and reflects both support for immediate legal‑service funding and concern about authorizing contingency litigation funding during an active disaster recovery period.

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