Volume 6 Issue 10

Indicates featured legislation

Jurisdiction: Newly Introduced

Kentucky HB 493 (Constitutional Amendment) Prohibits courts forcing General Assembly to make, increase, decrease, or refrain from making an appropriation, imposing, increasing, or decreasing a tax or fee, or refrain from imposing a tax or fee unless prohibited by the Constitution. Requires courts to adhere to budget set by General Assembly. Requires publication of court rules and administrative procedures. Specifies that the adequacy of compensation and other fiscal matters relating to the courts are set by the General Assembly and to require court acquisition of real property by purchase, lease, or otherwise and major renovations to be approved by the General Assembly. In House Elections, Const. Amendments & Intergovernmental Affairs Committee.

Jurisdiction: Floor and Committee Activity

Alabama SB 84 (Constitutional Amendment) Defines foreign law as "any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama." Provides "A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States." Approved by Senate Committee on Judiciary 3/1/12.

Arizona SB 1310 Increases small claims jurisdiction from $2,500 to $10,000. Approved by full Senate 2/28/12.

Arizona SB 1311 Increases justice of the peace civil jurisdiction from $10,000 to $25,000. Approved by full Senate 2/27/12.

Arizona SCR 1032 (Constitutional Amendment) Increases justice of the peace civil jurisdiction from $10,000 to $25,000. Approved by full Senate 3/1/12.

Florida HB 1209 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares "Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution." Approved by full House 3/1/12.

Florida SB 1360 Provides that any court decision or ruling based, in whole or in part, on any foreign law or legal code that does not grant the parties affected by the ruling the same fundamental liberties, rights, and privileges granted by the State Constitution or the Constitution of the United States violates public policy and is void and unenforceable. Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriation 2/28/12.

Missouri HB 1636 Allows certain cities, town, and villages to elect to have only certain municipal ordinance violations heard by an associate circuit court or county municipal court. Approved by House Judiciary Committee 2/29/12.

Missouri SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.

Oklahoma SB 1346 Provides in the event of an ethical disqualification by a municipal judge, the senior municipal judge may appoint, on a case-by-case basis, a sitting municipal judge in another municipality within the same county or an adjacent county to act as a special judge for the purposes of hearing the case. Approved by Senate General Government Committee 2/28/12.

South Dakota HB 1253 Prohibits judicial enforcement of any religious codes. Approved by full Senate 2/28/12. To Governor for approval.

Qualifications and Terms: Newly Introduced

Louisiana SB 186 (Constitutional Amendment) Specifies person to fill judicial or other vacancy must be eligible to be a candidate to that same office. In Senate Government Affairs Committee

Qualifications and Terms: Floor and Committee Activity

Alabama SB 256 Increases mandatory retirement age for judges from 70 to 75. Approved by Senate Judiciary Committee 3/1/12.

Florida SJR 408 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 75. Approved by full House 2/29/12.

Virginia SB 95 Adjusts the mandatory retirement age under judicial retirement to age 73 (currently 70). Rejected by House Courts of Justice Civil Subcommittee 2/27/12.

Rule Making Authority: Newly Introduced

California AB 2073 Authorizes a trial court, by order and at the discretion of the presiding judge, to require parties to eligible civil actions, as specified, to electronically file and serve documents, subject to rules adopted by the Judicial Council and other specified conditions. In Assembly (no committee).

Georgia HB 1176 Requires judicial council adopt establish mandatory policies (rather than standards) and practices for mental health, drug court, divisions. Requires council certify mental health and drug courts. Requires creation of electronic information system(s) to gauge performance of mental health and drug courts. In House Committee on Special Joint Committee on Georgia Criminal Justice Reform.

Minnesota SB 2205 Removes all judges and lawyers from the state' judicial disciplinary board (the Board on Judicial Standards). Replaces Board with 4 House and 4 Senate members. Strips the Supreme Court of the power to suspend temporarily a judge during an investigation and transfers it to the Board exclusively. Strips the Supreme Court of the power to "retire" permanently a judge and transfers it to the Board exclusively. Allows the newly constituted Board to open any prior complaint against any judge "for any reason." Gives the Board the power to enforce a new Code of Judicial Conduct. Establishes a new, statutory, Code of Judicial Conduct. In Senate Judiciary and Public Safety Committee.

Rule Making Authority: Floor and Committee Activity

Alabama HB 14 ORIGINAL: Authorizes the presiding judge of a circuit court to authorize motion hearings in civil matters to be conducted by telephone or other audio-video telecommunications means. AMENDED: Expands use to district courts and criminal matters as well. Approved as amended by full House 2/23/12.

Florida HB 7055 Repeals various statutes related to effect of rules adopted by the Courts. Repeals provision that, where a rule of the Supreme Court and statute conflict on matters of practice and procedure, the rule supersedes the statute. Repeals authority of the Department of Revenue to adopt rules relating to the clerks of court. Repeals the power of the district courts of appeal to make rules and regulations. Approved by full House 3/2/12.

Florida SB 1312 Repeals various statutes related to effect of rules adopted by the Courts. Repeals provision that, where a rule of the Supreme Court and statute conflict on matters of practice and procedure, the rule supersedes the statute. Repeals authority of the Department of Revenue to adopt rules relating to the clerks of court. Repeals the power of the district courts of appeal to make rules and regulations. Approved by Senate Budget Committee 2/29/12.

Salary and Budget: Newly Introduced

California AB 2076 Permits courts in which the official court reporter fee was collected to retain that fee. Repeals reporting requirement of the Judicial Council regarding fee. In Assembly (no committee).

Connecticut HB 5388 Increases certain court filing fees and allocate sixty per cent of the funds generated to the interest earned on lawyers' clients' funds account to provide legal services to the poor, and allocate the remaining funds to the Judicial Data Processing Revolving Fund to fund technology projects within the Judicial Branch. In Joint Committee on Judiciary.

Hawaii HB 1889 Revises both the retirement allowance of persons who become members of the ERS after June 30, 2012, and who have credited service as judges as well as the average final compensation of persons who become members of the ERS after June 30, 2012, and who have credited service as elective officers or as legislative officers. In House Labor & Public Employment Committee.

Louisiana HB 483 Implements recommendations of Judicial Compensation Commission to raise judicial salaries. In House Judiciary Committee.

Minnesota HB 2112 Allows reimbursement of housing and mileage expenses for judges of the Court of Appeals living more than 50 miles from their permanent chambers. In House Judiciary Policy and Finance Committee.

Minnesota HB 2568 Adds Judicial branch to the state postretirement option program. In House Government Operations and Elections Committee.

Minnesota SB 2163 Allows reimbursement of housing and mileage expenses for judges of the Court of Appeals living more than 50 miles from their permanent chambers. In Senate Judiciary and Public Safety Committee.

Salary and Budget: Floor and Committee Activity

Alabama SB 332 Provides earnings cap for judges receiving benefits from Judicial Retirement System but returning to temporary service Approved by Senate Finance and Taxation General Fund Committee 3/1/12.

Florida SB 1166 Amends current law relating to the responsibilities of the clerks of the court to enhance the collection of court fees and fines and to improve the efficiency of their operations. Requires a broader use of the Comprehensive Case Information System (CCIS) among state agencies to reduce operational costs and duties of the clerks of the court. Requires the Department of the Lottery to use the CCIS, rather than rely on notification from the judiciary and other state agencies to enforce the current prohibition on paying a prize of $600 or more before collecting outstanding fines and support obligations. Provides that filing fees are due when a party files a pleading to initiate a proceeding. Provides that with respect to criminal financial obligations, a previously imposed criminal or civil judgment constitutes a civil lien against the judgment debtor’s real or personal property. Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12.

Florida SB 1964 Requires all court-related assessments are mandatory and must be imposed regardless of whether the assessment is announced in open court. Requires clerks of court to develop a uniform form to be used in identifying and imposing mandatory assessments. Revises requirements for the clerks of court to report on the assessment and collection of certain fines or other monetary penalties, fees, costs, and charges. Requires the clerks, rather than the Department of Financial Services, to develop a reporting form. Provides for the clerks to consult with the Office of the State Courts Administrator in developing the form and guidelines governing the reporting of amounts assessed and collected, etc. Approved with House amendment by full House 2/27/12. Senate does not concur with House amendments.

Hawaii HB 1744 Stipulates that the five per cent decrease to the legislative, executive, and judicial salaries applies to what the respective salaries were as of June 30, 2009, and remains at the specified salary rate until June 30, 2013. Approved by House Finance Committee 3/2/12.

Hawaii SB 2057 Clarifies Act 57, Session Laws of Hawaii 2011, with regard to salary rates for executive, judicial, and legislative officials, to give effect to the recommendations of the commission on salaries. Approved by Senate Judiciary Committee 2/27/12.

Indiana HB 1002 Reenacts the public officers compensation advisory commission that was repealed in 2011. Approved with Senate amendment by full Senate 2/29/12. House does not concur with Senate amendment.

Maine SB 566 ORIGINAL: Authorizes the Maine Governmental Facilities Authority to issue securities for the costs associated with construction of court facilities. AS AMENDED: Same, but allows any remaining funds from authorized securities issued for paying the costs associated with the construction to be used for planning for additional court facilities. Approved as amended by Joint Appropriations and Financial Affairs Committee 2/22/12.

Missouri HB 1030 Allows all state agencies, including courts, to refer to the department for the collection of any debt owed to them. Approved by full House 3/1/12.

Oklahoma HB 2541 Requires state audit conduct performance audit of Information Technology Fund of the Oklahoma Supreme Court including implementation. Approved by House Appropriations and Budget Committee 2/27/12.

Oklahoma HB 2713 Provides forms and procedures associated with Court Clerk's Revolving Fund to be developed and implemented by the Administrative Director of the Courts (currently State Auditor and Inspector). Approved by House Appropriations and Budget Committee 3/1/12.

Oklahoma HB 3132 Increases court costs collected for alternative dispute resolution system. Approved by House Appropriations and Budget Committee 3/1/12.

Oregon HB 4167 Alters various fees/fines payable to Municipal or Justice Court Criminal Fine Account. Approved by Senate Ways & Means Committee 2/28/12. Approved by full Senate 2/29/12. To Governor for approval.

Oregon HB 4168 Alters numerous provisions related to fees in state court actions. Approved by Senate Ways & Means Committee 2/28/12. Approved by full Senate 2/29/12. To Governor for approval.

South Dakota HB 1058 ORIGINAL: Increases from $15 to $25 cost for search of court records. Provides cost of transmission for the record search results is included in the fee. AMENDMENT: Increases to $20 until 2017, when returns to $15. Appropriates $1 to court automation fund from general revenue fund. Approved by full Senate 2/28/12. House concurs with Senate amendments. To Governor for approval.

Tennessee SJR 45 (Constitutional Amendment) Allows compensation of judges to be decreased or diminished during term of office as provided by law for judicial misconduct while in office. Rejected by Senate Judiciary Committee 2/28/12.

Washington SB 6608 Increases judicial stabilization trust account surcharges. Approved Senate Committee on Ways & Means 2/27/12.

West Virginia HB 4293 Increasing the compensation caps for secretary-clerks and case coordinators in the family court. Approved by full House 2/29/12.

West Virginia SB 100 Alters the mandatory nature of certain fee collections and to remove the requirement that the circuit court charge three times the amount of actual postage when mailing documents. Approved with House amendment by full House 3/2/12. Senate concurs with House amendment. To Governor for approval.

Wyoming SB 40 Sets judicial salaries. Approved with House amendment by full House 3/2/12. Senate does not concur with House amendment. Conference committee appointed.

Wyoming SB 87 ORIGINAL: Adds representative of the judicial branch on the state employee compensation commission. AS AMENDED: Same, but makes representative non-voting member. Approved as amended by full Senate 2/28/12.

Selection: Newly Introduced

Georgia SB 487 Requires municipal court judges be elected on nonpartisan basis. In Senate Committee on Ethics.

Missouri SJR 51 Changes judicial nominating commissions. Allows the Governor to appoint all members to these commissions with the advice and consent of the Senate. Prohibits Governor from appointing members of the bar, judiciary, or spouses of members of the bar or judiciary. In Senate Judiciary Committee.

Rhode Island SB 2680 Vests with the governor the sole authority to nominate, on the basis of merit, from a list submitted by the judicial nominating commission with the advice and consent of the senate, all judges and magistrates, to all courts. (Currently presiding judges & chief judges appoint certain magistrates). In Senate Judiciary Committee.

Tennessee SJR 635 (Constitutional Amendment) Provides for election of judges/justices of appellate courts from districts drawn by general assembly (currently drawn from three "grand districts"). In Senate Judiciary Committee.

Selection: Floor and Committee Activity

Georgia HB 899 Moves judicial elections to July. Approved by House Committee on Governmental Affairs 2/28/12.

West Virginia SB 354 Authorizes the county commission to appoint a temporary successor if a vacancy occurs in office clerk of the circuit court or other county office. Approved by full Senate 2/28/12.

Wisconsin SJR 36 (Constitutional Amendment) Ends practice where chief justice is most senior justice of the supreme court. Directs the supreme court to elect a chief justice as the first order of business each time a justice is elected or reelected. Approved by Senate Judiciary Committee 2/27/12.

Structure Changes: Newly Introduced

Missouri HB 1848 Alters state court of appeals districts. In House Special Standing Committee on Judicial Reform.

Structure Changes: Floor and Committee Activity

Georgia HB 100 ORIGINAL: Creates Tax Court as a pilot project within the judicial branch. Judges to be nominated by governor and confirmed by senate. AMENDED: Creates Georgia Tax Tribunal as an executive branch agency within Department of Administrative Services. Approved as amended by House Committee on Judiciary 2/29/12.

Maine HB 1250 Authorizes the Chief Justice of the Supreme Judicial Court to establish veterans treatment courts. Authorizes the State Court Administrator to seek federal funding for these courts. Approved by Joint Committee on Judiciary 2/14/12.

Missouri HB 1110 Authorizes the establishment of veterans treatment courts to dispose of cases which stem from substance abuse or mental illness of military veterans or current military personnel. Approved by House Veterans Committee 2/28/12.

Oklahoma HB 2944 Authorizes municipalities to establish misdemeanor drug courts. Approved by House Judiciary Committee 2/28/12.

Oklahoma SB 1222 Authorizes creation of veterans' treatment courts in all judicial districts. Approved by Senate Appropriations Committee 3/1/12.

Oregon HB 4026 ORIGINAL: Increases Court of Appeals from 10 to 13 members, effective 2013. AMENDED: Same, but increase Court of Appeals from 13 to 16 members effective 2015. Approved as amended by full House 2/27/12. Approved by Senate Rules Committee 3/1/12. Approved by full Senate 3/2/12. To Governor for approval.

West Virginia HB 4648 Implements domestic violence court pilot project. Approved by full House 2/28/12. Approved with Senate amendment by Senate Judiciary Committee 3/2/12.

Other: Newly Introduced

Connecticut HB 5365 Specifies Supreme Court to sit in panels of 5, 6 or 7, per rules set by court. Provides senior judges of the Supreme Court may sit where a vacancy due to disqualification exists. Alters numerous laws in light of expansion of judicial performance evaluation program to trial referees. Allows the Judicial Marshal Academy to provide training to a broader range of security training. Provides an enforcement mechanism for the payment of certain fees. Authorize clerks to give notice of court orders and decrees by computer, facsimile or other technology. Eliminates obsolete references to the Community Court "pilot program". Clarifies the functions performed by intake, assessment and referral specialists employed by the Judicial Branch. Repeals obsolete sections pertaining to Messengers of the Supreme and Appellate Court and the pleading of demurrers. In Joint Committee on Judiciary.

Connecticut SB 309 Requires the Probate Court Administrator to submit business reports to the Chief Court Administrator biennially, rather than annually. Revise various probate court operation provisions, including those related to costs for estates of nondomiciliary testators, transfer of proceedings, review of guardianships for persons with intellectual disability, and service of process on nonresident fiduciaries. In Joint Committee on Judiciary.

Rhode Island HB 7848 Increases the number required for a quorum of the Commission on Judicial Tenure and Discipline from 8 to 9. Increases the number of affirmative votes required for a recommendation to the supreme court from 8 to 9. In House Judiciary Committee.

Rhode Island SB 2681 Increases the number required for a quorum of the Commission on Judicial Tenure and Discipline from 8 to 9. Increases the number of affirmative votes required for a recommendation to the supreme court from 8 to 9. In Senate Judiciary Committee.

Wisconsin AJR 115 Bill of address to remove Justice Michael J. Gableman from office. In Assembly Organization Committee.

Other: Floor and Committee Activity

Arizona SB 1365 Provides "Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person's exercise of religion...A person's exercise of religion is not unprofessional conduct." Specifies ""Government" includes all courts and administrative bodies or entities under the jurisdiction of the Arizona supreme court." Approved by full Senate 2/28/12.

Florida HB 481 AS AMENDED: Provides guidelines for electronic filing of documents. Requires clerks to seal or expunge certain court documents upon court order. Requires persons filing a written request to have their personal information protected under the general agency personnel information public record exemption to specify the document type, name, identification number, and page number of the court record or official record. Increases the minimum amount the clerks are required to refund without a written request in the event of an overpayment from $5 to $10. Limits the state agency exemption from payment of court-related fees to the state agency and the party it is representing. Authorizes the filing of electronic affidavits regarding publication of a legal advertisement. Approved by full House 2/29/12.

Florida SB 462 Repeals provisions relating to regular terms of Supreme Court & circuit courts; requiring judge to attend first day of each term of circuit court; requirement for judge to state reason for nonattendance, penalty for nonattendance of judge, adjournment of circuit court upon nonattendance of judge, calling all cases on docket at end of each term, regular terms of district courts of appeal, special terms of district courts of appeal, requirement that criminal trials be heard in term of court prior to civil cases, & requirement that persons in custody be arraigned & tried in term of court unless good cause is shown; conforms provisions. Allows Supreme Court to set terms of court for Supreme Court, district courts of appeal, & circuit courts. Provides that appellate courts may withdraw mandate within 120 days after its issuance. Approved by Senate Budget Subcommittee on Criminal and Civil Justice Appropriations 2/28/12.

Florida SB 522 Repeals provisions relating to judicial census commissions. Approved by Senate Budget Committee 3/1/12.

Georgia HB 541 Includes in crime of obstruction of public administration threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding. Approved by full House 2/28/12.

Oklahoma SB 1733 Permits unconcealed carry of firearm in court locations by a judge. Approved by Senate Public Safety Committee 2/27/12.

Oklahoma SB 1953 Requires any judicial officer report to the Council on Judicial Complaints any conduct that the officer believes may be a violation of the Code of Judicial Conduct. Approved by Senate Judiciary Committee 2/28/12.

Oregon HB 4163 Changes title of "court security officer" to “judicial security marshal" and "court security personnel" to "judicial security personnel." Requires the Department of Public Safety Standards and Training to train judicial security personnel, and for the Judicial Department to pay for the training. Approved by full House 2/27/12. Approved by full Senate 2/29/12. To Governor for approval.

South Carolina SB 1055 Revises Judicial Council to include Chief Judge of Court of Appeals, person recommended by the Charleston School of Law, one person recommended by the South Carolina Bar (rather than the President of the Bar, and two summary court (rather than magistrate court) judges. Approved by full Senate 2/29/12.

Utah SB 200 Makes numerous modifications to state's justice courts. Establishes and amends procedures to establish and expand the territorial jurisdiction of justice courts. Amends and consolidates the minimum operating standards of justice courts. Amends the Judicial Council's authority to establish rules and procedures concerning the creation and expansion of justice courts. Provides for uniform fees of the justice courts. Requires every prospective justice court judge to attend an orientation program conducted under the direction of the Judicial Council before the justice court can be certified and qualified to hold office. Authorizes the governing body of a justice court to create specialized calendars and exempts judges who hear these calendars from being assigned at random. Modifies the procedures and penalties for failure to comply with continuing education requirements. Modifies the procedures and penalties for failure to comply with compensation limits, limits on secondary employment, and limits on holding elected or political offices and requires the Judicial Council to file a formal complaint for violations. Amends the procedures to appoint a temporary justice court judge and prohibits a retired justice court judge from serving as a temporary justice court judge. Modifies and establishes new standards for when and where a municipality and county may hold justice court and authorizes the Judicial Council to determine when and where justice courts my hold court. Approved by full Senate 2/29/12.

Utah SB 227 Requires a Youth Court that accepts referrals to be certified. Approved by full Senate 2/28/12.

Virginia HB 1284 Clarifies when the clerk of the court may destroy case file papers. Approved as amended by full Senate 2/29/12. House concurs with Senate amendment. To Governor for approval.

Virginia HB 745 ORIGINAL: Requires the Supreme Court to develop a weighted caseload system to assess judicial caseloads throughout the Commonwealth, and using that system, requires the Court to determine the need for judicial positions and the optimum distribution of judicial positions throughout the Commonwealth and to prepare a recommended plan for the realignment of the circuit boundaries. AS AMENDED: Provides funds go directly to the National Center for State Courts to provide for the development and implementation of the system pursuant to a contract with the Supreme Court of Virginia. (Full disclosure: Gavel to Gavel is a product of the National Center for State Courts). Approved with Senate amendment by full Senate 3/2/12.

Virginia HJR 111 Requests the Judicial Council of Virginia to study the jurisdictional capacity of the Court of Appeals and whether such capacity should be expanded. Approved by full Senate 2/27/12. No further approvals required.

Virginia SB 251 AS AMENDED BY HOUSE: Provides that certain court fees collected by the clerk of a circuit court shall be deposited into a special revenue fund in the local treasury. Institutes a fee of $25 for recording an order to celebrate the rites of marriage by a non-minister. Provides for convenience fee of $2 per transaction or four percent of the amount paid for paying court fees by credit or debit card. Approved as amended by full House 2/29/12. Senate concurs with House amendment. To Governor for approval.

West Virginia HB 3142 Increasing the allowable number of magistrate court deputy clerks by five. Approved by full House 2/29/12.

Wisconsin AB 424 ORIGINAL: Makes battery or threat to a court employee a Class I felony. Makes it a Class I felony to threaten to cause damage to a courthouse and if the threatened action could result in bodily harm to a judge or court employee. AMENDED: Same, but replaces "court employee" with "individual who works in a courthouse." Approved as amended by Assembly Judiciary and Ethics Committee 3/2/12.

Wisconsin AJR 63 (Constitutional Amendment) Limits ability to file recall petitions against judges, justices and other elected officials. Provides recall available only if the officer has been charged with a crime punishable by imprisonment of one year or more, or against whom a finding of probable cause of violation of the state code of ethics has been made. Approved by Assembly Election and Campaign Reform Committee 3/2/12.