Volume 6 Issue 11

Indicates featured legislation

Focus Trend: Court Interpreters/Court Interpretation

Since its inception, Gavel to Gavel has focused on items in seven broad categories. Readers are welcome and encouraged, however, to submit their requests for a one-time special Focus piece outside those categories. This week’s Focus is based on just such a request. Have a Focus piece you would like to see in a future Gavel to Gavel? Email wraftery@ncsc.org with your idea!

California AB 1529 Revises various provisions regarding state's responsibility for trial court funding. Specifies in all criminal actions and juvenile court proceedings, the compensation for an interpreter is a charge against the court. Provides that in all civil actions, the compensation for an interpreter shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in a like manner as other costs. In Assembly Judiciary and Public Safety Committees.

Maryland HB 703 Requires a court to conduct an assessment at the conclusion of the proceeding to determine whether a party who was appointed a foreign language interpreter should be responsible for the costs for the services and expenses of the interpreter. Provides court is not required to make an assessment if the party who was appointed a foreign language interpreter was a criminal defendant who was represented by the Office of the Public Defender. Provides assessment must include (1) the nature, extent, and liquidity of the party’s assets; (2) the party’s disposable net income; (3) the nature of the case; and (4) the length and complexity of the proceedings. Provides a court may not require a party whose assets and net annual income are less than 100% of the federal poverty guidelines to pay for the services and expenses of a foreign language interpreter. Rejected by House Judiciary Committee 3/8/12.

Maryland HB 1148 Authorizes a victim or victims’ representative to apply for, and requires the court to appoint, a qualified interpreter if the person is deaf or cannot readily understand or communicate the spoken English language. Requires the court to maintain a directory of interpreters to assist persons who cannot readily understand or communicate the spoken English language. In House Judiciary Committee.

Maryland SB 1041 Authorizes a victim or victims’ representative to apply for, and requires the court to appoint, a qualified interpreter if the person is deaf or cannot readily understand or communicate the spoken English language. Requires the court to maintain a directory of interpreters to assist persons who cannot readily understand or communicate the spoken English language. In Senate Judicial Proceedings Committee.

Mississippi SB 2402 Creates interpreters fund and places it within the Administrative Office of Courts. In Senate Judiciary A Committee.

South Dakota SB 1061 Repeals provisions that any person may be subpoenaed to serve as an interpreter in any court hearing. Revises interpreter's oath. Signed into law by Governor 2/24/12.

Virginia HB 173 Provides that the cost for an interpreter for a non-English-speaking defendant shall be borne by the defendant if he is convicted of the criminal offense. Approved by full House 2/3/12. Approved by Senate Courts of Justice Committee 2/15/12. Continued to 2013 session.

Virginia SB 184 Provides that the cost for an interpreter for a non-English-speaking defendant shall be borne by the defendant if he is convicted of the criminal offense. Approved by Senate Courts of Justice Committee 1/30/12. Continued to 2013 session.

Jurisdiction: Newly Introduced

Louisiana HB 777 Changes the jurisdictional amount in dispute in a small claims division of city court from $3,000 to $5,000. In House Judiciary Committee.

Louisiana SB 303 (Constitutional Amendment) Requires denial, infringement, and restriction of right to keep, carry, transfer, etc. firearms is subject to a standard of strict scrutiny by a court in determining its constitutionality. In Senate Judiciary B Committee.

Minnesota SB 2281 Provides "A 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 rulings or decisions in the matter at issue in whole or in part on a law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the Minnesota Constitution and the United States Constitution, including but not limited to due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the Minnesota Constitution." In Senate Judiciary and Public Safety Committee.

Jurisdiction: Floor and Committee Activity

Arizona SB 1310 Increases small claims jurisdiction from $2,500 to $10,000. Approved by House Judiciary Committee 3/8/12.

Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by House Rules Committee 3/8/12.

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 full Senate 3/7/12.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Georgia HB 534 Modifies qualifications for probate clerks in various counties and the service of probate clerks as judges of probate. Approved by House Judiciary Committee 3/5/12. Approved by full House 3/7/12.

Hawaii SB 2206 (Constitutional Amendment) Increases the mandatory retirement age for justices and judges from 70 to 80 years of age. Approved by House Judiciary Committee 3/8/12.

New Hampshire HB 1722 ORIGINAL: Clarifies no judge or attorney may appear before one another if in newly created Circuit Court if they are professionally affiliated. AMENDED: Provides no attorney associated with a judge in the practice of law shall be permitted to practice in the division at the circuit court site in which the judge is assigned. Approved as amended by full House 3/7/12.

Wyoming HJR 9 (Constitutional Amendment) Eliminates mandatory judicial retirement for judges. Rejected by Senate Judiciary Committee 3/7/12.

Rule Making Authority: Newly Introduced

New York AB 9400 Extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection. In Assembly Judiciary Committee.

New York SB 6624 Extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection. In Senate Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

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 Senate 3/9/12. To Governor for approval.

New Hampshire HB 1459 Requires the supreme court to adopt rules regarding early dismissal of frivolous civil actions and award of attorney’s fees upon such early dismissal. Requires the supreme court to adopt rules implementing an expedited procedure for civil cases where damages are $100,000 or less. Establishes the allocation of litigation costs related to settlement offers. Rejected by full House 3/7/12.

Salary and Budget: Newly Introduced

Alabama HB 479 Allows judges to purchase Judicial Retirement System credit for prior active military service. In House State Government Committee.

Missouri SB 900 Requires the Office of State Courts Administrator to notify debtors when it seeks to setoff a tax refund or lottery winnings before it forwards a person's name to the Director of Revenue or Department of Conservation. Permits appeal of decision to setoff refund or winnings. Requires the State Courts Administrator forward the names of debtors to the Department of Conservation. Provides no debtor may be issued a license to hunt or fish and any such license held by the debtor must be suspended. In Senate General Laws Committee.

Nebraska LR 452 Directs interim study to examine the Judges Retirement System and all public employees retirement systems administered by the Public Employees Retirement System. In Executive Board.

South Carolina HB 4985 Provides all funds collected by any court or agency must be deposited in general fund and be considered general funds. In House Committee on Ways & Means.

Salary and Budget: Floor and Committee Activity

Arizona HB 2745 Closes enrollment in the Elected Officials Retirement Plan (EORP) and the Arizona State Retirement System (ASRS) in 2013 and establishes a voluntary defined contribution retirement system for state employees. Approved by full House 3/6/12.

Florida HB 5403 Redirects revenue from filing fees for civil actions in circuit court relating to real property or mortgage foreclosure from State Courts Revenue Trust Fund to General Revenue Fund. Conference committee report approve by House and Senate 3/9/12. To Governor for approval.

Florida HB 7095 Requires clerks' case information system be used with Lottery winners to determine if debts owed to the court. Requires all circuit clerks use Comprehensive Case Information System of the Florida Association of Clerks and Comptroller, Inc., and submit electronic case data to the system based on the case types designated by the Supreme Court. Provides An action to collect court costs, fees, or fines owed to the state may be commenced at any time. Declares all criminal or civil judges previously entered by court become civil liens. Approved by full Senate 3/8/12. To Governor for approval.

Florida SB 1960 Requires the Clerks of Court Operations Corporation to collect existing clerk of court reports on county use of fees to support court facilities and submit them to the chief judge, the Governor, the President of the Senate, and the Speaker of the House of Representatives. Conference committee report approve by House and Senate 3/9/12. To Governor for approval.

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. Conference committee report approve by House and Senate 3/9/12. To Governor for approval.

Georgia HB 648 Changes fees and assessments dedicated to funding legal services for indigent persons accused of crimes and delinquent acts. Approved by full House 3/5/12.

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 full House 3/6/12.

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 full Senate 3/6/12.

Indiana HB 1002 Reenacts the public officers compensation advisory commission that was repealed in 2011. House concurs with Senate amendment 3/9/12. To Governor for approval.

Kentucky HCR 162 Establish the Kentucky Public Pensions Task Force to examine all state pensions, including Judicial Retirement Plan. Approved by House State Government Committee 3/8/12.

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 full House 3/8/12.

Maryland SB 335 Increases from 6% to 8% of earnable compensation the rate of member contributions for individuals who become members of the Judges' Retirement System on or after July 1, 2012. Approved by Senate Budget and Taxation Committee 3/5/12. Approved by full Senate 3/8/12.

Maryland SJR 3 Sets judicial salaries for 2011-2013. Approved by Senate Budget and Taxation Committee 3/5/12. Approved by full Senate 3/7/12.

Mississippi HB 484 Increases judicial salaries. Pay for salaries via a) increase to filings of appeals from $100 to $200 b) a special $40 fee on a civil case filings and c) special $75 fee on criminal convictions. Specifically includes in responsibilities of chief justice supporting and implementing electronic filing systems for the courts and drug courts. Specifically includes in responsibilities of judges of the court of appeals service as special trial judges because of a statewide increase in litigation and insufficient resources to fully fund trial judge positions, and performing additional judicial services after usual state business hours to reduce delays, backlogs and inefficiencies to comply with time standards adopted by and for the appellate and trial courts, and promoting public awareness of our judicial processes and openness and accessibility of our courts by being available to conduct programs and give speeches to civic, educational, governmental and religious organizations and entities. Specifically includes in responsibilities of circuit judges all necessary action to develop drug courts within their districts and to regularly report to the Administrative Office of Courts on the success of their drug court programs. The chancery and circuit court judges will take such action as is necessary to implement electronic filing and case management systems within their districts as developed by the Administrative Office of Courts as such systems become available and will take all necessary action to prepare their courts for electronic filing and case management. Approved by full House 3/7/12.

Missouri HB 1460 Extends the expiration date of the statewide court automation fund to 2020. Approved by House Judiciary Committee 3/7/12.

Missouri SB 573 Authorizes circuit courts that reimburse the state for salaries of family court commissioners to charge up to a $20 surcharge when a party files a civil court case. Approved by Senate Judiciary and Civil and Criminal Jurisprudence Committee 3/5/12.

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 full House 3/6/12.

Pennsylvania HB 61 Allows private collection agency to pursue fees or costs owed the court for 48 months (currently limited to 180 days). Approved by Senate Judiciary Committee 3/6/12.

Tennessee HB 2481 Authorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body Approved by full Senate 3/8/12. To Governor for approval.

Tennessee SB 2383 Removes references to the office of the comptroller of the treasury in connection with the judicial cost accountant. Approved by Senate Judiciary Committee 3/6/12.

Washington HB 2798 Increases judicial stabilization trust account surcharges. Approved by House Committee on Ways & Means 3/3/12.

Washington SB 6608 Increases judicial stabilization trust account surcharges. Approved full Senate 3/6/12. Approved by full House 3/7/12. To Governor for approval.

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.

West Virginia SB 471 Authorizes Supreme Court establish mental hygiene commissioners' compensation. Approved by full House 3/7/12. To Governor for approval.

Wyoming SB 40 Sets judicial salaries. Senate approves conference committee report 3/6/12. House approves report 3/7/12. To Governor for approval.

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 by full House 3/7/12. To Governor for approval.

Selection: Newly Introduced

Tennessee HJR 753 (Constitutional Amendment) Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. In House Judiciary Committee.

Selection: Floor and Committee Activity

Arizona SB 1363 Provides that where county offices, including judicial offices, are vacated, the person appointed to fill the remainder of the term must be of the same political party as the former office holder. Approved by House Judiciary Committee 3/8/12.

Florida HB 971 HOUSE VERSION: Provides that, with exception of members selected from list of nominees provided by Board of Governors of Florida Bar, current member of judicial nominating commission appointed by Governor serves at pleasure of Governor. Provides for each expired term or vacancy to be filled by appointment in same manner as member whose position is being filled. Deletes requirement that Executive Office of Governor establish uniform rules of procedure consistent with State Constitution when suspending for cause member of judicial nominating commission. Provides that filing fees & election assessments paid by certain judges be used for law school scholarships for women/minorities. SENATE VERSION: Same, but applies ONLY to those members appointed after January 4, 2012 and replaces language for law school scholarships for women/minorities with retirement benefits for judges recalled into temporary service. Approved with Senate amendment by full Senate 3/7/12.

Florida SB 1570 Provides that if a retired judge or justice is assigned to temporary duty, such assignment does not affect his or her eligibility for benefits under the Florida Retirement System. Provides that each expired term or vacancy on a judicial nominating commission (JNC) is filled by appointment in the same manner as the member whose position is being filled. Updates provisions relating to the staggering of terms of members of a JNC who are selected from the list provided by the Board of Governors of the Florida Bar. Provides that an appointment to a judicial nominating commission of a member selected from a list of nominees provided by the Board of Governors of The Florida Bar is for a term of 4 years, unless the appointment is to fill a vacancy or an unexpired term. Deletes a requirement that the Executive Office of the Governor establish uniform rules of procedure consistent with the State Constitution when suspending a member of a judicial nominating commission for cause. Replaced by HB 971.

Georgia HB 899 Moves judicial elections to July. Approved by full House 3/5/12.

Georgia SB 457 AS AMENDED: Provides that all offices are to be elected on a partisan basis. Exempts races for State Court, Superior Court, Court of Appeals, and Supreme Court. Provides nonpartisan *county* judicial elections may only continue if nonpartisan election system approved by referendum of affected population November 2012. ("Shall the office of (Insert name of office) be elected in partisan elections?") Approved as amended by Senate Committee on State and Local Governmental Operations 2/29/12.

West Virginia HB 4314 Provides where a vacancy occurs in office of magistrate judge, person appointed must be of same political party as former officeholder. Approved by full Senate 3/10/12. To Governor for approval.

Wisconsin AJR 49 (Constitutional Amendment) ORIGINAL: 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. AMENDED: Eliminates all language about chief justice selection. Provides judges and justices must recuse where party gave $1000 to judge's campaign or made independent expenditure of that amount. Approved as amended by full Assembly 3/6/12. Tabled by full Assembly 3/6/12.

Structure Changes: Newly Introduced

Louisiana SB 490 Authorizes creation of reentry courts as divisions of district courts. In Senate Judiciary B Committee.

New York SB 9512 Creates gang courts pilot program. In Assembly Judiciary Committee.

South Carolina HB 4970 Creates Drug Court Program in each Circuit. Creates State Office of Drug Court Coordination. In House Judiciary Committee.

South Carolina SB 1317 Creates Drug Court Program in each Circuit. Creates State Office of Drug Court Coordination. In Senate Judiciary Committee.

West Virginia HCR 121 Requests a study by Joint Committee on Government and Finance on the implementation of a Veterans Court to resolve the cases of veterans charged with minor criminal offenses In House Rules Committee.

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 full House 3/7/12.

Hawaii HB 2798 Establishes the Temporary Hawaii Veterans Treatment Court within the First Judicial Circuit Court. Approved as amended by full House 3/6/12.

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 full House 3/8/12.

Oklahoma HB 2944 Authorizes municipalities to establish misdemeanor drug courts. Approved by full House 3/5/12.

West Virginia HB 4648 Implements domestic violence court pilot project. Conference committee report approve by House and Senate 3/910/12. To Governor for approval.

Other: Newly Introduced

Louisiana HB 763 authorizes clerks of court to destroy records in certain circumstances. In House Governmental Affairs Committee.

Louisiana SB 596 Generally exempts from subpoena judges and commissioners of courts established in Article V of state constitution. Provides for exemptions to general rule against subpoenas. In Senate Judiciary A Committee.

Minnesota SB 2247 Provides each congressional district in state entitled to at least 2 Court of Appeals judges (currently, entitled to 1). In Senate Judiciary and Public Safety Committee.

New Jersey ACR 116 (Constitutional Amendment) Authorizes statute transferring probation functions from Judiciary to State Parole Board. In Assembly Judiciary Committee.

New York SB 6618 Provides for privilege and confidentiality of communications with members of a judicial assistance committee created by state or local bar association. In Senate Judiciary Committee.

New York SB 6652 (Constitutional Amendment) Empowers the Legislature to authorize statewide service of City Court process. In Senate Judiciary Committee.

Other: Floor and Committee Activity

Alabama HB 99 Makes it a crime to act, without authority, as a judge, magistrate, hearing officer, juror, clerk of court, or any other official with the authority to adjudicate the rights or interests of another, or to sign a document in this capacity as if authorized by state law. Approved by House Judiciary Committee 3/8/12.

Arizona HB 2449 Amends existing statute regarding performance audits of state administrative office of the courts to require, after audit, House and Senate Judiciary Committees meet jointly and conduct hearing on audit. Approved by full House 3/5/12.

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 House Employment and Regulatory Affairs Committee 3/6/12.

Florida HB 4047 Repeals provisions relating to judicial census commissions. Approved by full Senate 3/7/12. To Governor for approval.

Georgia HB 665 Restructures the offices of the Clerks of Superior Court. Alters provisions with respect to appointment and succession to office of clerk. Changes provisions related to storage of paper and electronic documents. Increases bond amount at appointment to $1 million. Approved by House Judiciary Committee 3/5/12. Approved by full House 3/7/12.

Georgia HB 997 Provides for the new crime of false lien statements against public officers, including all judges, or public employees, including every person employed by the judicial branch. Approved by full House 3/5/12.

Illinois HB 5187 Requires clerk of court post the rights of crime victims set forth in the Illinois Constitution and in law within 3 feet of the door to any courtroom where criminal proceedings are conducted. Approved by House Judiciary II Committee 3/8/12.

Kansas HB 2396 Abolishes the commission on judicial performance. Approved by full House 3/7/12.

Kentucky HB 171 Permits retired Commonwealth's or county attorney and retired assistant Commonwealth's or county attorneys to carry a concealed deadly weapon statewide, including into courthouses. Approved by House Judiciary Committee 3/7/12.

Maryland HB 968 Permits court commissioners to carry a handgun on District Court premises if the commissioner has a valid handgun permit. Rejected by House Judiciary Committee 3/5/12.

Missouri HB 1754 Specifies that court commissioners, including probate commissioners, have the powers and duties of an associate circuit judge so that their orders, judgments, and decrees will no longer be subject to confirmation or rejection by the circuit judge. Restructures various circuits in state. Approved by House Special Standing Committee on Judicial Reform 3/6/12.

New Hampshire HB 1131 ORIGINAL: Establishes a committee to study the revisions to laws which would be necessary if the supreme court and superior court were abolished as constitutional courts. AMENDED: Creates committee "to study methods of creating a balanced and neutral judiciary". Approved as amended by full House 3/7/12.

New Hampshire HB 1347 Requires the courts to file reports of complaints against court officers, court staff, and any other person involved in the administration of justice. Rejected by full House 3/7/12.

New Hampshire HB 1474 Prohibits requiring membership in any bar association or other professional organization as a condition for practicing law or for appointment to certain positions. Approved by full House 3/8/12.

New Hampshire HB 1668 Requires judicial branch and other government branches/agencies provide any and all information in their possession regarding a person at the individual's request. Rejected by full House 3/7/12.

Oklahoma SB 1508 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 full Senate 3/5/12.

Pennsylvania HB 1026 Allows retired or senior judges to take oaths. Approved by Senate Judiciary Committee 3/6/12.

Pennsylvania HB 1546 Provides Juvenile Court Judges' Commission is to collect and analyze data to identify trends and ensure reasonable and efficient administration of juvenile court. Approved by Senate Judiciary Committee 3/6/12.

Tennessee HB 2935 Abolishes the court of judiciary. Creates 16-member board of judicial conduct. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. Approved by House Judiciary Committee 3/6/12.

Utah SB 100 Creates a self-help center within a court's law library. Requires that the self-help center be staffed by licensed attorneys. Allows the self-help center staff to assist court patrons in obtaining and filling out documents. Provides that self-help center staff are to answer questions regarding the court process, law, and options; provide information, but not give legal advice; and offer resources regarding the law library and other avenues for legal assistance. Approved by full House 3/8/12. To Governor for approval.

Utah SB 153 Provides Judicial Council may enact its own rules, consistent with existing law, governing procurement by the judicial branch. Approved by full House 3/8/12. To Governor for approval.

Utah SB 169 ORIGINAL: Allows the Utah Supreme Court to appoint a justice court judge to the Judicial Conduct Commission. AS AMENDED: Same, but also allows the Judicial Conduct Commission discretion to dismiss a complaint against a judge, even if it finds by a preponderance of the evidence that judicial misconduct occurred, if it determines that a public sanction is not warranted. Approved by full House 3/7/12. To Governor for approval.

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 House 3/7/12. To Governor for approval.

Utah SJR 3 Directs Legislative Management Committee study fines, taxes, and financial issues imposed by the courts and other issues. Approved by full House and Senate 3/8/12. No further approvals required.

West Virginia HB 3142 Increasing the allowable number of magistrate court deputy clerks by six. Approved by Senate Judiciary Committee 3/5/12.

West Virginia SCR 53 Requesting Joint Committee on Government and Finance study drivers' license suspensions for failure to pay court fines. Approved by full Senate 3/9/12.

West Virginia SCR 88 Requests Joint Committee on Government and Finance study magistrate caseloads. Approved by full Senate 3/9/12.

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 full Assembly 3/6/12.