Volume 6 Issue 12

Indicates featured legislation

Focus Trend: Court e-filing

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 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 Judiciary Committee.

Florida HB 481 AS AMENDED: Provides guidelines for electronic filing of documents. Specifically requires clerks to affix a stamp to submissions to the office indicating the date and time when it was filed. Approved by full House 2/29/12. Died when legislature adjourned.

Florida HB 1017 / SB 410 Requires that a litigant pay a specified surcharge in addition to any other cost incurred for filing court and other legal documents by means of paper documents instead of electronically filing the documents. Provides an exception for a person who is indigent. Died when legislature adjourned.

Florida SB 860 Provides requirements for storage of electronic filings for clerks of court. Requires papers & electronic filings to be electronically time stamped. Approved by Senate Governmental Oversight and Accountability Committee 2/22/12. Died when legislature adjourned.

Kansas SB 425 Authorizes the imposition of a charge to fund the cost of establishing, operating and maintaining an electronic document filing, storage, and management system for the Kansas court system. Provides that a fee could be charged for electronic case filing, motion filing, record access, and document access. Provides fees be remitted to the State Treasurer who would deposit the entire amount into the Judiciary Technology Fund. Expands the currently existing statutory purposes for the Fund to include establishing, operating and maintaining a statewide system of electronic case filing, record access, and document access. Approved as amended by House Committee on Appropriations 3/16/12.

Maine HB 1339 Extends from February 1, 2012 to July 1, 2012 deadline for judicial branch to develop a plan to implement electronic filing for civil docket cases. Signed into law by Governor 2/23/12.

Mississippi HB 484 / SB 2142 / SB 2394 Increases judicial salaries, but specifically requires chief justice support and implement electronic filing systems for the courts and drug courts. Requires chancery and circuit court judges 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 take all necessary action to prepare their courts for electronic filing and case management. House version: Approved by full House 3/7/12. Senate versions: Died in Senate committees.

Mississippi HB 1341 Provides if electronic filing is required court must provide computer and scanner at courthouse. Died in House Judiciary A Committee.

New Jersey AB 763 Provides that the Supreme Court may adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding the development, maintenance and administration of a Statewide digital e-court information system. Defines "digital e-court information system" as a Statewide integrated system that includes, but is not limited to, electronic filing, service of process, document management, case management, financial management, and public access to digital court records. Approved by full Assembly 3/15/12.

New York AB 2862 Permits the electronic filing of papers in local criminal courts in certain instances. Carried over from 2011 session.

Oklahoma HB 2192 Exempts court filings from rules promulgated by Secretary of State under Uniform Electronic Transactions Act. Requires use of e-signature when filing documents with the courts. Approved by House Government Modernization Committee 2/13/12. Approved by full House 2/15/12.

South Carolina HB 4821 Authorizes collection of fees and costs to provide for judicial e-filing system. In House Committee on Judiciary.

Tenneessee HB 3051 / SB 2686 Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee. House version: Approved by House State and Local Government Committee 3/20/12. Senate version: Approved by Senate State and Local Government Committee 3/20/12.

West Virginia SB 420 Enacts Civil Justice Reform Act of 2012. Requires Supreme Court adopt rules by January 1, 2013 to require electronic filing in all courts in state. Died when legislature adjourned.

Jurisdiction: Newly Introduced

Minnesota SB 2454 Provides a court may not order the governor, an executive branch agency, or the legislature to spend money or to otherwise incur a financial obligation or appropriate money unless pursuant to an enacted law. Provides if such a court order results in money being paid out of state treasury, funds are to be taken from current general fund operating budget appropriation to the court by the amount determined. Provides if no operating budget for the court has been enacted, the commissioner shall make the specified reduction in the next enacted court budget. In Senate Judiciary and Public Safety Committee.

Jurisdiction: Floor and Committee Activity

Arizona SB 1311 Increases justice of the peace civil jurisdiction from $10,000 to $25,000. Approved by House Judiciary Committee 3/15/12.

Arizona SCR 1032 (Constitutional Amendment) Increases justice of the peace civil jurisdiction from $10,000 to $25,000. Approved by House Judiciary Committee 3/15/12.

Oklahoma SB 1196 Increases small claims jurisdiction from $6,000 to $10,000. Approved by full Senate 3/14/12.

Qualifications and Terms: Newly Introduced

Rhode Island SB 2770 Defines the duties of a Drug Court Magistrate and specifies which individuals qualify for the Drug Court and the conditions and responsibilities imposed thereon. In Senate Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Maryland SB 616 (Constitutional Amendment) Increases from 70 to 72 the mandatory retirement age for judges. Requires that judges serving after age 70 must be certified as fit by state's court of last resort (Court of Appeals). Approved by Senate Judicial Proceedings Committee 3/12/12.

Rule Making Authority: Newly Introduced

Minnesota SB 2428 Provides Board of Judicial Standards would review judge's compliance with time-to-disposition requirements monthly. Creates progressive system of discipline for judges who fail to meet standards. In Senate Judiciary and Public Safety Committee.

Rule Making Authority: Floor and Committee Activity

New Hampshire CACR 22 (Constitutional Amendment) Provides that the chief justice shall adopt court rules only with the concurrence of the legislature. Failed to achieve 3/5ths majority required by full House 3/14/12. Tabled by full House 3/14/12.

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. Approved by Assembly Judiciary Committee 3/12/12.

Salary and Budget: Newly Introduced

Minnesota HB 2851 Creates court facility security program established. Provides forfeiture proceeds are to be utilized to fund grant program. In House Judiciary Policy and Finance Committee.

Salary and Budget: Floor and Committee Activity

Arizona HB 2283 Specifies that for state benefits purposes, "state employee" includes only those employed by the judicial branch whose salaries are paid for by the state. Approved by full Senate 3/13/12. To Governor for approval.

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 Senate Finance Committee 3/15/12.

Georgia HB 424 Provides a death benefit for active and retired members of Superior Court Clerks' Retirement Fund. Approved by Senate Retirement Committee 3/14/12.

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 House Labor & Public Employment Committee 3/13/12.

Idaho HB 651 Increases judicial salaries 2%. Approved by full House 3/16/12.

Idaho HB 660 Revises and restructures Judges' Retirement Fund. Increases employer’s contribution rate from 7% to 10.5% & employee's rate from 6% to 9%. Increases civil filing fee contribution to Fund from $18 to $26. Provides judges and justices who take office beginning July 1, 2012, would be eligible for Plan B service, under which retiring judges agree to provide service as senior judges for five years in return for an increased percentage in their retirement benefit. Provides annual cost of living adjustment for justices and judges who take office beginning July 1, 2012, would be the same as the Public Retirement System of Idaho (PERSI) cost of living adjustment for that year, rather than being based on the current annual compensation of sitting justices and judges. Justices and judges who took office before that date would have a one-time option to elect, no later than August 1, 2012, to convert to the PERSI cost of living adjustment. Transfers administration of the plan would be transferred to PERSI after receipt of an IRS determination letter stating that the Judges’ Retirement Fund is a qualified plan and after any changes required by the IRS have been adopted. Requires a fiscal year-end report be given to legislative leaders and committee chairs. Approved by House Judiciary Committee 3/14/12.

Kansas SB 322 Extends the Judicial Branch surcharge through FY 2013. Approved by House Committee on Judiciary 3/13/12.

Kansas SB 425 ORIGINAL: Authorizes the imposition of a charge to fund the cost of establishing, operating and maintaining an electronic document filing, storage, and management system for the Kansas court system. Provides that a fee could be charged for electronic case filing, motion filing, record access, and document access. Provides fees be remitted to the State Treasurer who would deposit the entire amount into the Judiciary Technology Fund. Stipulates that the monies credited to the Judiciary Technology Fund could not be used for compensation of justices or judges of the Supreme Court and expands the currently existing statutory purposes for the Fund to include establishing, operating and maintaining a statewide system of electronic case filing, record access, and document access. AMENDED: Removes all original provisions. Delays by five years the statutory requirement that the Judicial Branch add the 14th Court of Appeals judge, from January 1, 2013, to January 1, 2018. Approved as amended by House Committee on Appropriations 3/16/12.

Kentucky HCR 162 Establish the Kentucky Public Pensions Task Force to examine all state pensions, including Judicial Retirement Plan. Approved by full House 3/14/12.

Maryland SJR 3 Increases judicial salaries for 2011-2013. Approved by full House 3/13/12. No further approvals required.

New Hampshire SB 354 Makes technical corrections regarding the escrow fund for court facility improvements, including changing the name of the fund to the escrow fund for judicial branch facility improvements. Approved by full Senate 3/7/12.

New Jersey AB 763 Provides that the Supreme Court may adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding the development, maintenance and administration of a Statewide digital e-court information system. Defines "digital e-court information system" as a Statewide integrated system that includes, but is not limited to, electronic filing, service of process, document management, case management, financial management, and public access to digital court records. Approved by full Assembly 3/15/12.

Oklahoma HB 2578 Authorizes counties and county officers to contract with a collection agency to recover court penalties, costs, fines and fees in cases in district court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court. Approved by full House 3/13/12.

Oklahoma HB 3132 Increases court costs collected for alternative dispute resolution system. Rejected by full House 3/13/12.

Tennessee HB 2496 Removes references to the office of the comptroller of the treasury in connection with the judicial cost accountant. Approved by full House 3/12/12. 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. Replaced by HB 2496.

Selection: Newly Introduced

Alabama HB 532 Provides than in counties in which a Class 2 municipality is located, circuit and district judges are to be elected by district. In House Constitution, Campaigns and Elections Committee.

Alabama HB 550 Prohibits members of the legislature from being appointed to judgeships within 2 years of their legislative service. In House Constitution, Campaigns and Elections Committee.

Selection: Floor and Committee Activity

Georgia HB 899 Moves judicial elections to July. Approved by Senate Rules Committee 3/14/12.

Iowa HB 2289 ORIGINAL: Requires full-time associate juvenile judge at the time of appointment reside in the judicial election district where the vacancy exists. Requires a full-time associate juvenile judge to reside in the judicial election district in which the office is held during the entire term of office. AMENDED: Same, but also changes the method by which the clerk of the district court is appointed. Permits the chief judge of each judicial district to appoint the clerk of the district court after consultation with the district judges of the judicial district. Permits the chief judge to remove the clerk of the district court for cause or budgetary reasons. Approved as amended by full House 3/12/12.

Kansas SB 422 Allows the chief judge of any judicial district to appoint a judge pro tem without applying to the departmental justice of that district. Provides such power to appoint would be subject to the budget limitations of the district court. Approved as amended by House Committee on Judiciary 3/13/12.

Kentucky HB 230 Establishes clean judicial elections fund for use in races for Supreme Court. Approved by House Judiciary Committee 3/14/12.

Oklahoma SB 1569 Requires judicial and other candidates provide proof of citizenship. Approved by full House 3/14/12.

Tennessee HB 3282 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled. Approved by House Judiciary Committee General Subcommittee 3/14/12.

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. Approved by House Judiciary Committee General Subcommittee 3/14/12.

Vermont SJR 50 Extends various deadlines for the General Assembly's vote on reappointing Superior Court justices. Approved by full House and Senate 3/15/12.

Wisconsin AB 317 Creates public financing system for supreme court and most partisan state-level offices. Motion to suspend rules and withdraw from committee failed 3/15/12.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Arizona SB 1152 Authorizes but does not require creation of homeless courts as divisions of existing courts. Approved by House Judiciary Committee 3/15/12.

Kansas HB 2746 ORIGINAL: Delays expanding court of appeals to 14 judges to January 2014. AMENDED: Delays expanding court of appeals to 14 judges to January 2010. Approved as amended by House Committee of Appropriations 3/14/12.

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

Maryland HB 252 Creates Task Force on Military Service Members, Veterans, and the Courts to study military service-related mental health issues and substance abuse problems and to make recommendations concerning the establishment of a special court for defendants who are military members or veterans. Approved by House Judiciary Committee 3/15/12.

Maryland SB 18 Creates Task Force on Military Service Members, Veterans, and the Courts to study military service-related mental health issues and substance abuse problems and to make recommendations concerning the establishment of a special court for defendants who are military members or veterans. Approved by full Senate 3/14/12.

New Hampshire HB 1665 Enables superior court or circuit court to implement one or more drug courts. Approved by full House 3/7/12.

New York SB 6262 Directs the establishment of gun court calendars in criminal courts to hear cases involving unlawful gun possession and use and requires the expeditious scheduling of trials conducted therein. Ordered discharged from Senate Codes Committee and sent to Senate Rules Committee 3/13/12.

Oklahoma SB 1222 Authorizes creation of veterans' treatment courts in all judicial districts. Approved by full Senate 3/13/12.

Other: Newly Introduced

Alabama HB 520 (Constitutional Amendment) Bans officers of the court from serving in legislature. In House Ethics and Campaign Finance Committee.

Hawaii HCR 187 Urges judiciary ensure that the Access to Justice Commission's task force on adjunct providers of legal services includes at least as many non-lawyers as lawyers. In House (no committee).

Hawaii SCR 161 Urges judiciary ensure that the Access to Justice Commission's task force on adjunct providers of legal services includes at least as many non-lawyers as lawyers. In Senate (no committee).

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

Other: Floor and Committee Activity

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 Senate Judiciary Committee 3/12/12.

Kansas HB 2353 AS AMENDED: Permits carrying of firearms into courthouses by judges. Permits judges to determine who may carry a firearm into judges' courtroom. Permits prosecutors to carry into courthouses and courtrooms, subject to rules established by chief judge of district. Permits county commissioners to authorize carrying of firearms into courthouses. Provides it is not a crime to carry a firearm into a courthouse if there is no "adequate" security measures at entrances and defines "adequate". Approved as amended by full House 3/12/12.

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 full House 3/12/12.

Kentucky HB 480 ORIGINAL: Makes technical changes relating to jury deliberations to change word "must" to "shall" in various statutes. AMENDED: Permits county attorneys to operate traffic safety programs, provide restriction on who may participate in the program, and permit assessment of a reasonable fee. Establishes an additional fee of 15% of the fee the county attorney charges for the traffic safety program, but not less than $25, to be sent to the Administrative Office of the Courts to improve deputy circuit clerk salaries. Approved as amended by full House 3/20/12.

Maryland HB 1061 (Constitutional Amendment) Authorizes Commission on Judicial Disabilities to remove a judge from office for refusal to enforce applicable law, rendering a decision contrary to applicable law, or knowingly disregarding applicable law. Provides judge found by commission to have engaged in above conduct forfeits pension. Provides any person may file complaint alleging above with commission. Rejected by House Judiciary Committee 3/15/12.

Minnesota HB 1607 Permits State Patrol to provide security and protection to Supreme Court justices for a limited period and within the limits of existing resources, in response to a credible threat on the individual's life or safety. Approved by House Public Safety and Crime Prevention Policy and Finance Committee 3/12/12. Approved by House Transportation Policy and Finance Committee 3/15/12.

New Hampshire HB 1384 Establishes that the statute of limitations for any complaint against a judge filed with the judicial conduct committee is 2 years from the conclusion of the trial or appeal during which the act which is the subject of the complaint occurred. Approved by full House 2/1/12.

New York SB 464 Establishes the crime of aggravated harassment of court officers, law enforcement, and others. Approved by Senate Codes Committee 3/13/12.

Oklahoma SB 1733 Permits unconcealed carry of firearm in court locations by a judge. Approved by full Senate 3/14/12.

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 full Senate 3/14/12.

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 Government Operations Committee 3/14/12.

Tennessee HB 2978 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice. Approved by House Judiciary Committee 3/13/12.

Tennessee HB 3051 Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee. Approved by House State & Local Government Committee General Subcommittee 3/14/12.

Tennessee SB 2671 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 Senate Committee on Judiciary 3/13/12.