Volume 6 Issue 13

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Kansas HCR 5006 (Constitutional Amendment) ORIGINAL: Prohibits the judicial branch from directing the legislative branch to make any appropriation of money or to redirect an appropriation or limit in any fashion an appropriation already made by law, except as the legislative branch may provide by law or as may be required by the constitution of the United States. AMENDED: Same but strikes reference to U.S. Constitution. Approved as amended by House Committee on Judiciary 3/16/12.

Kansas SB 79 ORIGINAL: Amends the state debt setoff law to provide that the collection assistance fee for all debts owed to a court shall be paid by the debtor as an additional cost, rather than deducted from the debts owed to a court. AS AMENDED: Strikes all existing language. Declares void any court, arbitration, tribunal, or administrative ruling or decision based on a foreign law, legal code, or system that does not grant the parties affected the fundamental liberties, rights, and privileges granted by the U.S. and Kansas constitutions. Approved as amended by House Judiciary Committee 3/19/12.

Qualifications and Terms: Newly Introduced

Pennsylvania SB 1452 (Constitutional Amendment) Increases mandatory retirement age from 70 to 75. In Senate Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Georgia SB 351 Requires all municipal court judges receive same training. Approved by full House 3/22/12. To Governor for approval.

Maryland SB 616 (Constitutional Amendment) ORIGINAL: Increases from 70 to 72 the mandatory retirement age for judges. Requires that judges serving after age 70 must be certified as fit by states court of last resort (Court of Appeals). AS AMENDED: Establishes Commission to Study the Retirement of Judges. Approved as amended by full Senate 3/22/12.

New Hampshire CACR 11 (Constitutional Amendment) ORIGINAL: Sets 5 year terms for judges (currently, they serve during good behavior until age 70). AMENDED: Same, but only applies to those appointed after 1/1/2012. Removed from table but failed to advance on procedural vote 3/21/12.

New York SB 4587 (Constitutional Amendment) Increases the mandatory retirement age for all judges and justices of the unified court system, except for justices of town and village courts, from 70 to 74. Permits justices of the supreme court and judges of the court of appeals to continue in service past the mandatory retirement age for three two year terms. (Note: in New York, "supreme court" is court of general jurisdiction). Approved by Senate Judiciary Committee 3/20/12.

Rule Making Authority: Newly Introduced

NONE

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 by Senate Government Affairs Committee 3/20/12.

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. Approved by full House 3/22/12.

Kansas SB 423 ORIGINAL: Removes the number specified of judges in each district and allow the Supreme Court to allocate all judicial resources as it determines necessary and appropriate. AS AMENDED: Retains provisions requiring court to be held in certain cities and to add the provision regarding residency of judges in districts with at least one judge per county. Approved as amended by Senate Committee on Judiciary 3/19/12.

New Hampshire CACR 22 (Constitutional Amendment) Provides that the chief justice shall adopt court rules only with the concurrence of the legislature. Taken from table and rejected by full House 3/21/12.

New Hampshire CACR 26 (Constitutional Amendment) Repeals constitutional provision authorizing the chief justice of the supreme court to make rules governing the administration of all the courts. Approved by full House by 3/5ths vote 3/21/12.

New Hampshire HB 1395 Declares unconstitutional and revokes supreme court rules amendments that would require attorneys to create or maintain a pooled interest-bearing trust account for clients funds nominal in amount or to be held for a short period of time, and to remit the interest earned thereby to the New Hampshire Bar Foundation. Approved by House Constitutional Review and Statutory Recodification Committee 3/22/12.

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 full Assembly 3/19/12.

Salary and Budget: Newly Introduced

Louisiana HB 1011 Authorizes an increase relative to the amount of reimbursements for lease payments and expenses incurred for vehicles used by certain judges for official purposes. In House Judiciary Committee

Minnesota HB 2952 Requires judiciary and other branches/agencies adopted zero-based budgets. In House Government Operations and Elections Committee.

New Jersey AB 2872 Repeals law that established commission, inactive since 1999, to conduct review of salaries of certain public officials. In Assembly Regulatory Oversight and Gaming Committee.

Salary and Budget: Floor and Committee Activity

Georgia HB 351 Changes portion of fees/fines paid to the Judges of the Probate Courts Retirement Fund. Approved by Senate Retirement Committee 3/22/12.

Georgia HB 542 Provides for transfer of service credit from the Georgia Judicial Retirement System to the Employees Retirement System of Georgia. Approved by Senate Retirement Committee 3/21/12.

Georgia SB 50 Resorts priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, so as to add certain fees for funding of local victim assistance programs into the list of priorities;. Approved by House Judiciary Committee 3/19/12.

Idaho HB 651 Increases judicial salaries 2%. Approved by Senate Judiciary Committee 3/21/12.

Idaho HB 660 Revises and restructures Judges Retirement Fund. Increases employers contribution rate from 7% to 10.5% & employees 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, Approved by House Judiciary Committee 3/20/12.

Kansas SB 322 Extends the Judicial Branch surcharge through FY 2013. Approved by full House 3/21/12. To Governor for approval.

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 HB 300 Requires that an audit of the Judicial Form Retirement System shall be performed by the Auditor of Public Accounts at least once every five years. Requires the governing board and investment committee for the Judicial Retirement Plan establish ethics policies and procedures. Establishes term limits for members and chairs of the Board of Trustees of the Judicial Retirement System. Requires the Judicial Form Retirement System to make available on a public website all system expenditures, except protected individual retirement-specific records of members/retirees of the Judicial Retirement Plan;  establish conflict of interest provisions for System trustees and employees; and mandate that no funds of the Judicial Retirement Plan shall be used to pay unregulated placement agents. Approved by Senate Appropriations & Revenue Committee 3/20/12.

Maryland HB 249 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 full House 3/22/12.

Selection: Newly Introduced

Tennessee SJR 710 (Constitutional Amendment) Constitutionally enshrines a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. In Senate Judiciary Committee.

Selection: Floor and Committee Activity

Georgia HB 899 Moves judicial elections to July. Approved by Senate Rules Committee 3/22/12.

Hawaii SB 2209 (Constitutional Amendment) Requires the judicial selection commission to disclose the names of and other statistical information regarding active nominees and applicants to fill justice and judge vacancies. Approved by House Judiciary Committee 3/20/12.

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 full House 3/21/12.

Missouri HJR 44 (Constitutional Amendment) Modifies state merit selection system. Increases from 3 to 5 names to be submitted to governor. Allows governor to reject first panel of 5 names and receive additional panel, none of whom may have been named in first panel. Changes appellate judicial commission to remove justice of supreme court, provides non-lawyer members appointed may not be the spouse of a member of the bar, and all commissioners must be senate confirmed. Makes similar changes to circuit judicial commissions. Ends service of all current commission members effective date of adoption of amendment. Allows incoming governors to remove commissioners appointed by prior governor(s). Approved by House Special Standing Committee on Judicial Reform 3/21/12.

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 3/20/12.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Hawaii HB 2798 Establishes the Temporary Hawaii Veterans Treatment Court within the First Judicial Circuit Court. Approved by joint meeting of Senate Public Safety, Judiciary, and Health Committees 3/21/12.

Illinois HB 4926 Changes the definitions of "drug court professional", "Veterans and Servicemembers Court professional", and "mental health court professional" to include peer recovery coaches and coordinators. Provides that a Veterans and Servicemembers Court may be established as a problem solving court and includes a mental health court. Deletes provisions that exclude from a Veterans and Servicemembers Court program or a mental health court program a defendant who has previously completed or has been discharged from such program within 3 years of that completion or discharge. Provides that in addition to other entities prescribed by law, mental health court professionals, Veterans and Servicemembers Court professionals, and juvenile detention facilities may disclose a recipient's mental health record or communications, without consent, to each other, but only for the purpose of admission, treatment, planning, or discharge. Approved as amended by full House 3/23/12.

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 full House 3/18/12.

Other: Newly Introduced

Louisiana HB 1010 Provides that title to all furniture and equipment purchased or owned by the courts of appeal is vested in the purchasing court and further authorizes any judge to purchase furniture and equipment upon termination of office. In House Judiciary Committee.

New Jersey SB 1808 Provides the head of the Judicial branch and every State branch/agency determine whether there are ways to reduce costs through increased use of the Internet, including electronic mail, to provide services and conduct public business. In Senate State Government Committee.

Other: Floor and Committee Activity

Alabama HB 17 Allows a judge or other public servant to request to remove a false instrument that has been filed against the public servant to be removed to circuit court and be expedited. Approved by full Senate 3/22/12. To House to concur with Senate amendments.

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 full House 3/20/12.

Alabama SB 17 (Constitutional Amendment) ORIGINAL: Permits recall of all elected officials, including judges. AS AMENDED: Same, but procedures for recall must be approved by 2/3rds majority of House and Senate. Approved as amended by Senate Constitution, Campaign Finance, Ethics, and Elections Committee 3/22/12.

California AB 1529 Modifies provisions of law to reflect trial court restructuring. Deletes obsolete references to municipal courts and would specify the jurisdiction of a writ petition relating to a small claims case in the unified state court system. Approved by Assembly Judiciary Committee 3/20/12.

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 persons involvement in a judicial proceeding. Approved by Senate Judiciary Committee 3/22/12.

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 Senate Judiciary Committee 3/22/12.

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 Senate Judiciary Committee 3/20/12.

Kentucky HB 171 Permits retired Commonwealths or county attorney and retired assistant Commonwealths or county attorneys to carry a concealed deadly weapon statewide, including into courthouses. Approved by Senate Judiciary Committee 3/22/12.

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.

Minnesota SB 1283 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 individuals life or safety. Approved by Senate Rules Committee 3/22/12.

New York SB 464 Establishes the crime of aggravated harassment of court officers, law enforcement, and others. Approved by full Senate 3/21/12.

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 3/20/12.

Tennessee HB 3222 Allows a person to carry a firearm during a judicial proceeding if the person is a judge, has a handgun carry permit and only carries the gun concealed while engaged in judicial duties. Rejected by House Judiciary Committee General Subcommittee 3/21/12.

Tennessee 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. Approved by Senate State and Local Government Committee 3/20/12.