Volume 6 Issue 15

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Arizona SB 1311 Increases justice of the peace civil jurisdiction from $10,000 to $25,000. Approved by full House 4/2/12. To Governor for approval.

Louisiana HB 777 Changes the jurisdictional amount in dispute in a small claims division of city court from $3,000 to $5,000. Approved by House Judiciary Committee 4/5/12.

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. Approved by Senate Judiciary C Committee 4/3/12.

Missouri SJR 45 (Constitutional Amendment) Prohibits the executive, judicial, and legislative branches of Missouri's government from recognizing, enforcing, or acting on any federal law, executive order, judicial or administrative ruling, collection or dispersal of revenue, or other actions by the three branches of government that exceed the limited powers enumerated in the United States Constitution and delegated to the federal government. Prohibits the executive, judicial, and legislative branches of Missouri's government from recognizing, enforcing, or acting on federal restrictions on the right of private citizens to bear arms; federal laws legalizing or funding abortions or the destruction of human embryos; certain specified federal actions involving health care including a federal public option; federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions; federal actions mandating the recognition of same sex marriages; federal actions increasing the penalty for a crime based on a perpetrators thoughts or designating hate crimes; federal actions regarding the Establishment Clause based on a "wall of separation" between church and state; and federal actions restricting the right of parents or guardians to home school or enroll their children in a private or parochial school or placing restrictions on the schools curriculum. Requires Missouri courts to interpret the United States Constitution based on its language and the intent of the signers at the time of its passage. Interpretation of its amendments must be based on the intent of the congressional sponsors and co-sponsors. Non-originalist methods of interpretation that consider the constitution a "living, breathing document" and any interpretation that expands federal authority beyond the limited powers enumerated and delegated to the federal government are to be deemed to exceed the limited powers of the federal government. Missouri courts will be required to use this method of interpretation, and any court ruling inconsistent with this method will not be recognized or enforced in Missouri. Allows Missouri citizens to have standing to bring suit to enforce the provisions of the resolution. Approved by Senate General Laws Committee 4/3/12.

Oklahoma SB 1196 SENATE APPROVED: Increases small claims jurisdiction from $6,000 to $10,000. HOUSE AMENDED: Increases small claims jurisdiction from $6,000 to $7,500. Approved as amended by House Judiciary Committee 4/3/12.

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 House 4/5/12. To Governor for approval.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Alabama SB 138 Allows a former or retired judge with certain qualifications to preside over cases in a circuit or district court. Approved by House Judiciary Committee 4/5/12.

Hawaii SB 650 (Constitutional Amendment) Authorizes the chief justice of the supreme court to appoint judges who have retired upon attaining the age of seventy years as emeritus judges, permitting the appointed judges to serve as per diem judges or judicial mentors in courts no higher than the court level they reached prior to retirement and for terms not to exceed three months Approved by House Finance Committee 4/4/12.

Louisiana SB 186 (Constitutional Amendment) ORIGINAL: Specifies person to fill judicial or other vacancy must be eligible to be a candidate to that same office. AS AMENDED: Deletes provisions relative to the judicial branch, local government, tax assessors Approved as amended by Senate Government Affairs Committee 4/4/12.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

Connecticut HB 5388 ORIGINAL: 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. AS AMENDED: Same, but sunsets the fee after 3 years. Approved as amended by Joint Committee on Judiciary 4/2/12.

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 jointly by Senate Judiciary and Ways & Means Committees 4/3/12.

Louisiana HB 41 Alters various provisions related to federal tax qualification status of the Clerks of Court Retirement and Relief Fund. Approved by House Retirement Committee 4/2/12.

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 with House amendments by full House 4/1/12. Conference committee appointed. Conference committee report approved by House and Senate 4/6/12. To Governor for approval.

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 Senate 4/4/12. To Governor for approval.

Nebraska LB 576 Creates Nebraska Statutes Distribution Cash Fund for use by the Supreme Court to offset distribution costs. Approved by full Senate 4/5/12. To Governor for approval.

Nebraska LB 862 Sets salaries for justices of the supreme court as $145,614.74 (Although the bill only specifies salary increases for Supreme Court Judges, other judges will also receive an increase in salary as their salaries are statutorily tied to the Supreme Court judge salaries.) Approved by full Senate 4/5/12. To Governor for approval.

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 Senate General Government Committee 4/3/12.

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 Appropriations Committee 4/2/12.

Tennessee HB 2633 Increases by $2.00 the filing fee charged by clerks and data fee entry chargeable by clerks, except in certain cases brought by the state and state agencies. Approved by House Finance, Ways & Means Committee, General Subcommittee 4/4/12.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

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. Approved by Senate Judiciary Committee 4/3/12.

Tennessee HB 3691 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists. Approved by House Judiciary Committee 4/4/12.

Tennessee HJR 830 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by House Judiciary Committee 4/3/12.

Rhode Island HB 8043 Extends until 2013 law allowing any individual whose name was publicly submitted to the governor by the judicial nominating commission to be eligible for subsequent nomination by the governor. In House Judiciary Committee.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Louisiana HB 592 Adds authority for judges of judicial district to create a section or division for misdemeanors and traffic offenses. Approved by House Judiciary Committee 4/5/12.

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 Senate 3/31/12. To Governor for approval.

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 full House 4/5/12.

Tennessee HB 3394 Authorizes creation of veterans' courts to address particular concerns of veterans suffering from post traumatic stress and other conditions arising from military service. Approved by House Finance, Ways & Means Committee, General Subcommittee 4/4/12.

Tennessee SB 3222 Authorizes creation of veterans' courts to address particular concerns of veterans suffering from post traumatic stress and other conditions arising from military service Approved by Senate Judiciary Committee 4/4/12.

Other: Newly Introduced

Alabama SB 465 (Constitutional Amendment) Limits the appointed members of the Judicial Inquiry Commission and the Court of the Judiciary to four-year terms. Provides no member would serve more than two consecutive terms. In Senate Judiciary Committee.

California AB 2381 Provides employees of the Judicial Council may form bargaining units/unions. In Assembly Judiciary Committee.

California AB 2473 States that the court security services provided by the sheriff, as agreed upon by the superior court and the sheriff, may include, but shall not be limited to, among other things, performing bailiff functions, escorting prisoners to and from holding cells, and providing security in areas adjacent to a courthouse facility, as specified. In Assembly Judiciary Committee.

California AB 2501 Requires all state agencies have their primary administrative office on Sacramento. Prohibits Supreme Court from hearing cases outside Sacramento. In Assembly Business, Professions and Consumer Protection Committee.

Massachusetts HB 3987 Redefines laws related to intimidation in the criminal justice system. In Joint Committee on Judiciary.

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.  House concurs with Senate amendments 4/3/12. To Governor for approval.

Arizona HB 2449 Amends existing statute regarding performance audits of state administrative office of the courts to require, after audio, House and Senate Judiciary Committees meet jointly and conduct hearing on audit. Approved by full Senate 4/3/12. To Governor for approval.

Louisiana HB 763 Authorizes clerks of court to destroy records in certain circumstances. Approved by House Governmental Affairs Committee 4/4/12.

Nebraska LB 782 Requires reports filed with the Legislature, including those under the Judges Retirement Act and/or by the Judicial Resources Commission, be filed electronically. Approved by full Senate 3/30/12. To Governor for approval.

Nebraska LB 817 Requires Community Corrections Division of the Nebraska Commission on Law Enforcement and Criminal Justice collect data on admissions to and discharges from problem solving courts. Approved by full Senate 4/5/12. To Governor for approval.

Nebraska LB 880 Requires judicial and other state branches/agencies reduce costs and adopt modern methods of state and local records management. Approved by full Senate 4/4/12. To Governor for approval.

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. Rejected by Senate Judiciary Committee 4/5/12.

Oklahoma SB 1508 Provides forms and procedures associated with Court Clerks 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 4/5/12.

Oklahoma SB 1733 Permits unconcealed carry of firearm in court locations by a judge. Approved by House Public Safety Committee 4/4/12.

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 Appropriations Committee 4/2/12.

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. Approved by full Senate 4/4/12.

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 Finance, Ways & Means Committee, General Subcommittee 4/4/12.

Tennessee SB 2795 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice. Approved by Senate Judiciary Committee 4/3/12.