Volume 6 Issue 16

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

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 full Senate 4/9/12.

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 full House 4/9/12. To Senate to concur with House amendment.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Maryland SB 616 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. Rejected by House Judiciary Committee 4/9/12.

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

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. Approved by Assembly Judiciary Committee 4/10/12.

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 Senate 4/10/12. To Governor for approval.

Louisiana HB 41 Alters various provisions related to federal tax qualification status of the Clerks of Court Retirement and Relief Fund. Approved by full House 4/9/12.

Missouri SB 765 Authorizes clerk of court to charge $10 on garnishments to maintain and improve case processing and record preservation. Approved by Senate Judiciary Committee 4/11/12.

Oklahoma HB 2713 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 full Senate 4/9/12. To Governor for approval.

Oklahoma HJR 1093 Rejects 6% increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation on September 20, 2011. Approved by Senate Rules Committee 4/9/12.

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 Committee 4/10/12.

Tennessee SB 2853 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 Senate Finance, Ways and Means Committee 4/10/12.

Tennessee SB 3314 Imposes additional $2.00 litigation tax on criminal charges instituted in general sessions court. Creates judicial commissioner continuing education account. Subject to appropriation, authorizes moneys in fund to be utilized for development and presentation of continuing education programs. Approved by Senate Judiciary Committee 4/11/12.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Tennessee HB 173 Requires election of all judges, including appellate and supreme court judges. Rejected in Senate Judiciary Committee 4/11/12.

Tennessee HB 2537 Extends sunset date for the judicial performance evaluation commission to June 30, 2013. Approved by House Government Operations Committee 4/10/12.

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 full House 4/12/12.

Tennessee HB 3575 Extends the judicial nominating commission to June 30, 2013. In House Government Operations Committee.

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 Finance, Ways & Means Committee, General Subcommittee 4/11/12.

Tennessee SB 3321 Extends the judicial nominating commission to June 30, 2013. In Senate Government Operations Committee.

Tennessee SB 3652 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists. Approved by full Senate 4/9/12.

Tennessee SJR 183 (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 Senate Ways & Means Committee 4/10/12.

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"). Approved by Senate Judiciary Committee 4/11/12.

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 full Senate 4/10/12. House does not concur with Senate amendments.

Oklahoma SB 1222 Authorizes creation of veterans treatment courts in all judicial districts. Approved by House Judiciary Committee 4/10/12.

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 full Senate 4/12/12.

Other: Newly Introduced

NONE

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. Governor's amendments to bill approved by House and Senate 4/12/12. To Governor for approval.

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 Senate Judiciary Committee 4/12/12.

Louisiana HB 616 Creates the crime of filing a false lien against a court or law enforcement officer Approved by full House 4/4/12.

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. Approved by House Judiciary Committee 4/12/12.

Missouri HB 1256 Prohibits Department of Revenue from releasing the home address or any other information contained in the department’s motor vehicle or driver registration records on state or federal judges or their immediate family members. Provides any local governmental agency is allowed to utilize collection agencies to collect any court or administrative fines or costs associated with a criminal conviction or entry of a civil judgment. Extends statewide court automation fund fee to 2018 and extends Court Automation Committee to 2020. Approved by full House 4/11/12.

New Hampshire HB 344 Changes procedures for judicial performance evaluations. Expands evaluation to include "other nonjudicial branch officers as established by court rule". Requires judges that fail to achieve satisfactory evaluation have follow-up evaluation 18 months later. Requires all reports prepared on judicial performance identify judges individually. Approved by Senate Finance Committee 4/12/12.

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 House Judiciary Committee 4/10/12.

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 full Senate 4/9/12. To Governor for approval.

Tennessee SB 2671 Abolishes the court of judiciary. Creates 16-member board of judicial conduct, divided into 12 member hearing panel, 3 member investigative panel, and chair. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. Approved by full Senate 4/9/12. To Governor for approval.