Volume 6 Issue 19

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Arizona SB 1311 CONFERENCE COMMITTEE: Gives justice of the peace court concurrent civil jurisdiction in cases up to $15,000 (currently $10,000). Removes House amendment to allow supreme court to automatically adjust limit based on inflation. Senate rejects conference committee report 4/30/12.

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 with House amendment by House Committee on Administration of Criminal Justice 5/2/12.

Minnesota SB 506 CONFERENCE COMMITTEE: Increases conciliation court jurisdiction to $10,000 from $7,500. Conference committee report approved by House and Senate 5/3/12. To Governor for approval.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

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. Reapproved by full Senate 5/1/12. To appear on 2012 ballot.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Alabama SB 47 Requires Supreme Court create rules for expedition of civil cases where damages are less than $100,000. Approved by full Senate 5/1/12.

California AB 2073 ORIGINAL: 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. AS AMENDED: Same, but limited to pilot project in Orange County. Approved as amended by Assembly Judiciary Committee 4/26/12.

Salary and Budget: Newly Introduced

Minnesota SB 2620 Provides in event budget failed to be enacted before deadline, prior appropriation continues for judiciary and other specified programs/areas at 100% until final budget approved. Prohibits court from ordering expenditure of funds for any purpose. In Senate State Government Innovation and Veterans Committee.

Salary and Budget: Floor and Committee Activity

Alabama HB 688 Increases docket fees in all civil cases in the circuit and district courts excluding child support cases and in all criminal cases in the circuit, district, and municipal courts. Provides for distribution of the funds into State Judicial Administration Fund, Circuit Clerk's Judicial Administration Fund, and Presiding Circuit Judge's Judicial Administration Fund. Approved by full House 5/3/12.

Connecticut HB 5034 Makes numerous changes to the retirement benefits and requirements for judges, family support magistrates, and compensation commissioners, whose retirement system is separate from the State Employees Retirement System (SERS). Changes how retirement benefits are calculated for compensation commissioners who began serving on or after July 1, 2011 and family support magistrates who began serving before July 1, 2011. Changes how cost of living adjustments (COLAs) are calculated for retired judges, family support magistrates, compensation commissioners, and their surviving spouses. Increases retirement age requirements for those officials with at least 10, but less than 25, years of service. Allows the officials to maintain their current retirement requirements by increasing their contributions to the retirement system.  Approved by full House 5/3/12.

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 full House 5/1/12.

Connecticut SB 31 ORIGINAL: Creates commission on compensation to set judicial salaries every four years. Commission recommendations go into effect automatically unless modified or abrogated by legislature. AS AMENDED: Recommendations no longer automatic. Approved as amended by full Senate 5/2/12.

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. Approved by full House 5/2/12.

Missouri HB 1460 Extends the expiration date of the statewide court automation fund to 2020. Approved as amended by full Senate 5/3/12. To House to concur with Senate amendment.

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. House concurs with Senate amendments 5/3/12. To Governor for approval.

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 full Senate 5/1/12. To Governor for approval.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Missouri SJR 51 (Constitutional Amendment) AS AMENDED: Increases the number of individuals that the Appellate Judicial Commission nominates for vacancies in the Supreme Court or Court of Appeals from three to four. Replaces the Supreme Court member who currently serves as commission chair with additional person chosen by Governor. Allows Supreme Court to appoint a former Supreme Court or Court of Appeals judge to serve as a nonvoting member of the commission if the former judge has not been removed for cause or failed to be retained in a retention election. Provides members appointed by the Governor no longer must be non-bar members. Provides appointed members will serve terms of four years, staggered so that a Governor will appoint two when taking office and two during the middle of his or her term. Approved by full Senate 5/1/12.

Structure Changes: Newly Introduced

New York AB 10004 Creates two pilot programs of veterans courts in the city of Utica and New York City. In Assembly Judiciary Committee.

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 Senate Committee on Judiciary B 5/1/12.

Louisiana SB 133 Expands existing law that permits specialized division or section of district court to include misdemeanor jurisdiction. Approved by full Senate 5/3/12.

Louisiana SB 490 Authorizes creation of reentry courts as divisions of district courts. Withdrawn by author.

New Hampshire HB 1665 Enables superior court or circuit court to implement one or more drug courts. Approved as amended by full Senate 5/2/12. To House to concur with Senate amendment.

Other: Newly Introduced

Alabama SR 86 Requests Supreme Court issue advisory opinion as to constitutionality of SB 563 of 2012. In Senate Rules Committee.

Delaware HCR 42 Requests Supreme Court's opinion on "whether or not the county sheriffs and their deputies have the authority to arrest under any provision in the Constitution of this State." In House Administration Committee.

Louisiana SCR 93 Requests the Integrated Criminal Justice Information System Policy Board to meet and facilitate in the development of an integrated criminal justice information system. In Senate (no committee).

Other: Floor and Committee Activity

Arizona SB 1365 CONFERENCE COMMITTEE: Prevents the government from denying a person an appointment to public office or a position on a board, commission or committee based on the persons exercise of religion. Defines government as all courts and administrative bodies or entities under the jurisdiction of the Arizona Supreme Court. Conference committee report approved by House and Senate 5/1/12. To Governor for approval.

Connecticut HB 5365 AS AMENDED: Makes judge trial referee evaluations available to Judiciary Committee members before a hearing on a referee's nomination. Allows the Judicial Branch to enter into agreements with other agencies on a broader range of security matters. Allows electronic communication by computer, fax, or other technology according to procedures and technical standards set by either the chief court administrator or probate court administrator. Gives notice delivered electronically the same validity and status as if sent by mail. For Supreme Court, gives a party a right to a panel of at least five justices and requires the court to sit in panels of five, six, or seven judges under rules the court adopts. Expands the use of senior judges on Supreme Court panels by allowing them to be part of a panel when at least one justice is disabled or disqualified or the business of the court requires it. Repeals authority for judges to appoint messengers and assistant messengers and set their compensation and assignments. Approved as amended by full House 5/4/12.

Louisiana HB 616 Creates the crime of filing a false lien against a court or law enforcement officer Approved by Senate Committee on Judiciary C 5/1/12.

Louisiana HB 763 Authorizes clerks of court to destroy records if authorized by the state archivist.  Approved by full Senate 5/2/12. To Governor for approval.

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. Approved by Senate Judiciary A Committee 5/1/12. Approved by full Senate 5/3/12.

Missouri SB 628 AS AMENDED: Authorizes local governmental agencies to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a criminal conviction or entry of a civil judgment. Extends collection of the statewide court automation fee until 2018 and the statewide court automation committee until 2020. Authorizes circuit courts that reimburse the state for salaries of their family court commissioners to charge up to $20. Approved as amended by House Rules Committee 5/1/12.

Missouri SB 636 AS AMENDED: Expands prohibition of release of judicial officers' home and personal information and that of their family members from motor vehicle records. Authorizes local governmental agencies to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a criminal conviction or entry of a civil judgment. Extends collection of the statewide court automation fee until 2018 and the statewide court automation committee until 2020. Authorizes circuit courts that reimburse the state for salaries of their family court commissioners to charge up to $20. Approved as amended by House Rules Committee 5/1/12.

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. House concurs with Senate amendment 4/25/12. To Governor for approval.

Pennsylvania HB 1546 Eliminates the requirement Juvenile Court Judges Commission (JCJC) to compile and publish such statistical and other data as may be needed to accomplish reasonable and efficient administration of the juvenile courts system. Replaces with requirement to analyze the data required to be collected by JCJC to identify trends and evidence-based programs and practices to ensure efficient administration of the juvenile justice system. Requires the JCJC to make recommendations to judges, the Administrative Office of Pennsylvania Courts and other appropriate entities and to post that information on JCJC’s website. Approved by full Senate 4/30/12. To House to concur with Senate amendment.

Rhode Island HB 7848 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 House 5/1/12.