Volume 6 Issue 21

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

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 full Senate 5/14/12. To Governor for approval.

Michigan SB 269 Incrementally increases small claims jurisdiction (currently $3,000) to $5,000 in September 2012, $6,500 in January 2015, and $7,500 in January 2024. Approved as amended by full Senate 5/8/12. To Governor for approval.

New Hampshire HB 1422 ORIGINAL: Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individuals or corporations rights under the New Hampshire constitution or the United States Constitution. AS AMENDED: Unless the parties have previously agreed in writing to the contrary, no tribunal shall apply or enforce a foreign law or a state law or decision enforcing a foreign law, or base a determination in whole or in part on foreign law, if such application or enforcement would supersede or take precedence over any right, liberty, or privilege under the constitution of the state of New Hampshire, the laws or public policy of the state of New Hampshire, or the constitution of the United States. Referred to interim study by full Senate 5/16/12.

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 with House amendment by full Senate 5/15/12. To Governor for approval.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

New Hampshire HB 1722 ORIGINAL: Clarifies no judge or attorney may appear before one another if in newly created Circuit Court if they are professionally affiliated. AMENDED: Provides no attorney associated with a judge in the practice of law shall be permitted to practice in the division at the circuit court site in which the judge is assigned. Approved by full Senate 5/16/12.

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 full Senate 5/16/12. To Governor for approval.

Alabama SB 47 ORIGINAL: Requires Supreme Court create rules for expedition of civil cases where damages are less than $100,000. CONFERENCE COMMITTEE: Same, but for cases less than $50,000. Expressly exempts domestic relations, family law, property law, and tax law from program. Conference committee report approved by House and Senate 5/16/12. To Governor for approval.

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 Appropriations Committee 5/16/12.

New Hampshire CACR 26 (Constitutional Amendment) AS APPROVED BY HOUSE: Repeals constitutional provision authorizing the chief justice of the supreme court to make rules governing the administration of all the courts. SENATE AMENDMENT: Provides "The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule." Approved as amended by full Senate 5/16/12. To House to concur with Senate amendment.

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. Rejected by full Senate 5/16/12.

New York SB 6019 Provides, with the permission of the chief administrator of the courts, electronic court appearance in a criminal action, anywhere in the state, in the discretion of the court having jurisdiction of the defendant. Approved by Senate Codes Committee 5/15/12.

New York SB 6624 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 Senate Judiciary Committee 5/15/12.

Salary and Budget: Newly Introduced

New Jersey ACR 152 (Constitutional Amendment) Changes provision of constitution prohibiting diminished of judicial salaries while in office to provide diminishment may not occur "except for deductions from such salaries for contributions, established by law from time to time, for pensions as provided for under paragraphs 3 and 5 of Section VI of this Article, health benefits, and other, similar benefits." In Assembly (no committee).

New Jersey SCR 110 (Constitutional Amendment) Changes provision of constitution prohibiting diminished of judicial salaries while in office to provide diminishment may not occur "except for deductions from such salaries for contributions, established by law from time to time, for pensions as provided for under paragraphs 3 and 5 of Section VI of this Article, health benefits, and other, similar benefits." In Senate Budget and Appropriations 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 Senate 5/16/12. House concurs with Senate amendments. To Governor for approval.

Illinois HB 1447 ORIGINAL: Provides that, for persons who first become participants of either system on or after the effective date of the amendatory Act: (i) the automatic annual increases in participant and survivor annuities shall be at the rate of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u, whichever is less, of the originally granted retirement annuity (rather than at the rate of 3% or the annual unadjusted percentage increase in the consumer price index-u, whichever is less, of the annuity then being paid) and (ii) the annual increases in highest salary for annuity purposes and final average salary shall be at the rate of the lesser of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u (rather than at the rate of the lesser of 3% or the annual unadjusted percentage increase in the consumer price index-u). AMENDED: Authorizes persons who are participants in the affected systems on the effective date to elect the reduced benefits provided in the introduced bill. Approved by Senate Executive Committee 5/16/12.

Louisiana HB 41 Alters various provisions related to federal tax qualification status of the Clerks of Court Retirement and Relief Fund. Approved by full Senate 5/17/12. To House to concur with Senate amendments.

Maine HB 603 ORIGINAL: Removes the Maine Governmental Facilities Authority’s ability to issue bonds or negotiable securities beginning October 1, 2011. AS AMENDED: Restores the authority of the Maine Governmental Facilities Authority to issue bonds or negotiable securities, which the bill removes, with the limitation that, beginning January 1, 2013, the Maine Governmental Facilities Authority may issue bonds or negotiable securities solely to fund court facility projects. Approved as amended by House and Senate 5/16/12. To Governor for approval.

Missouri HB 1460 Extends the expiration date of the statewide court automation fund to 2020. House concurs with Senate amendment 5/16/12. To Governor for approval.

New Hampshire SB 354 ORIGINAL: 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. AS AMENDED: Changes authority of administrative judges over new circuit courts. Decentralizes authority and requires each court have a presiding judge with administrative authority. Approved as amended by full House 5/16/12.

Selection: Newly Introduced

New Jersey SB 1863 Allows for three types of municipal courts: municipal courts of single municipalities, joint municipal courts, and central municipal courts and specifies manner of selection for each. In Senate Judiciary Committee.

New Jersey SCR 106 (Constitutional Amendment) Eliminates the Governor and the Senate from involvement in the appointment of municipal court judges with jurisdiction extending to more than one municipality. Provides such judges would be appointed as provided in law. In Senate Judiciary Committee.

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

New Jersey AB 2991 Requires mandatory drug addiction assessments and participation in drug court program under special probation statute for certain offenders. In Assembly (no committee).

New Jersey SB 1877 Requires mandatory drug addiction assessments and participation in drug court program under special probation statute for certain offenders. In Senate Judiciary Committee.

New Jersey SB 1963 Establishes pilot program for mandatory sentencing to drug court program under special probation statute for certain offenders. In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

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 Senate 5/17/12. To Governor for approval.

Louisiana HB 592 Adds authority for judges of judicial district to create a section or division for misdemeanors and traffic offenses. Approved with Senate amendment by full House 5/15/12. To Governor for approval.

Louisiana HCR 105 Requests state Dept. of Veterans Affairs to conduct a study of Veterans Treatment Courts and the feasibility of creating and implementing such courts in the state of Louisiana. Approved by Senate Health and Welfare Committee 5/16/12.

New Jersey AB 2883 Establishes pilot program for mandatory sentencing to drug court program under special probation statute for certain offenders. Approved by Assembly Judiciary Committee 5/14/12.

Other: Newly Introduced

New Jersey AB 2786 Clarifies that the implementation of a municipal court security plan, shall be at the discretion of the municipal governing body. In Assembly Judiciary Committee.

New York AB 7207 Changes number of city court judges and their salaries in various cities throughout state. In Assembly Judiciary Committee.

Rhode Island HB 8169 Allows the general magistrate of the family court, upon retirement and at the direction of the chief justice of the supreme court, to perform services as general magistrate as the chief justice prescribes without any reduction of retirement benefits. In House Finance Committee.

Other: Floor and Committee Activity

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 as amended by full Senate 5/8/12. To Governor for approval.

Alabama SJR 98 Creates Interim Alabama Judicial System Study Commission to examine structure and function of the United Judicial System, court jurisdiction, fees and costs of the judiciary, compensation of all judges and court employees. Approved by full Senate 5/10/12.

Alabama SR 86 Requests Supreme Court issue advisory opinion as to constitutionality of SB 563 of 2012. Approved by full Senate 5/8/12.

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 full Assembly 5/14/12.

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. Approved by full Assembly 5/17/12.

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 House Committee on Civil Law and Procedure 5/14/12.

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. Approved by House Committee on Administration of Criminal Justice 5/16/12.

Missouri HB 1534 Prohibits judges and other public officers/employees from enforcing federal Patient Protection and Affordable Care Act. Declares any U.S. government employee who attempts to enforce law is guilty of class A misdemeanor. Approved by Senate General Laws Committee 5/14/12. Approved by Senate Ways and Means Committee 5/16/12.

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. Conference committee report approved by Senate 5/17/12 and by House 5/18/12. To Governor for approval.

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 2015 and the statewide court automation committee until 2017. Conference committee report approved by House and Senate 5/18/12. To Governor for approval.

New Hampshire HB 1131 ORIGINAL: Establishes a committee to study the revisions to laws which would be necessary if the supreme court and superior court were abolished as constitutional courts. AMENDED: Creates committee "to study methods of creating a balanced and neutral judiciary". Rejected by full Senate 5/16/12.

New Hampshire HB 1474 Prohibits requiring membership in any bar association or other professional organization as a condition for practicing law or for appointment to certain positions. Referred to interim study by full Senate 5/16/12.

New York SB 6618 Provides for privilege and confidentiality of communications with members of a judicial assistance committee created by state or local bar association. Approved by Senate Judiciary Committee 5/15/12.

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 full Senate 5/15/12. To Governor for approval.

Rhode Island SB 2941 Allows the general magistrate of the family court, upon retirement and at the direction of the chief justice of the supreme court, to perform services as general magistrate as the chief justice prescribes without any reduction of retirement benefits. Approved by Senate Judiciary Committee 5/10/12.