Volume 6 Issue 22

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Louisiana SB 303 (Constitutional Amendment) AS APPROVED BY SENATE: "The right of each citizen to acquire, keep and bear, possess, transport, carry, transfer, and use arms for defense of life and liberty, and for all other legitimate purposes is fundamental and shall not be denied or infringed, and any restriction on this right shall be subject to strict scrutiny." AS APPROVED BY HOUSE: "The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny." Approved with House amendment by full House 5/24/12. To Senate to concur with House amendment.

Michigan HB 5124 Changes language stating that concurrent jurisdiction plans "may" be adopted, into language stating that such plans "shall" be adopted, unless a majority of all judges vote not to have a plan of concurrent jurisdiction. Provides if such a vote occurs, the chief judge of the circuit court of the judicial circuit shall report the results to the State Court Administrator. Adds language allowing concurrent jurisdiction plans to include sharing jurisdiction between one or more district courts within a judicial circuit. Allows a plan of concurrent jurisdiction to apply to other matters involving trial court operation, as approved by the Supreme Court. Eliminates some of the types of plans that are not allowed under concurrent jurisdiction, including power of appointment to a public office delegated to a district court or district judge. Removes the requirement that district courts have exclusive jurisdiction over small claims, and that probate courts have exclusive jurisdiction over trust and estate matters. Approved by House Committee on Judiciary 5/24/12.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

NONE

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

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 full Assembly 5/25/12.

North Carolina HB 517 AS AMENDED: Creates position of chief magistrate. Provides chief district judge may appoint full time magistrate for county to serve as chief magistrate at chief district judge's pleasure. Modifies current method(s) for discipline of magistrates. Allows resident superior court judge to give notice in cases where defendant has not been tried for 9 months after indictment to hold a trial conference. Approved by Senate Judiciary I Committee 5/24/12.

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 Appropriations Committee 5/25/12.

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 Senate 5/21/12. 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. House concurs with Senate amendments 5/24/12. To Governor for approval.

Missouri HB 1639 AS AMENDED BY HOUSE: Allows all state agencies, including the courts/judiciary, refer to the department of revenue for the collection of any debt owed to them. AS AMENDED BY SENATE: Strikes all language, replaces with provisions on reducing income tax rates. Approved as amended by Senate Ways and Means Committee 5/18/12.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

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 full Senate 5/21/12. Approved by full House 5/22/12. No further approvals required.

Michigan HB 5162 Authorizes but does not require veterans treatment courts as divisions of Circuit and District Courts to provide a supervised treatment program for veterans who abuse or are dependent upon controlled substances or alcohol or suffer from a mental illness. Approved by full House 5/24/12.

Other: Newly Introduced

North Carolina SB 851 Eliminates state's Courts Commission. In Senate Committee on Program Evaluation.

Other: Floor and Committee Activity

California AB 2381 Provides employees of the Judicial Council may form bargaining units/unions. Defines "state employee" to include any employee of the Judicial Council except for managerial, confidential, and supervisory employees. Excludes from the definition of "state employee" any judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. Designates the Administrative Director of the Courts as the "employer" for purposes of bargaining or meeting and conferring in good faith. Specifically excludes certain matters from the scope of representation, however the impact of those matters are included if those matters affect wages, hours, and terms and conditions of employment of Judicial Council employees. Requires the Public Employment Relations Board (PERB) when determining appropriate bargaining units for these employees to not include them in a bargaining unit that includes other employees. Approved by Assembly Appropriations Committee 5/25/12.

Illinois HB 5187 Requires clerk of court post the rights of crime victims set forth in the Illinois Constitution and in law within 3 feet of the door to any courtroom where criminal proceedings are conducted. Approved by full Senate 5/22/12. To Governor for approval.

Illinois HB 5877 AS AMENDED: Provides that if the Administrative Office of the Illinois Courts has a policy and procedure for a state judicial officer to file a written request for non-disclosure of personal information by a government agency with the Administrative Office, the state judicial officer may file the written request with the Administrative Office of the Illinois Courts. Provides on a quarterly basis the Administrative Office to ill provide a list of all state judicial officers who have submitted a written request to it and provide the list to the appropriate officer with ultimate supervisory authority for a government agency. Requires he officer hall promptly provide a copy of the list to any and all government agencies under his or her supervision. Specifies receipt of the written request list constitutes the written request to the agency that it not disclose the personal information of the listed state judicial officers. Changes Election Code allowing redaction of a judicial candidate's home address on a certificate of nomination or nomination papers after the Election Code objection period, to apply only to a judicial officer who is a judicial candidate. Provides that prior to expiration of the objection period the judicial officer's home address information from the his or her certificate of nomination or nomination papers is available for public inspection; however, after redaction the home address information is only available for an in camera inspection by the court reviewing an objection to a judicial candidate's certificate of nomination or nomination papers. Allows a judicial officer applying for an Illinois Identification card to use his or her work address in lieu of his or her residence or mailing address in the card application. Includes judicial officers in the list of persons who may use a work or business address instead of a domicile address on a vehicle registration application Approved as amended by full Senate 5/25/12. To Governor for approval.

Louisiana HB 325 Increases the special cost assessed in criminal cases in each judicial district court for the district indigent defender fund. Approved with Senate amendments by full Senate 5/23/12. To House to concur with amendments.

Louisiana HB 616 Creates the crime of filing a false lien against a court or law enforcement officer. Approved by full Senate 5/22/12. To Governor for approval.

Louisiana HB 1010 AS AMENDED BY SENATE: 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 with nonpublic funds furniture (House version included equipment) upon termination of office, in accordance with policies of the Judicial Budgetary Control Board and the presentation of itemized statements from judges setting forth in detail the items to be purchased. Approved as amended by full Senate 5/24/12. To House to concur with Senate amendment.

Louisiana HCR 81 Requests the Louisiana State Law Institute study and make recommendations for legislation relative to expedited jury trial Approved by full Senate 5/23/12. No further approvals required.

Louisiana HCR 124 Requests the Innocence Project New Orleans to apply to the Judicial Council for an additional court cost to fund the Innocence Compensation Fund Approved by full House 5/24/12.

Louisiana HCR 134 Requests the La. State Law Institute to study procedures relative to the abandonment of civil actions Approved by full Senate 5/23/12. No further approvals required.

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 full House 5/24/12. To Governor for approval.

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 House and Governmental Affairs 5/22/12.

Michigan HB 5159 Adds circuit or district court judge who has presided over a veterans treatment court to state drug treatment court advisory committee. Expands committee's role to include monitoring the effectiveness of veterans treatment courts. Approved by full House 5/24/12.

New York AB 7207 Changes number of city court judges and their salaries in various cities throughout state. Approved by Assembly Judiciary Committee 5/22/12.

North Carolina HB 778 AS AMENDED: Provides where there is significant evidence of prosecutorial misconduct in a case, the Chair of the Innocence Commission may request the Attorney General appoint a special prosecutor (currently, Director of the Administrative Office of the Courts appoints). Approved by Senate Judiciary I Committee 5/24/12.

Ohio HB 62 AS PASSED BY HOUSE: Increases penalties and fines for assaults on hospital personnel. AS AMENDED: Same, but also increases penalties and fines for assaults against judges, magistrates, prosecutors, or court officials or employees. Approved with Senate amendment by Senate Judiciary - Criminal Justice Committee 5/23/12.

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 Senate Judiciary Committee 5/24/12.

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 full Senate 5/22/12.