Volume 6 Issue 3

Indicates featured legislation

Jurisdiction: Newly Introduced

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 perpetrator's 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 school's 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. In Senate (no committee).

Tennessee SB 2348 Provides that the supreme, circuit, criminal and chancery courts have no jurisdiction to determine the constitutionality of a statute properly enacted by the general assembly. Prefiled (no committee).

Virginia HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person's rights guaranteed by the United States Constitution or the Constitution of Virginia. In House Committee for Courts of Justice.

Virginia HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law. In House Committee on Courts and Criminal Code.

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

Washington HB 2300 Permits district judges only to serve until the end of the term in which they turn 75 (currently, must retire at end of calendar year turn 75). In House Judiciary Committee.

West Virginia SB 108 Requires magistrates to possess a bachelor's degree, an associate's degree in criminal justice or have at least four years prior experience as a magistrate. In Senate Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

NONE

Rule Making Authority: Newly Introduced

Kentucky HB 239 Requests that the Supreme Court institute at least one pilot project in each Supreme Court District to provide for opening or limited opening of cases in Family Court, Circuit Court, or District Court relating to abuse, neglect and dependency proceedings, and termination of parental rights proceedings, exclusive of sexual abuse proceedings. In House Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

Arizona HB 2078 Sets judicial and other salaries. Prefiled (no committee).

Arizona HB 2283 Specifies that for state benefits purposes, "state employee" includes only those employed by the judicial branch whose salaries are paid for by the state. In House (no committee).

Florida HB 4093 Repeals provisions relating to taxing of costs in Supreme Court for copies of records of any paper on file in Supreme Court ordered by losing party or his or her attorney. In House Judiciary Committee.

Florida SB 882 Repealing provisions which prohibits the Supreme Court from taxing the costs of copies of records against the losing party under certain circumstances, etc. In Senate Judiciary Committee.

Missouri HB 1202 Allows a juvenile court employee to receive compensation from a county or city in addition to his or her state salary. In House (no committee).

Rhode Island HB 7076 Requires adoption of zero-based budget by judiciary by 2016. In House Finance Committee.

Tennessee HB 2481 Authorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body. Prefiled (no committee).

Tennessee SB 2456 Authorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body. Prefiled (no committee).

Tennessee HB 2496 Removes references to the office of the comptroller of the treasury in connection with the judicial cost accountant. Prefiled (no committee).

Tennessee SB 2383 Removes references to the office of the comptroller of the treasury in connection with the judicial cost accountant. Prefiled (no committee).

Virginia HB 482 Replaces the $5 Technology Trust Fund Fee with a $4 Local Technology Trust Fund Fee and a $1 State Technology Trust Fund Fee. Provide $4 local fee will be deposited into the circuit court clerk's nonreverting fund to be used for the operational expenses associated with providing secure remote access to land records. Provides $1 state fee is paid to a state trust fund and may be allocated by the State Compensation Board to those clerks' offices whose deposits from the local fund are not sufficient for modernizing access to records. In House Committee for Courts of Justice.

Virginia HB 837 Clarifies that local salary supplements may be paid to clerks and other local district court employees, excepting district court judges and substitute judges, wholly out of local funds. In House Committee for Courts of Justice.

West Virginia HB 2251 Increases the salaries of magistrates who serve populations of eight thousand four hundred or more. In House Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Nebraska LB 744 Increases from $5 to $6 fee taxed as costs in various court actions. Adds additional $4 fee in filing fees for civil cases to be credited to the general fund of the county/counties of the judicial district. Withdrawn.

Selection: Newly Introduced

Arizona HB 2421 Specifies it is the presiding judge of the superior court in Maricopa County that may appoint a court commissioner to serve in the tax court. In House (no committee).

Kentucky HB 230 Establishes clean judicial elections fund for use in races for, Supreme Court, Court of Appeals, Circuit Court, Family Court, or District Court. Permits the Supreme Court to require members of the Kentucky Bar Association to submit an annual fixed amount not to exceed $25 to be dedicated to the clean judicial elections fund. In House Elections, Const. Amendments & Intergovernmental Affairs Committee.

Ohio HB 413 Creates a public campaign financing system for candidates for the office of chief justice or justice of the Supreme Court. In House (no committee).

Rhode Island HB 7086 Vests with the governor the sole authority to nominate, on the basis of merit, from a list submitted by the judicial nominating commission with the advice and consent of the senate, all judges and magistrates, to all courts. (Currently presiding judges & chief judges appoint certain magistrates). In House Judiciary Committee.

West Virginia HB 2051 Requires magistrates be elected by division rather than countywide. In House Judiciary Committee.

West Virginia HB 2488 Provides for nonpartisan elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges. In House Judiciary Committee.

West Virginia HB 2497 Provides for nonpartisan elections of Governor, Secretary of State, Treasurer, Auditor, Attorney General and Commissioner of Agriculture and justices of the West Virginia Supreme Court of Appeals In House Judiciary Committee.

West Virginia SB 91 Provides for nonpartisan election of Supreme Court Justices. In Senate Judiciary Committee.

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

West Virginia HB 3150 Creates Intermediate Court of Appeals consisting of no permanent judges but panels of three judges randomly selected (2 current or retired circuit court, one supreme court justice). In House Judiciary Committee.

West Virginia SB 146 Requires county commissions change magistrate court boundary lines following each census. In Senate Government Organization Committee.

Structure Changes: Floor and Committee Activity

Kentucky HB 1 Redistricts state supreme court & court of appeals. Approved as amended by House State Government Committee 1/11/12.

Other: Newly Introduced

Arizona HB 2449 Amends existing statute regarding performance audits of state administrative office of the courts to require, after audit, House and Senate Judiciary Committees meet jointly and conduct hearing on audit. In House (no committee).

Florida HB 4067 Repeals provisions relating to compensation of marshals of district courts of appeal. In House Judiciary Committee.

Florida HB 4069 Repeals provisions relating to requirement that county courts be open for voluntary pleas of guilty at all times, Sundays excepted. In House Judiciary Committee.

Florida HB 4159 Deletes provisions concerning legislative intent that Supreme Court adopt certain rules relating to courts making inquiries into matters regarding defendants entering guilty pleas. In House Judiciary Committee.

Nebraska LB 880 Requires judicial and other state branches/agencies reduce costs and adopt modern methods of state and local records management. In Senate Government, Military and Veterans Affairs Committee.

Rhode Island HB 7072 Creates office of inspector general with power to investigate any state branch/agency, including courts, for fraud, waste, and abuse. In House Finance Committee.

Tennessee HB 2432 Requires drug testing of elected officials. Requests Tennessee supreme court to require drug testing of judges. Prefiled (no committee).

Tennessee HB 2528 Extends sunset date for the Tennessee court of the judiciary to June 30, 2013. Prefiled (no committee).

Tennessee HB 2536 Extends sunset date for the judicial nominating commission to June 30, 2013. Prefiled (no committee).

Tennessee HB 2537 Extends sunset date for the judicial performance evaluation commission, to June 30, 2013. Prefiled (no committee).

Tennessee SB 2344 Extends sunset date for the Tennessee court of the judiciary to June 30, 2013. Prefiled (no committee).

Tennessee SB 2345 Extends sunset date for the judicial performance evaluation commission, to June 30, 2013. Prefiled (no committee).

Tennessee SB 2346 Extends sunset date for the judicial nominating commission to June 30, 2013. Prefiled (no committee).

Virginia HB 484 Provides that the operational expenses associated with providing secure remote access to land records includes locating technology in an offsite facility for purposes of improving public access or for the implementation of a disaster recovery plan. The bill extends the prohibition on selling or posting data accessed by secure remote access to include land records. Further requires the Executive Secretary of the Supreme Court to establish security and data standards for interfacing between a circuit court's case management or financial management system and the systems of the Supreme Court. In House Committee for Courts of Justice.

Virginia HB 745 Requires the Supreme Court to develop a weighted caseload system to assess judicial caseloads throughout the Commonwealth, and using that system, requires the Court to determine the need for judicial positions and the optimum distribution of judicial positions throughout the Commonwealth and to prepare a recommended plan for the realignment of the circuit boundaries. In House Committee for Courts of Justice.

Virginia HJR 111 Requests the Judicial Council of Virginia to study the jurisdictional capacity of the Court of Appeals and whether such capacity should be expanded. In House Committee on Rules.

Vermont HB 530 Jury nullification. Requires court instruct the jury of its right to judge the facts and the application of the law in relationship to the facts in controversy. In House Committee on Judiciary.

West Virginia HB 2510 Permits magistrates to carry concealed handguns without a permit. In House Judiciary Committee.

Other: Floor and Committee Activity

Florida HB 481 AS AMENDED: Provides guidelines for electronic filing of documents. Requires clerks to seal or expunge certain court documents upon court order. Requires persons filing a written request to have their personal information protected under the general agency personnel information public record exemption to specify the document type, name, identification number, and page number of the court record or official record. Increases the minimum amount the clerks are required to refund without a written request in the event of an overpayment from $5 to $10. Limits the state agency exemption from payment of court-related fees to the state agency and the party it is representing. Authorizes the filing of electronic affidavits regarding publication of a legal advertisement. Approved by House Judiciary Committee Civil Justice Subcommittee 1/11/12.

Florida HB 971 AS AMENDED: Provides that if retired justice or judge is assigned to temporary duty, such assignment does not affect his or her eligibility for benefits under the Florida Retirement System (FRS) or renew his or her membership in FRS. Revises requirements for appointment of members of judicial nominating commissions. Provides that, with exception of members selected from list of nominees provided by Board of Governors of Florida Bar, current members of judicial nominating commission appointed by Governor serve at pleasure of Governor. Provides for each expired term or vacancy to be filled by appointment in same manner as member whose position is being filled. Deletes requirement that Executive Office of Governor establish uniform rules of procedure consistent with State Constitution when suspending for cause member of judicial nominating commission. Approved as amended by House Judiciary Committee Civil Justice Subcommittee 1/11/12.

Florida HB 4157 Repeals provisions relating to requirements for quorum & requiring majority for decision for District Courts of Appeal. Approved by House Judiciary Committee Civil Justice Subcommittee 1/11/12.