Indicates featured legislation
Jurisdiction: Newly Introduced
Iowa HB 444 Prohibits county recorder from issuing marriage license to same sex couples. Prohibits supreme court from overturning statute prohibiting the issuance. In House Judiciary Committee.
West Virginia HB 2832 Expressly prohibits state judges from enforcing federal laws, rules, or regulations regarding firearms put in place after 3/1/2013. In House Judiciary Committee.
West Virginia SB 420 Expressly prohibits state judges from enforcing federal laws, rules, or regulations regarding firearms put in place after 3/1/2013. In Senate Judiciary Committee.
Jurisdiction: Floor and Committee Activity
Arkansas HB 1752 Prohibits Arkansas courts from enforcing federal gun laws/executive orders. Approved by House Judiciary Committee 3/8/13.
Florida SB 58 Restricts courts from applying foreign law, legal codes, and systems to cases involving divorce, alimony, the division of marital assets, child support, and child custody. Provision does not apply to corporations, partnerships, and other types of business associations; Ecclesiastical matters and matters governed by federal treaty or international agreements to which the United States is a party and which preempt state law. Approved by Senate Judiciary Committee 3/6/13.
Oklahoma HB 1060 Bans use of international or foreign law in state's courts. Approved by full House 3/6/13.
Qualifications and Terms: Newly Introduced
Florida SB 1666 Provides that a retired justice or retired judge may consent to temporary duty assigned by the Chief Justice to assist with the backlog of foreclosure cases. In Senate Banking & Insurance Committee.
Iowa HB 357 Specifies that a district judge appointee shall be a resident of the judicial district where the nomination occurred before assuming office. Where the judicial district is divided into judicial election districts, specifies the appointee shall be a resident of the judicial election district where the nomination occurred before assuming office. In House Judiciary Committee.
Oregon SJR 34 (Constitutional Amendment) Provides person serving as an Oregon judge may be employed by the Oregon National Guard for the purpose of performing military service or may be employed by the State Board of Higher Education or a school board for the purpose of teaching, and the employment does not prevent the person from serving as a judge. In Senate Judiciary Committee.
Qualifications and Terms: Floor and Committee Activity
Florida HB 7017 Removes all references to "terms of court" in statute. Approved by House Judiciary Committee 3/7/13.
Florida SB 746 Removes all references to "terms of court" in statute. Approved by Senate Judiciary Committee 3/6/13.
Hawaii SB 886 (Constitutional Amendment) Increases the mandatory retirement age for justices and judges from 70 to 80 years of age. Approved by full House Judiciary Committee 3/7/13.
Mississippi SB 2046 Requires justice court clerks receive 12 hours of annual training. Approved with House amendment by full House 3/5/13. To Senate to concur.
Montana HB 172 ORIGINAL: Allows Montana state bar attorney member admitted to practice at least 5 years to serve as a judge pro tem. AMENDED: removed 5 year requirement. Approved by Senate Judiciary Committee 3/6/13.
New Mexico HB 119 ORIGINAL: Requires all metropolitan judges be attorneys and have practiced for at least five years. AMENDED: Same, but adds each metropolitan court judge shall reside in the district for which the judge was elected or appointed. Approved with Senate amendment by Senate Public Affairs Committee 3/8/13.
New Mexico HB 515 ORIGINAL: Requires elected county officials, including probate court judges, to complete training as specified by department of finance and administration. Judge or other official who fails to complete training within 6 months is suspended. AMENDED: Gives 12 months to complete training. Approved as amended by House Voters & Elections Committee 3/5/13.
New Mexico SB 434 ORIGINAL: Requires elected county officials, including probate court judges, to complete training as specified by department of finance and administration. Judge or other official who fails to complete training within 6 months is suspended. AMENDED: Gives 12 months to complete training. Approved as amended by Senate Rules Committee 3/8/13.
North Carolina HB 161 Provides magistrates are subject to same mandatory retirement age as judges. Approved by House Judiciary B Committee 3/6/13.
Washington HB 1266 Extends mandatory retirement age for district court judges only from end of year judge turns 75 to end of term of office judge turns 75. Approved by full House 3/4/13.
Rule Making Authority: Newly Introduced
Florida SJR 1740 (Constitutional Amendment) Removes supreme court's rulemaking authority with respect to death penalty cases. In Senate Judiciary Committee.
New York AB 5851 Permits the audio and/or televising, broadcasting or taking of motion pictures of certain court proceedings. Authorizes the chief administrator of the courts to promulgate rules and regulations permitting audio-visual coverage of civil and criminal court proceedings. In Assembly Judiciary Committee.
New York SB 4042 Authorizes the chief administrator of the courts to establish rules for special proceedings authorized under section 9-518 of the uniform commercial code relating to wrongful financial statements. In Senate Judiciary Committee.
Rule Making Authority: Floor and Committee Activity
North Dakota HB 1073 Grants supreme court power to declare judicial emergencies. Allows for supreme court to toll statutes/deadlines. Does not allow for tolling or extension of deadlines or requirements imposed by U.S. or North Dakota constitution. Approved by Senate Judiciary Committee 3/6/13. Approved by full Senate 3/7/13. To Governor for signature.
West Virginia SB 371 Authorizes supreme court to adopt a standardized risk and needs assessment for use by probation officers and to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority. Creates Community Supervision Committee to be appointed by state court administrator. Approved by Senate Judiciary Committee 3/8/13.
Salary and Budget: Newly Introduced
Connecticut SB 1109 Provides Chief Court Administrator shall review the functions and activities of the Judicial Department in order to assign priority for the continued funding of such functions and activities and shall submit findings to the legislature by January 1, 2014 In Joint Committee on Appropriations .
Florida HB 1347 Creates Fiscal Stability Trust Fund to be administered by the Supreme Court. Requires 1 percent of General Revenue Fund automatically be placed in the Fiscal Stability Trust Fund. States "the judicial branch of state government shall be held harmless in years of fiscal deficits in the state as a matter of public safety." Permits revenues in the Fiscal Stability Trust Fund to remain in the fund at the end of every fiscal year. Requires passage of HB 1347 "or similar legislation". In House Judiciary Committee.
Iowa SF 318 Requires the department of administrative services and any other state agency that maintains a separate counting system and elects to establish a debt collection setoff procedure, to remit to the state court administrator, 10 percent of the amounts set off from the collection of delinquent court debt for use by the judicial branch to defray the costs of collecting unpaid court debt. Specifies that the fees collected for examination and admission to practice law are appropriated to the judicial branch and shall be used to offset the costs of administering the examination and admission process to practice law. In Senate Judiciary Committee.
Missouri SB 447 Requires judges entering service after 1/1/2014 join new defined contribution retirement plan. In Senate Seniors, Families & Pensions Committee.
Missouri SB 475 Requires judicial retirement system be 100% funded within next 5 years. If system fails to reach 100% funded, may not increase or alter benefits until 100% is reached. In Senate Seniors, Families & Pensions Committee.
West Virginia HB 2776 Increases court fees in civil actions to page for Fund for Civil Legal Services for Low-Income Persons In House Judiciary Committee.
West Virginia HB 2833 Provides a sliding scale for the retirement contribution of judges participating in the judicial retirement system to ensure that the judicial pension system remains fully funded and is a “qualifying system” under federal law. In House Pensions and Retirement Committee.
West Virginia SB 146 Permits magistrate courts to collect unpaid costs, fines, forfeitures and penalties from a defendant’s income tax refund. Approved by Senate Judiciary Committee 3/7/13.
West Virginia SB 453 Increases salaries of those magistrates and their staffs whose salaries were reduced as a result of the 2010 census to precensus amounts. In Senate Judiciary Committee.
Salary and Budget: Floor and Committee Activity
Arkansas HB 1566 Increases funding for County Clerks Continuing Education Fund and Circuit Clerks Continuing Education Fund. Approved by House City, County, and Local Affairs Committee 3/8/13.
Arkansas SB 307 Revises various statutes related to state's Administrative of Justice Fund. Approved by full House 3/5/13. To Governor for signature.
Arkansas SB 854 Provides for disbursement of funds from Administration of Justice Fund in the event the balance is too low to meet all obligations. In Joint Budget Committee.
Hawaii HB 1342 Allows the Department of Taxation, the University of Hawaii, and the Judiciary to contract with a collection agency to collect on delinquent accounts. Approved by full House 3/5/13.
Idaho HB 103 Makes temporary emergency surcharge on court fees/files permanent. Approved by full Senate 3/7/13. To Governor for signature.
Illinois HB 2327 Authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15). Approved by House Counties & Townships Committee 3/7/13.
Kentucky HB 342 ORIGINAL: Requires new or updated software utilized by the Administrative Office of the Courts to allow felony cases to be redesignated as misdemeanor cases when the case concludes with no felony conviction AMENDED: Adds funding and bonds for electronic case management for the Court of Justice. Approved as amended by House Appropriations & Revenue Committee 3/6/13. Approved by full House 3/6/13.
Montana HB 206 Doubles fees in justice's court and small claims court. Approved by Senate Judiciary Committee 3/8/13.
Montana HB 403 Provides clerks may charge 50 cents for providing or accepting copies of papers on file in the clerk's office by facsimile, e-mail, or other electronic means. Approved by House Judiciary Committee 3/8/13.
New Hampshire HB 652 Increases court filing fees and increases the percentage of such fees to be deposited in the judicial branch information technology fund. Re-referred to House Ways & Means Committee 3/6/13.
New Mexico SB 25 Changes age and service credit requirements and pension calculations for judicial retirement system and magistrate retirement system. Approved by full Senate 3/7/13.
New Mexico SB 27 Changes contribution and cost of living rates for judicial retirement system and magistrate retirement system. Approved by full Senate 3/7/13.
Oklahoma HB 2182 ORIGINAL: Adds $10 to civil filing fees for court security. AMENDED: Removes all court security references. Authorizes county clerk to provide records in electronic format. Approved by as amended by House Appropriations and Budget Committee 3/4/13.
Oregon HB 2563 Modifies annual salaries of justices of Supreme Court and judges of Court of Appeals, Oregon Tax Court and circuit courts. Approved by House Judiciary Committee 3/7/13.
Washington HB 1542 Requires courts to appoint a certified or registered interpreter at public expense in all legal proceedings in which a non-English-speaking person is a party or is compelled to appear. Requires the state to pay 50 percent of the cost of interpreters beginning in January 2017.Requires courts to track and provide interpreter cost and usage data annually to the Administrative Office of the Courts. Approved by House Appropriations Committee 3/1/13.
Selection: Newly Introduced
Arkansas SB 694 Provides judge/justice may not use "Judge" or "Justice" on ballot unless they have been in that office at least 12 months. In Senate Committee on State Agencies and Governmental Affairs.
Minnesota HB 1083 (Constitutional Amendment) Provides for merit selection for all judges in state with performance evaluation commission. In House Elections Committee.
Minnesota SB 1082 (Constitutional Amendment) Provides for merit selection for all judges in state with performance evaluation commission. In Senate Judiciary Committee.
New York AB 5697 (Constitutional Amendment) Establishes a system of merit selection of for judges of the state's major trial courts. In Assembly Judiciary Committee.
North Carolina SB 210 Allows Chief District Court Judge to designate Chief Magistrate of a county. In Senate Judiciary I Committee.
Utah HB 174 Prohibits judicial candidate from receiving more than $9,999 in campaign contributions from same person or source in any 2-year period. In House Rules Committee.
Utah HB 410 Prohibits judicial candidate from receiving more than $9,999 in campaign contributions from same person or source in any 2-year period. In House Rules Committee.
West Virginia HB 2805 Makes the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program. In House Judiciary Committee.
West Virginia HB 2829 Requires magistrates be elected by division rather than countywide. In House Political Subdivisions Committee.
West Virginia SB 413 Makes the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program. In Senate Judiciary Committee.
Selection: Floor and Committee Activity
Arizona HB 2600 Provides merit selection commissions must provide governor at least 5 names (constitution says at least 3 names) to fill a judicial vacancy. Approved by full House 3/5/13.
Kentucky HB 31 Establishes clean judicial elections fund for use in races for Supreme Court. Provides for funding via income tax designation & voluntary contributions. Approved by full House 3/4/13.
Maryland SB 327 Requires judges of the orphans’ courts to be elected on a nonpartisan basis and candidates for the office to be nominated by primary election. In a primary election to nominate a candidate for judge of the orphans’ court, any registered voter of the county, regardless of party affiliation or non affiliation, is eligible to vote in the contest. Approved by Senate Judicial Proceedings Committee 3/7/13.
New Mexico SB 16 Makes various changes to publicly financed judicial elections in state. Removes provisions related to non-certified candidates and seed money requirements. Alters contributions levels and limits. Changes provisions with respect to matching funds/rescue funds. Approved by House Voters and Elections Committee 3/7/13.
South Dakota SB 198 AS APPROVED BY SENATE: Adds two members to Judicial Qualifications Commission chosen by House and Senate leaders. Transfers power to name attorney members to JQC from bar president to majority vote of bar commissioners. Provides governor's 2 picks to JQC can be anyone (currently cannot be judges, retired judges, or attorneys). (JQC serves as merit selection commission for supreme court). AS APPROVED BY HOUSE: Removes all references to expansion of JQC. Senate concurs with House amendment 3/4/13. To Governor for signature.
Washington HB 1195 AS AMENDED: For judicial and other nonpartisan elections where only 2 candidates are up for office, provides contest is to occur at general election (currently decided at primary election) Approved by full House 3/7/13.
Washington HB 1474 For judicial and other nonpartisan elections where only 2 candidates are up for office, provides contest is to occur at general election (currently decided at primary election). Approved by full House 3/7/13.
Structure Changes: Newly Introduced
Indiana HR 21 Resolution in support of use of drug courts. On House floor.
Washington SB 5867 Citing recent state supreme court case requiring state provide additional funds for schools, reduces supreme court from 9 down to 5. Reduction to occur by justices drawing straws. In Senate Law & Justice Committee.
Structure Changes: Floor and Committee Activity
Arizona HB 2310 Requires administrative office of the courts evaluate the effectiveness, efficiency and accountability of the mental health courts and specialized probation caseloads that currently operate in state and municipal courts. Requires AOC develop standards for the design, training in and procedures to establish and implement efficient, effective and accountable mental health courts at the county and municipal levels throughout the state. Approved by full House 3/6/13.
Arizona HB 2459 Revises state Justice of the Peace and Municipal Courts. Renames the title Justices of the Peace and Other Courts Not of Record to Justice and Municipal Courts. Permits a digital seal to be used as the official court seal. Conforms the oath of jury to the modern oath used in courts. Specifies that the Municipal Court magistrate is required to maintain and dispose of all documents filed with the court as prescribed by the Supreme Court. Approved by full House 3/4/13.
Mississippi HB 943 ORIGINAL: Allows counties to establish County Courts. AMENDED: Same, but provides if county voters have voted to abolish County Court the county legislature cannot recreate one within 2 years. Approved with Senate amendment by full Senate 3/8/13. To House to concur with amendment.
Missouri HB 373 Allows for the redrawing of the circuit and appellate districts every ten years by the Missouri Supreme Court as the administration of justice requires. Approved by House Judiciary Committee 3/6/13.
Missouri HB 374 Provides the Missouri Supreme Court with the ability to transfer circuit and associate judge positions from one circuit to another as the administration of justice requires. Provides Supreme Court may transfer a judicial position only when a vacancy occurs, and must consider certain criteria before determining whether to transfer the position to a new circuit. Approved by House Judiciary Committee 3/6/13.
Oklahoma SB 820 Provides redistricting/new boundaries for all state's judicial districts. Approved by full Senate 3/6/13.
Texas HB 1263 Extends from May 1, 2013 to August 31, 2013 time frame to abolish small claims courts. Approved by House Judiciary Committee 3/4/13.
Texas SB 576 Extends from May 1, 2013 to August 31, 2013 time frame to abolish small claims courts. Approved by Senate Jurisprudence Committee 3/4/13.
Other: Newly Introduced
Florida HB 1345 Retroactively eliminates judicial immunity. Requires Supreme Court create plan for promoting civics for residents in state. Requires all final reports by court committees, retroactive to 2000, be submitted to the Governor, Cabinet, and Legislature. Requires Auditor General and the Office of Program Policy Analysis and Government Accountability conduct full audit review of state courts system and repeat the audit ever two years. Creates unified family courts, teen courts, drug courts and mental health courts in each judicial circuit. Expands Judicial Qualifications Commission. Requires panels of the Commission investigating complaints against judges include at least 5 "common citizen electors" as a staff committee, none of whom may be "officers of the court" and who must prepare a separate report on the investigation that is to be made publicly available. Requires Auditor General and the Office of Program Policy Analysis and Government Accountability conduct full audit review of commission and repeat the audit every two years. In House Judiciary Committee.
Florida SB 1444 Retroactively eliminates judicial immunity. Requires Supreme Court create plan for promoting civics for residents in state. Requires all final reports by court committees, retroactive to 2000, be submitted to the Governor, Cabinet, and Legislature. Requires Auditor General and the Office of Program Policy Analysis and Government Accountability conduct full audit review of state courts system and repeat the audit ever two years. Creates unified family courts, teen courts, drug courts and mental health courts in each judicial circuit. Expands Judicial Qualifications Commission. Requires panels of the Commission investigating complaints against judges include at least 5 "common citizen electors" as a staff committee, none of whom may be "officers of the court" and who must prepare a separate report on the investigation that is to be made publicly available. Requires Auditor General and the Office of Program Policy Analysis and Government Accountability conduct full audit review of commission and repeat the audit every two years. In Senate Judiciary Committee.
Maine HB 603 Authorizes the State Court Administrator to use the fees generated from the sale of publications or forms to fund forms and information technology. Permits the Chief Judge of the District Court to employ retired family law magistrates. Changes the reporting dates for the Judicial Department and the State Court Administrator from January 15th to February 15th. In Joint Committee on Judiciary.
Massachusetts HB 3243 Allows police and law enforcement to carry weapons into courthouse unless they are there as a personal party in a pending case. In Joint Committee on Public Safety and Homeland Security.
Missouri HB 754 Expands list of those who may carry a firearm into a courthouse and courtroom. In House General Laws Committee.
Missouri SB 451 Allows a party to petition a court seven years following a civil judgment for the removal of court records from a publically accessible automated case management system. Provides removal of the records does not act as an order to seal or expunge the court record. In Senate Judiciary Committee.
Missouri SB 478 Enacts Uniform Electronic Legal Material Act with respect to state court decisions and state court rules. In Senate Governmental Accountability & Fiscal Oversight Committee.
Nevada SB 208 Includes court bailiffs and deputy marshals as "police officers" for purposes of Nevada Occupational Diseases Act. In Senate Commerce, Labor and Energy Committee.
New York AB 5557 Establishes the crime of aggravated harassment of court officers as a class E felony. In Assembly Codes Committee.
New York SB 4043 Revises state's city court system. In Senate Judiciary Committee.
North Carolina HB 164 Requests Chief Justice abolish North Carolina Actual Innocence Commission, established by Chief Justice. In House Rules Committee.
North Carolina HB 246 (Constitutional Amendment) Provides a person with concealed carry permit may carry anywhere in state except limited, specified locations including a courthouse. In House Rules Committee.
Pennsylvania SB 585 Modifies definition of "dangerous weapon" for crime of possession of firearm or other dangerous weapon in court facility. In Senate Judiciary Committee.
Rhode Island HB 5830 Requires a sign language or Communication Access Realtime Translation (CART) provider for all court proceedings. In House Judiciary Committee.
Rhode Island HB 5850 Enacts Uniform Electronic Legal Material Act. In House Judiciary Committee.
Rhode Island SB 620 Requires a sign language or Communication Access Realtime Translation (CART) provider for all court proceedings. In Senate Judiciary Committee.
West Virginia HB 2786 Increases allowable number of magistrate court deputy clerks from seventy-two to eighty-two. In House Judiciary Committee.
West Virginia HB 2787 Allows family court judges and magistrates to carry concealed handguns without a permit. In House Judiciary Committee.
Other: Floor and Committee Activity
Arkansas HB 1406 Requires seal of clerk of court be "clear and legible and capable of photographic reproduction." Approved by full House 3/8/13.
Arkansas HB 1417 Exempts current or former court bailiffs from concealed carry license requirement enacted or effective after January 1, 2013. Approved by full House 3/4/13.
Arkansas HB 1554 Requires district court judges filed statement of financial interest with county clerk (currently filed with city clerk in city they serve in). Approved by full House 3/8/13.
Colorado HB 1053 Repeals requirement that clerks of district courts execute surety bonds. Approved by full Senate 3/5/13. To Governor for signature.
Florida HB 571 Requires supreme court marshal & his or her deputies to comply with specified requirements for law enforcement officers. Specifies that marshal & his or her deputies are law enforcement officers with statewide authority to bear arms & perform official duties & apprehend without warrant under certain conditions. Deletes provisions relating to marshal & his or her deputies being conservators of peace. Approved by House Judiciary Committee, Criminal Justice Subcommittee 3/5/13.
Florida SB 556 Provides requirements for the storage of papers and electronic filings and requiring that they be stamped with the date and time of submission. Requires that the clerk provide access to public records without charge to certain persons, subject to a limitation and an exception. Approved by Senate Judiciary Committee 3/6/13.
Georgia HB 215 ORIGINAL: Requires clerk of superior court be open at least 8 hours per day from 8 AM to 5 PM (currently must be open at least 9-5). AS AMENDED: Keeps 9-5 provision already in statute. Provides if clerk's office has 3 of fewer employees office may be open from at least 8 AM to noon and from at least 1 PM to 5 PM. Approved as amended by full House 3/5/13.
Hawaii HB 1137 Requires the Judiciary to establish a complaint process regarding a child custody evaluator appointed by the court. Approved by full House 3/5/13.
Hawaii SB 32 Uniform Electronic Legal Material Act. Provides for official electronic versions of reported decisions of state's appellate courts and state court rules. Approved by full Senate 3/5/13.
Illinois SB 1748 Includes court security officers in the definition of "law enforcement officer" for line of duty compensation act purposes. Approved by Senate State Government and Veterans Affairs Committee 3/6/13.
Kansas HB 2055 Allows for carrying of firearms into courthouses in state unless there is "adequate security" present, defined as electronic equipment and personnel intended to screen and prohibit carrying of weapon inside. Approved by House Federal and State Affairs Committee 3/7/13.
Kentucky HR 118 Commends the Kentucky Administrative Office of the Courts for establishing a veterans' court to provide support for veterans as they interact with the court system. Approved by full House 3/4/13.
Michigan HB 4064 Delete numerous provisions pertaining to judicial records. Requires the State Court Administrative Office to establish and maintain records management policies and procedures for all courts, including a records retention and disposal schedule, in accordance with Supreme Court rules. Allows but not require a court to provide "enhanced access" and to charge a reasonable fee, as established by the Supreme Court, for providing that access. Approved by full House 3/6/13.
Mississippi SB 2385 Creates new crime of filing false lien against judges, court staff, and other public officials/employees. Approved by House Judiciary B Committee 3/4/13.
Missouri HB 533 Forbids judiciary from prohibiting a employee from keeping a firearm in his or her vehicle on state property as long as the vehicle is locked and the firearm is not visible. Approved by House General Laws Committee 3/6/13.
Missouri SJR 7 (Constitutional Amendment) Provides that all meetings of any Senate or House apportionment commission, including any appellate apportionment commission made up for members of the Court of Appeals, shall be public, and that such commissions shall be subject to general laws concerning open records and open meetings. Approved by Senate Rules Committee 3/5/13.
New Hampshire HB 613 Statutorily creates redress of grievances committee. Provides committee may overturn judicial decisions, "remedy" any judicial decision, and "undertake proceedings to remove from office judges or attorneys that do not uphold their oaths of office." Committee would be allowed to subpoena any court documents and recommend dissolution of a court. Rejected by full House 3/6/13.
New Hampshire HB 638 Recognizes "original" 13th Amendment to the U.S. Constitution. Claims titles of nobility, including use of "esquire" after attorney's name, violates the provision and leads to "unlawful usurpation" by courts. Rejected by House State-Federal Relations and Veterans Affairs Committee 3/7/13.
North Dakota HB 1074 Specifies the chair of the court facilities advisory committee is the state court administrator. Allows state court administrator to serve multiple three-year terms. Approved by full Senate 3/7/13. To Governor for signature.
Oklahoma SB 908 Provides Chief Justice is authorized to accept a gift on behalf of the state presented to the judiciary. Approved by full Senate 3/5/13.