Volume 7 Issue 13

Indicates featured legislation

Jurisdiction: Newly Introduced

North Carolina HB 416 Increases small claims from $5,000 to $10,000. In House Judiciary Committee.

Texas SB 1639 Bans application of foreign law and foreign forum selection in certain family law proceedings. In Senate Business and Commerce Committee.

Jurisdiction: Floor and Committee Activity

Alabama SB 4 (Constitutional Amendment) Defines foreign law as "any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama." Provides "A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States." Approved by full Senate 3/20/13.

Arizona HB 2240 HOUSE VERSION: Increases small claims jurisdiction from $2,500 to $5,000. SENATE VERSION: Increases small claims jurisdiction from $2,500 to $3,500. Approved by full Senate 3/21/13. House does not concur with Senate amendment.

North Carolina HB 199 Increases district court civil jurisdiction from $10,000 to $25,000. Approved by House Judiciary B Committee 3/20/13.

Qualifications and Terms: Newly Introduced

Delaware SB 14 (Constitutional Amendment) For purposes of filling party-designated seats on courts, requires person considered for vacancy to have belonged to political party for at least 2 years. In Senate Executive Committee

North Carolina HB 397 (Constitutional Amendment) Allows elected sheriffs with 10 year experience, clerks of superior court with 10 years experience, magistrates with 10 years experience, or anyone with 25 years law enforcement experience to be elected or appointed to district court judgeship In House Rules Committee.

Texas HB 3314 Revises time frame for instruction and continuing education requirements for certain court clerks. In Senate Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

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. Approved by Senate Banking & Insurance Committee 3/20/13.

North Carolina HB 161 ORIGINAL: Provides magistrates are subject to same mandatory retirement age as judges. AMENDED: Same, but applies only to those becoming magistrates after January 2015. Approved as amended by full House 3/19/13.

Washington SB 5046 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 House Judiciary Committee 3/19/13.

Rule Making Authority: Newly Introduced

South Carolina HB 3828 Provides Supreme Court's rulemaking over state bar is subject to legislative override. Removes references to mandatory state bar. In House Judiciary Committee.

Tennessee SR 32 Urges the Tennessee Supreme Court not to adopt the proposed amendment to Rule 8, Rules of Professional Conduct 8.4, of the Rules of the Tennessee Supreme Court relative to professional misconduct by attorneys. In Senate Judiciary Committee.

Texas HB 3669 Provides for process when at statutory probate court judge is recused and replacement selected. In House Judiciary Committee.

Texas HB 3380 Provides for process when a trial judge is recused and replacement selected. In House Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

Arkansas SJR 5 (Constitutional Amendment) ORIGINAL: Removes Supreme Court's rulemaking power and transfers to legislature. AS AMENDED: provides "General Assembly shall delegate nonexclusive authority to the Supreme Court" regarding rulemaking. Provides laws enacted by General Assembly supersede rules adopted by Supreme Court. Author amended 3/19/13.

North Dakota HB 1075 Removes requirement that full time judicial referees must be appointed in every judicial district. Specifies the presiding judge of the district is to appoint referees and make assignments. Approved by full Senate 3/22/13. To House to concur with Senate amendment.

Rhode Island SB 488 Requires the approval of the supreme court of any rules regulating the practice, procedure and business of the workers' compensation court consistent with the procedures in effect for all other courts. Approved by full Senate 3/20/13.

West Virginia HCR 44 Requests a study on the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia. Approved by full House 3/18/13.

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 full Senate 3/21/13.

Salary and Budget: Newly Introduced

Louisiana HB 174 Provides for an increase in salary for clerks of court. In House Judiciary Committee.

Minnesota SB 1465 Authorizes use of county law library fees for enhancements to state court technology. In Senate Judiciary Committee.

Nevada AB 365 Requires the Court Administrator to adopt criteria and procedures for the appointment of alternate court interpreters under certain circumstances. Requires a certified court interpreter or an alternate court interpreter to be provided in various judicial proceedings for a person with a language barrier. In Assembly Judiciary Committee.

Oregon HJR 33 (Constitutional Amendment) Directs proceeds from State Lottery Commission go to various purposes, including maintenance of court facilities. In House Revenue Committee.

Pennsylvania HB 1035 Eliminates Cost-Of-Living adjustments for judges and state officials. In House State Government Committee.

Texas HB 3796 Provides judges are to be paid on biweekly basis (currently monthly). In House County Affairs Committee.

West Virginia SB 581 Increases court fees in civil actions to page for Fund for Civil Legal Services for Low-Income Persons In Senate Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Arkansas HB 1366 Provides for disbursement of funds from Administration of Justice Fund in the event the balance is too low to meet all obligations. Approved by full House 3/18/13. Approved by Senate Judiciary Committee 3/20/13. Approved by full Senate 3/21/13. To Governor for signature.

Arkansas HB 1566 Increases funding for County Clerks Continuing Education Fund and Circuit Clerks Continuing Education Fund. Approved by Senate City, County, and Local Affairs Committee 3/21/13.

Illinois HB 2327 ORIGINAL: 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). AS AMENDED: Same, but limits the fee amount imposed upon certain defendants to not less than $1 nor more than $15. Approved as amended by full House 3/22/13.

Illinois HB 2976 Deletes a reference that limits a $5 fee collection in all civil cases to a county of having a population of 1,000,000 or less. Approved by House Counties & Townships Committee 3/14/13.

Kansas HB 2114 Provides that the Debt Setoff Program Collection Assistance Fee charged under current law would be charged as an additional cost for all debts owed to the court when the court utilizes debt setoff procedures. Approved by Senate Judiciary Committee 3/21/13.

Kansas HB 2338 Amends numerous docket fees. Approved by House Appropriations Committee 3/18/13.

Kansas HB 2377 Extends the authority for the current Judicial Branch surcharge for two additional years, through July 1, 2015. Approved by House Appropriations Committee 3/18/13.

Kansas SB 218 Extends current Judicial Branch surcharge for two additional years, through July 1, 2015. Removes the percentage split mechanism through which a portion of docket fees is credited to a number of state funds. Balance would instead be deposited in the Judicial Branch Docket Fee Fund which the bill creates. Approved by Senate Ways & Means Committee 3/22/13.

Maryland HB 838 Makes permanent various surcharges on specified court fees, charges, and costs for the Maryland Legal Services Corporation. Approved by full House 3/20/13.

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. Approved by House Ways & Means Committee 3/20/13.

New Mexico HB 178 ORIGINAL: Provides for use of electronic citations. Requires a $5 electronic citation fee be assessed and collected upon every conviction of a penalty assessment misdemeanor, traffic violation, misdemeanor and petty misdemeanor. Proceeds will be deposited in the Court Automation Fund. AMENDED: Removes all reference to $5 fee. Approved full Senate 3/15/13. To Governor for signature.

Oregon HB 3126 Creates Oregon Courthouse Capital Construction and Improvement Fund through general obligation bonds issued by the State Treasurer. Creates matching county grant program for 50 percent of estimated total costs. Approved by House Judiciary Committee 3/22/13.

Rhode Island SR 499 Expresses support for additional funding for veterans' court. Approved by Senate Special Legislation and Veterans Affairs Committee 3/13/13.

Tennessee HB 1124 Increases from $100 to $500, the amount deducted from a judge or chancellor's salary for failure to open court for which the judge or chancellor is responsible within the first three days of each regular term, without sufficient excuse. Rejected in House Civil Justice Committee subcommittee 3/20/13.

Texas SB 560 Provides judges are to be paid on biweekly basis (currently monthly). Approved by Senate Jurisprudence Committee 2/20/13.

Selection: Newly Introduced

California AB 1005 Requires governor and state bar report number of applicants for judicial office that are veterans or disabled. Requires AOC report how many judges currently in office are veterans or disabled. In Assembly Judiciary Committee.

North Carolina SB 360 (Constitutional Amendment) Retains contested elections for judges' for initial terms. Provides for yes/no retention elections for subsequent terms. In Senate Rules Committee.

West Virginia HB 3012 Provides for nonpartisan elections for supreme court. In House Judiciary Committee.

Selection: Floor and Committee Activity

Maryland HB 515 Provides candidate for some orphans' court races may not be nominated in party primary, may not be nominated by other party process, and must be elected at general election on a nonpartisan basis. (Currently elected on partisan ballot). Approved by full House 3/21/13.

Maryland HB 1234 Requires a local board of elections to conduct a random drawing of the names of the candidates for election for circuit court judge to determine the order of the names on the ballot. Rejected by House Ways & Means Committee 3/19/13.

Minnesota HB 136 Expands campaign finance and public disclosure law for public officials to include judges. Approved by State Government Finance and Veterans Affairs Committee 3/18/13.

Tennessee HB 835 Extends the judicial performance evaluation commission until June 30, 2014. Approved by full House 3/18/13.

West Virginia HB 2829 Requires magistrates be elected by division rather than countywide. Approved by House Political Subdivisions Committee 3/21/12.

Structure Changes: Newly Introduced

California ACR 36 Encourages creation of veterans courts. In Assembly (no committee).

California HR 13 Encourages creation of homeless courts. In Assembly (no committee).

New York AB 6136 Establishes gang courts pilot program. In Assembly Judiciary Committee.

Pennsylvania HB 1025 Restructures Traffic Court of Philadelphia. In House Judiciary Committee.

Texas HB 3784 Creates special Medicaid fraud court within judicial branch. In House Judiciary Committee.

West Virginia SB 554 Creates intermediate appellate court made up of panels of 2 current or retired circuit court judges and 1 current justice of the supreme court. In Senate Judiciary 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 Senate Judiciary Committee 3/18/13.

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 Senate Judiciary Committee 3/18/13.

Indiana HB 1016 Provides additional circumstances under which a person can participate in a problem solving court program. Provides that a problem solving court may provide rehabilitative services. Simplifies the problem solving court fee transfer process. Approved by full Senate 3/19/13. To House to concur with Senate amendment.

Texas HB 1263 Extends from May 1, 2013 to August 31, 2013 time frame to abolish small claims courts. Approved by full House 3/20/13.

Texas SB 462 Repeals and restructures state's problem solving/specialty court programs. Prohibits such courts from operating unless they receive approval from governor's criminal justice division. Approved by Senate Criminal Justice Committee 3/18/13.

Other: Newly Introduced

Illinois HB 1155 Prohibits firearm from being carried into any courthouse. On House floor.

New York AB 6161 (Constitutional Amendment) Allows for recall of judges and other elected officials. In Assembly Governmental Operations Committee.

New York SB 4242 Prohibits filing of false liens and similar documents on judges and other public officers. In Senate Finance Committee.

North Carolina HB 405 Allows judges to carry firearms anywhere in state. In House Rules Committee.

Pennsylvania HR 173 Impeaches Joan Orie Melvin, Justice of the Pennsylvania Supreme Court, for misbehavior in office and conviction of an infamous crime. In House Judiciary Committee.

Texas HB 3218 Revises places such as courthouses where a person may carry a handgun if the person is licensed to carry a concealed handgun. In House Homeland Security & Public Safety Committee.

Texas HB 3473 Increases penalties for filing of false liens on judges and others. In House State Affairs Committee.

Texas HB 3637 Jury nullification. Provides "The court shall inform the jury of its role to judge the facts and to apply the law in relation to the facts in controversy." In House Criminal Jurisprudence Committee.

Texas HB 3790 Creates Judicial Branch Certification Commission to oversee the regulatory programs relating to court reporters, guardians, process servers, and court interpreters. In House Judiciary Committee.

Texas HR 858 Celebrates Municipal Courts Week in Texas. In House Rules Committee.

Texas HR 902 Celebrates Municipal Courts Week in Texas. In House Rules Committee.

Other: Floor and Committee Activity

Alabama HB 329 Extends existing law regarding disclosure of personal information of select state government employee to all state and local government employees of the criminal justice sector, including judges. Approved by House Public Safety and Homeland Security Committee 3/20/13.

Arizona SB 1216 Removes language no longer used by the clerk of the court relating to books of record. Approved by full House 3/20/13.

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 Senate 3/18/13. To Governor for signature.

Delaware SCR 9 Creates a Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public. Provides report due February 15, 2014. Approved by full Senate 3/21/13.

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 3/20/13.

Florida HB 7017 Removes all references to "terms of court" in statute. Approved by full House 3/22/13.

Florida SB 112 Prohibits filing of false documents/liens on judges and clerks of court. Approved by Senate Criminal Justice Committee 3/18/13.

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 Governmental Oversight and Accountability Committee 3/21/13.

Florida SB 746 Removes all references to "terms of court" in statute. Approved by Senate Appropriations Committee 3/21/13.

Georgia HB 60 Extends law allowing retired judges to carry firearms to all judges, whether or not they collect retirement benefits. Approved by Senate Judiciary Non-Civil 3/21/13.

Hawaii HB 1137 Requires the Judiciary to establish a complaint process regarding a child custody evaluator appointed by the court. Approved by Senate Judiciary Committee 3/19/13.

Indiana HB 1219 Requires city, town, county, or township that operates a public Internet web site data base containing the names and addresses of property owners to remove address of judges upon request. Approved with Senate amendment by Senate Local Government Committee 3/21/13.

Kansas HB 2115 Remove the time restrictions from current law to allow the Supreme Court to enter into senior judge contracts with retired judges or justices at any time. Approved by Senate Judiciary Committee 3/21/13.

Kansas SB 81 Clarifies public agencies are not required to disclose on websites home addresses or home ownership of judges, court staff, and others specified. Approved by full House 3/21/13. Senate does not concur with House amendments.

Maryland HB 941 Prohibits a person from filing false liens or encumbrances against judges, court staff, and other public/elected officials. Approved by House Judiciary Committee 3/22/13.

Maryland SB 770 Prohibits a person from filing false liens or encumbrances against judges, court staff, and other public/elected officials. Approved by full Senate 3/21/13.

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. Tabled by full House 3/20/13.

New Hampshire HB 648 Permits current marital masters to remain in office until retirement, resignation, disability, or nonrenewal of appointment. Approved by full House 3/20/13.

Oregon SB 528 Allows Secretary of State, State Treasurer, judicial department and legislative department to obtain copyrights and patents on data processing materials and to sell, lease or otherwise make available the materials to state and federal governmental bodies. Approved by full Senate 3/20/13.

Pennsylvania HR 138 Directs the Joint State Government Commission to conduct a study of the constable system in Pennsylvania. Requires report on findings be sent to chief justice and legislature. Approved by House Judiciary Committee 3/19/13.

South Carolina SB 405 Provides judiciary and not state ethics commission to handle complaints against administrative law judges for possible violations of the Code of Judicial Conduct in the same manner as complaints against other judges. Approved by full Senate 3/21/13.

Tennessee HB 363 Requires the background investigations for a judicial appointment to be completed within 90 days. Approved by House Civil Justice Committee 3/20/13.

Texas SB 231 Expands number/type of associate judges who may carry a firearm. Approved by Senate Criminal Justice Committee 3/18/13.

Vermont HB 523 Allows Court Administrator option of whether or not to transcribe damaged court records. Allows duplicate documents to be used when court records lost. Repeals various judicial record keeping statutes. Approved by full House 3/21/13.

West Virginia HB 2786 Increases allowable number of magistrate court deputy clerks from seventy-two to eighty-two. Approved by House Judiciary Committee 3/18/13.