Volume 7 Issue 14

Indicates featured legislation

Jurisdiction: Newly Introduced

North Carolina SB 452 Increases small claims from $5,000 to $10,000. Increases District Court jurisdiction from $10,000 to $20,000. Expands nonbinding arbitration law to cases up to $20,000. In Senate Judiciary II Committee.

Jurisdiction: Floor and Committee Activity

Delaware SB 10 (Constitutional Amendment) Adds the United States Bankruptcy Courts to the list of entities that may certify questions of law to the Delaware Supreme Court. (Second adoption, first adoption was in 2011/2012 session). Approved by Senate Executive Committee 3/28/13.

North Carolina HB 199 Increases district court civil jurisdiction from $10,000 to $25,000. Approved by full House 3/26/13.

Oklahoma HB 1060 Bans use of international or foreign law in state's courts. Approved by Senate Judiciary Committee 3/26/13.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Arkansas SB 201 Repeals automatic loss of retirement benefits for judges who seek office after reaching 70 years of age. Recommended for interim committee study 3/26/13.

Hawaii SB 886 (Constitutional Amendment) Increases the mandatory retirement age for justices and judges from 70 to 80 years of age. Approved by House Finance Committee 3/27/13.

Indiana HB 1333 Provides that county treasurers, county auditors, county recorders, circuit court clerks, and county surveyors (county offices) may attend the required county officer training courses after being elected to office (currently they are required to take the training after taking office) Approved with Senate amendment by Senate Local Government Committee 3/28/13.

Rule Making Authority: Newly Introduced

Arkansas SR 30 Urges Supreme Court adopt rules for tort reform similar to those in SJR 2 of 2013. In Senate Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

Florida HB 5301 Transfers Clerks of Court Trust Fund from Justice Administrative Commission to Department of Revenue. Provides additional duties of Legislative Budget Commission relating to clerks of court. Revises duties of Florida Clerks of Court Operations Corporation. Provides requirements for annual submission of proposed budget & related information. Revises language concerning functions that may & may not be funded from specified sources. Specifies that only certain functions may be funded from fees, service charges, costs, & fines retained by clerks of court. Revises provisions relating to preparation of budget requests Provides for certification of revenue deficits by clerks. Provides procedures for retention of additional revenues by clerks & release of funds from specified trust fund in certain circumstances. Provides for remission of certain excess collections. In House Appropriations Committee.

Louisiana HB 332 Increases various civil filing fees in justice of the peace courts. In House Judiciary Committee.

North Carolina SB 438 Provides, with exceptions, court interpreters services to be paid for by judiciary and/or specifically the Administrative Office of the Courts. In Senate Judiciary II Committee.

West Virginia HB 3096 Increases the compensation caps for secretary-clerks and case coordinators in the family court system. In House Judiciary Committee.

West Virginia SB 641 Increases the compensation caps for secretary-clerks and case coordinators in the family court system. 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 full Senate 3/26/13. To Governor for signature.

Georgia SB 142 Provides Georgia Judicial Retirement System board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law. Provides that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age. Senate concurs with House amendment 3/28/13. To Governor for signature.

Indiana HB 1393 Establishes the judicial technology oversight committee (committee) to: (1) conduct a continuous study of information technology applications for Indiana's judicial system; (2) develop a long range strategy for technology and automation in Indiana's judicial system; and (3) make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts. Increases the automated record keeping fee from $5 to $10 for all civil, criminal, infraction, and ordinance violation actions with certain exceptions. Provides that the automated record keeping fee is $5 for all civil, criminal, infraction, and ordinance violation actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement. Approved by Senate Judiciary Committee 3/28/13.

Indiana SB 527 Urges the legislative council to assign to the pension management oversight commission the task of studying the retirement, disability, and death benefits currently provided to judges and full-time magistrates. Approved by full House 3/26/13. To Governor for signature.

Kansas HB 2338 Amends numerous docket fees. Approved by full House 3/26/13.

Kansas HB 2377 Extends the authority for the current Judicial Branch surcharge for two additional years, through July 1, 2015. Approved by full House 3/26/13.

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 full Senate 3/27/13.

Maryland SB 421 Increases the limit on the maximum salary that the Board of Public Works may set for a clerk of a circuit court from $98,500 to $114,500. Provides act does not apply to the salary or compensation of an incumbent clerk of a circuit court. Approved by House Judiciary Committee 3/28/13.

Maryland SB 640 Makes permanent various surcharges on specified court fees, charges, and costs for the Maryland Legal Services Corporation. Approved by House Judiciary Committee 3/28/13.

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 full House 3/27/13.

North Dakota SB 2077 ORIGINAL: Repeals statutes specifying costs for court transcripts. Allows fees to be set by supreme court rule or policy. AS AMENDED: Keeps statute regarding fees for transcripts and amends cost/price provisions. Rejected by House Judiciary Committee 3/29/13.

North Dakota SB 2078 AS AMENDED: Directs legislative management study of the assessment of fees by courts, the feasibility and desirability of combining various court fees, and whether courts should be mandated to impose fees established by statute. Approved by full House 3/27/13. To Governor for signature.

Texas HB 1513 AS AMENDED: Allows counties to charge up to $10 (now up to $5) district court records archive fee. Allows counties to charge up to $10 (now up to $5) records management and preservation fee. Approved by House Judiciary Committee 3/25/13.

Texas SB 560 Provides judges are to be paid on biweekly basis (currently monthly). Approved by full Senate 3/27/13.

West Virginia HB 2776 Increases court fees in civil actions to page for Fund for Civil Legal Services for Low-Income Persons Approved by House Judiciary Committee 3/28/13.

West Virginia SB 146 Permits magistrate courts to collect unpaid costs, fines, forfeitures and penalties from a defendant’s income tax refund. Approved by full Senate 3/29/13.

West Virginia SB 331 Permits Courthouse Facilities Improvement Authority to issue bonds. Approved by full Senate 3/29/13.

West Virginia SB 378 Increases salaries of those magistrates and their staffs whose salaries were reduced as a result of the 2010 census to precensus amounts. Approved by Senate Judiciary Committee 3/27/13.

West Virginia SB 403 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. Approved by Senate Pensions Committee 3/25/13.

Selection: Newly Introduced

North Carolina HB 451 Ends public financing for appellate judicial races. Ends nonpartisan elections for all judges and replaces with partisan elections. In House Elections Committee.

North Carolina SB 495 Ends public financing for appellate judicial races. In Senate Rules Committee.

North Carolina SB 541 Ends public financing for appellate judicial races. In Senate Rules Committee.

Selection: Floor and Committee Activity

Arkansas HB 2065 Provides district court judicial candidates to file with Secretary of State and not county clerk. Modifies various provisions relating to judicial election deadlines. Approved by full House 3/28/13.

North Dakota SB 2299 Expands various campaign finance laws, in particular those related to political committees, to judicial races. Approved with House amendment by House Government and Veterans Affairs Committee 3/29/13.

West Virginia HB 2805 Makes the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program. Approved by House Finance Committee 3/29/13.

West Virginia SB 413 Makes the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program. Approved by Senate Judiciary Committee 3/27/13.

Structure Changes: Newly Introduced

Louisiana SB 71 Authorizes and provides for mental health courts In Senate Judiciary A Committee.

West Virginia HB 3130 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.

Structure Changes: Floor and Committee Activity

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 Rules Committee 3/28/13.

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 Rules Committee 3/28/13.

Missouri SB 118 Authorizes circuit courts or a combination of circuits to create veterans treatment courts. Approved by Senate Judiciary Committee 3/28/13.

Nevada SB 463 Provides implementing language for SJR 14, a constitutional amendment to create an intermediate appellate court. Provides language only goes into effect if voters approve SJR 14. Approved by Senate Judiciary Committee 3/29/13.

Oklahoma SB 820 Provides redistricting/new boundaries for all state's judicial districts. Approved by House Judiciary Committee 3/28/13.

Tennessee HJR 124 Urges establishment of veterans courts across Tennessee and urges the administrative office of the courts to pursue any and all available federal funding for such an initiative Approved by full House 3/25/13.

Texas HB 1263 Extends from May 1, 2013 to August 31, 2013 time frame to abolish small claims courts. Approved by full Senate 3/27/13. To Governor for signature.

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 full Senate 3/27/13.

Other: Newly Introduced

California AB 1008 Amends to current law to provide a trial judge may NOT perform any act required or permitted to be performed by a clerk of the court. In Assembly Judiciary Committee.

Nevada SB 426 Requires state court administrator raise damage caps in med-mal cases every year based on rate of inflation. In Senate Judiciary Committee.

West Virginia SB 628 Authorizes supreme court establish pilot program to appoint probation officers to address truancy. In Senate Judiciary Committee.

Other: Floor and Committee Activity

California AB 1313 ORIGINAL: Makes technical changes to Trial Court Trust Fund. AS AMENDED: Requires Judicial Council, subject to funding, allocate 12 additional judgeships in state. In Assembly Judiciary Committee.

Florida SB 746 Removes all references to "terms of court" in statute. Approved by full Senate 3/27/13.

Georgia HB 142 Requires employees of judicial branch of state government who lobbies for/against ordinances to register and file as a lobbyist. Conference committee report approved by House and Senate 3/28/13. To Governor for signature.

Georgia HB 143 For campaign contributions and disclosures, expands definition of "judicial officer elected state wide" to include candidate for such offices and not just campaign committee. Conference committee report approved by House and Senate 3/28/13. To Governor for signature.

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. Tabled by full Senate 3/26/13.

Georgia SB 66 Increase of maximum contempt fines superior and state courts may issue from $500 to 41000. Senate concurs with House amendment 3/28/13. To Governor for signature.

Hawaii HB 1137 Requires the Judiciary to establish a complaint process regarding a child custody evaluator appointed by the court. Approved by Senate Ways & Means 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 full Senate 3/26/13. To House to concur with amendment.

Kansas HB 2052 AS AMENDED BY SENATE: 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. Senate version approved by full Senate 3/27/13. House does not concur with Senate amendment.

Kansas HB 2111 AS AMENDED BY SENATE: 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 3/25/13.

Kansas HB 2115 ORIGINAL: 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. AS AMENDED: Extends from 12 to 15, the aggregated number of years a retired judge may enter into agreements for temporary judicial employment Approved with Senate amendment by full Senate 3/27/13. To House to concur with amendment.

Maryland HB 941 Prohibits a person from filing false liens or encumbrances against judges, court staff, and other public/elected officials. Approved by full House 3/23/13.

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 Rules Committee 3/28/13.

Montana HB 352 Revises instances where a Justice of the Peace may call in another judge to act in the locality. Approved by full Senate 3/25/13. To House to concur with Senate amendment.

North Dakota HB 1215 Allows any concealed weapons permit holder to carry gun into any courthouse or other state/local government building. Rejected by full Senate 3/28/13.

North Dakota SB 2145 Allows all municipal court judges, not just those with law license, to carry weapons into courthouses. Approved by full House 3/26/13. To Governor for signature.

North Dakota HB 1366 Allows all concealed carry permit holders to bring weapons into any "publicly owned or operated building", including courthouses. Rejected by full Senate 3/28/13.

North Dakota SB 2272 Deletes statute related to district court reporters and bailiffs. Approved by House Judiciary Committee 3/29/13.

Tennessee SB 1057 ORIGINAL: Provides where judge must transmit information to governor requesting substitute judge is needed due to illness, recusal, etc. that the request may be made electronically. AS AMENDED: Requires all courts using e-filing must use system provider authorized by administrative office of the courts. Approved as amended by Senate Judiciary Committee 3/26/13.

Texas HR 858 Celebrates Municipal Courts Week in Texas. Approved by full House 3/28/13.

Texas HR 902 Celebrates Municipal Courts Week in Texas. Approved by full House 3/27/13.

Texas SB 107 Restricts disclosure by a court of criminal history record information that is the subject of an order of nondisclosure. Approved by full Senate 3/27/13.

Texas SB 231 Expands number/type of associate judges who may carry a firearm. Approved by full Senate 3/27/13.

Texas SCR 21 Celebrates Municipal Courts Week in Texas. Approved by full Senate 3/27/13.

West Virginia HB 2787 ORIGINAL: Allows family court judges and magistrates to carry concealed handguns without a permit. AMENDED: Amends existing firearms laws with respect to judges. Allows any judge or prosecutor to carry a firearm into a courthouse, but only after having completed training and certification equivalent to that required of state police. Approved by House Judiciary Committee 3/29/13.