Volume 7 Issue 17

Indicates featured legislation

Jurisdiction: Newly Introduced

Wisconsin AB 161 Provides a trial judge's determination that a law is unconstitutional does not suspend enforcement of law. In Assembly Government Operations Committee.

Wisconsin SB 154 Provides a trial judge's determination that a law is unconstitutional does not suspend enforcement of law. In Senate Judiciary Committee.

Jurisdiction: Floor and Committee Activity

California SCA 13 (Constitutional Amendment) Provides court of appeals has jurisdiction to hear death penalty appeals (currently supreme court hears appeals). Rejected by Senate Public Safety Committee 4/30/13.

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. Approved by full Senate 4/29/13.

Qualifications and Terms: Newly Introduced

New York SB 4934 (Constitutional Amendment) Increases mandatory retirement age from 70 to 74 for most state judges. Allows certain judges reaching 74 to be reappointed for 2 years terms to age 80. In Senate Judiciary Committee.

Pennsylvania HB 1258 (Constitutional Amendment) Increases mandatory judicial retirement age from 70 to 75. In House Judiciary Committee.

Pennsylvania HB 1290 Increases minimum age for judges from 21 to 25. In House Judiciary Committee

Qualifications and Terms: Floor and Committee Activity

Louisiana SB 5 (Constitutional Amendment) ORIGINAL: Eliminates mandatory judicial retirement age. AMENDED: Same, but allows amendment to go onto November 2014 ballot or next statewide election ballot, whichever is earlier. Approved as amended by Senate Judiciary A Committee 4/30/13.

Massachusetts HB 65 (Constitutional Amendment) Sets 7 year terms for judges (currently serve until age 70). Rejected by Joint Committee on the Judiciary 4/29/13.

Massachusetts HB 68 (Constitutional Amendment) Increases mandatory retirement age from 70 to 76. Rejected by Joint Committee on the Judiciary 4/29/13.

Rule Making Authority: Newly Introduced

Pennsylvania HR 283 Urges the Pennsylvania Supreme Court to study the impact on certain entities caused by the Pennsylvania Rules of Civil Procedure that allow broad latitude to plaintiffs in the bringing of certain tort cases and to examine the efficacy and justice of expanding the Supreme Court's 2002 rule on venue for cases of alleged medical professional liability to all civil proceedings. In House Judiciary Committee

Rule Making Authority: Floor and Committee Activity

Texas HB 2749 Requires supreme court create forms for expedited foreclosures. Approved by full House 5/2/13.

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

Florida SB 1512 CONFERENCE COMMITTEE: Increases revenues to allow the clerks to be fully funded and out of the General Appropriations Act, similar to status prior to 2009. Requires the clerks to submit their proposed budgets to the Clerk of Court Operations Corporation by June 1 beginning in 2014. Requires the Corporation to review, certify, and approve the clerks’ budgets and requires the Corporation to submit the budgets to the Legislative Budget Commission (LBC) by August 1 beginning in 2014. Authorizes the LBC to review, approve, disapprove or amend and approve the clerks of court budgets by October 1 of each year beginning in 2014. Defines workload measures and workload performance standards. Requires the Corporation to contract with DFS for audits of court - related budgets of individual clerks. Requires the Corporation to base its revenue estimates on the official Revenue Estimating Conference estimate. Provides a specific amount of collected revenues for the clerks to spend for the period beginning July 1, 2013 and ending Sept ember 30, 2014. Conference committee report approved by House and Senate 5/3/13. To Governor for signature.

Louisiana HB 174 Provides for a 4% increase in salary for clerks of court annually through FY 2016-2017. Requires that a clerk must complete the annual certification update and renewal course to be eligible to receive the salary increase. Approved by House Judiciary Committee 4/29/13.

Louisiana HB 332 Increases various civil filing fees in justice of the peace courts. Approved by full House 4/30/13.

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 Senate 5/2/13. To Governor for signature.

Texas HB 1448 ORIGINAL: Provides justice court technology fund may be used for education of constables and purchase of technology enchantments for constables. AMENDED: Applies to county that has a population of 125,000 or more. Approved as amended by full House 5/2/13.

Texas SB 390 Amends current law relating to the effective date of a new court cost or fee or of an amendment to the amount of a court cost or fee. Approved by House Judiciary Committee 4/29/13.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Massachusetts SB 15 (Constitutional Amendment) Eliminates Executive Council, which currently confirms judicial nominees. Transfers confirmation power to legislature's Joint Committee On The Judiciary. Rejected by Joint Committee on the Judiciary 4/29/13.

Texas HB 2772 Creates interim study regarding the method by which district judges and appellate justices and judges are selected. Approved by full House 5/2/13.

Texas SB 103 Eliminates straight-party voting for judicial offices. Approved by Senate State Affairs Committee 5/3/13.

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 Senate 4/28/13. To Governor for signature.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Missouri SB 118 Authorizes circuit courts or a combination of circuits to create veterans treatment courts. Approved by House Judiciary Committee 5/1/13.

Texas SB 462 SENATE VERSION: 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. HOUSE VERSION: Same, but alters existing law regarding "community justice plans". Approved with House amendment by House Judiciary Committee 4/29/13

Other: Newly Introduced

New York AB 7128 Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service. In Assembly Governmental Employees Committee.

Other: Floor and Committee Activity

Arizona HB 2516 Permits an officer acting in an official capacity to carry a firearm into the Arizona Supreme Court, court of appeals, superior courts, justice courts and municipal courts. Requires on-duty peace officers to carry official peace officer identification while attending court. Allows a presiding judge to establish rules or policies consistent with laws pertaining to the carrying of firearms by peace officers. Approved by full House 5/1/13. To Governor for signature.

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. Approved by Assembly Judiciary Committee 4/30/13.

California AB 1127 Declares the intent of the Legislature that every effort be made to recruit and retain qualified interpreters to work in the state courts, and that the Judicial Council make further efforts to improve and expand court interpreter services and address the shortage of qualified court interpreters. Approved by Assembly Appropriations Committee 5/1/13.

California AB 1293 Authorizes each superior court to deposit the fines and forfeitures that it collects into its Trial Court Operations Fund instead of with the county treasurer and distribute the funds as provided. Suspends existing law requiring State Auditor establish a pilot program to audit 6 trial courts. Approved by Assembly Judiciary Committee 4/30/13.

Colorado HB 1294 Modifies the definition of "public entity" under the "Colorado Governmental Immunity Act to clarify that it includes the state's judicial department. Approved by full Senate 5/3/13.

Florida SB 112 Prohibits filing of false documents/liens on judges and clerks of court. Approved by full House 4/30/13. To Governor for signature.

Florida SB 556 Prescribes requirements related to electronic court filings. Requires removal of recorded court documents from the Official Records pursuant to a sealing or expunction order. Increases the threshold overpayment amount for which a clerk must make an automatic refund from $5 to $10. Clarifies that the state agency court-related fee exemption applies only to the agency and the party the agency is representing. Approved by full House 5/1/13. To Governor for signature.

Louisiana SCR 6 Requests that the Louisiana State Law Institute study the feasibility of requiring clerks of court to accept electronic signatures on documents to be filed with the court. Approved by Senate Governmental Affairs Committee 5/1/13.

Missouri HB 371 Specifies that any moneys received by or on behalf of the State Courts Administrator from fees, grants, or any other sources in connection with providing training to judicial personnel must be deposited into the Judicial Personnel Training Fund but any moneys collected in connection with a particular purpose must be segregated fees and not disbursed for any other purpose. Approved by full House 5/2/13.

New Hampshire HB 648 Permits current marital masters to remain in office until retirement, resignation, disability, or nonrenewal of appointment. Approved by full Senate 5/2/13. To Governor for signature.

North Carolina HB 405 Allows judges and clerks of court with concealed carry permits to carry firearms anywhere in state. Approved by House Judiciary C Committee 5/1/13.

South Carolina HB 3101 Prohibits state judges and other officials from enforcing Patient Protection and Affordable Health Care Act. Provides a state judge's enforcement of any provision is punishable as a misdemeanor. Approved by full House 5/1/13.

Texas HB 2409 Provides judges of certain courts may hire court administrators (currently may only hire administrative assistants). Approved by full House 5/2/13.

Texas SB 265 Removes requirement that various county officers, including judges and clerks of court, execute a bond. Approved by full House 5/2/13.

Texas SB 966 AS AMENDED: Consolidates Licensed Court Reporter Interpretation Advisory Board, Court Reporters Certification Board, Guardianship Certification Board, and Process Server Review Board into new Judicial Branch Certification Commission (JBCC). Approved as amended by full House 4/30/13. To Governor for signature.