Volume 7 Issue 18

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Arizona HB 2240 CONFERENCE COMMITTEE: Increases small claims jurisdiction from $2,500 to $3,500. Senate rejects conference committee 5/9/13.

Missouri SB 267 Prohibits use by state courts of foreign or international law. Approved by full House 5/8/13. To Governor for signature.

Wisconsin AB 161 Provides a trial judge's determination that a law is unconstitutional does not suspend enforcement of law if appeal filed. Approved by Assembly Government Operations Committee 5/8/13.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

California AB 868 Requires Judicial Council train judges and judicial officers on the effects of gender identity and sexual orientation on family law proceedings. Requires training on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. Approved by Assembly Appropriations Committee 5/9/13.

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 full Senate 5/6/13.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Oregon SB 49 Authorizes Chief Justice of Supreme Court to adopt standards and plan for physical security of judges and staff. Approved by full House 5/8/13. To Governor for signature

Texas HB 3669 Provides for process when at statutory probate court judge is recused and replacement selected. Approved by full House 5/10/13.

Salary and Budget: Newly Introduced

Michigan HB 4704 Specifies mechanisms by which the chief judge of a court funded by the county may bring suit for lack of funding. In House Judiciary Committee.

Pennsylvania HB 1347 Allows intercept of income tax refunds and lottery winnings to pay for debts owed to the court. In House Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Illinois SB 1674 Amends the Code of Civil Procedure. Provides that 2% of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Approved by House Judiciary Committee 5/8/13.

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 full House 5/6/13.

Louisiana HB 332 Increases various civil filing fees in justice of the peace courts. Approved by full House 5/10/13.

Louisiana SB 188 Increases judicial salaries in 2013: 5.5% for supreme court, 3.7% for court of appeals, 4% for district court, 2.1% for state paid city/parish court judges. Provides for 2.1% increases for 2014-2017 for all judges. Approved by Senate Judiciary A Committee 5/7/13.

North Carolina HB 343 Provides Administrative Office of the Courts may withhold the amount of court costs and fees from facilities fees due the county when a county agency does not pay corresponding court costs and fees within 30 days of the date of filing of the action. Approved by House Finance Committee 5/1/13.

Texas SB 560 Provides judges are to be paid on biweekly basis (currently monthly). Approved by full House 5/10/13. To Governor for approval.

Wisconsin AB 22 Increases maximum court fees assessed for ordinance violations in municipal courts from $28 to $38. Approved by full Assembly 5/8/13

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Minnesota SB 661 Extends certain campaign finance regulations to judicial races. Approved by full Senate 5/9/13.

Texas HB 2211 Requires contributions to campaigns for county judge or justice of the peace judge to be online. Approved by full House 5/8/13.

Structure Changes: Newly Introduced

Michigan HB 4694 Allows for creation of mental health courts. In House Judiciary Committee.

Structure Changes: Floor and Committee Activity

California ACR 36 Encourages creation of veterans courts. Approved by House Veterans Affairs Committee 5/1/13

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

California AB 1167 Includes as a "court record" a writ, subpoena, or other legal process that may be signed and verified using a computer or other technology. Author amended in Senate Judiciary Committee 5/6/13.

California AB 1352 Clarifies that time periods to destroy court documents and records commence after the date of final disposition of the case. Approved by Assembly Appropriations Committee 5/9/13.

Connecticut SB 235 Enacts Uniform Electronic Legal Material Act. Provides for official publication of decisions of the Supreme Court, the Appellate Court and the Superior Court. Approved by full House 5/9/13. To Governor for signature.

Kansas HB 2115 CONFERENCE COMMITTEE: 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. Extends from 12 to 15, the aggregated number of years a retired judge may enter into agreements for temporary judicial employment. Amends state debt setoff law to provide that the collection assistance fee for all debts owed to a court shall be paid by the debtor as an additional cost, rather than deducted from the debts owed to a court. Conference committee report approved by House 5/14/13. 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 full Senate 5/6/13.

Missouri HB 543 Provides state auditor may audit circuit courts. Approved by Senate Governmental Accountability and Fiscal Oversight Committee 5/9/13.

Nebraska LB 103 Changes provisions relating to judges' powers at chambers. Provides a judge in civil case may order, where party is incarcerated, use of telephonic or videoconferencing. 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 full House 5/7/13.

North Carolina HB 820 Revises numerous laws affecting courts. Allows Governor to select anyone to fill interim vacancies in District Courts (currently must selection from list given by local bar). Eliminates Courts Commission. Provides Joint Legislative Oversight Committee on Justice and Public Safety to oversee courts. Provides requirements for chief district court judge in terms of allocation of magistrates to hear traffic cases in lieu of district judges. Approved by House Government Committee 5/9/13.

Texas SB 209 Subject to approval of constitutional amendment, authorizes the State Commission on Judicial Conduct to issue a public admonition, warning, reprimand, or order of education following a formal proceeding, in addition to its current authority to issue a public censure or recommend removal or retirement of a judge or justice to a Review Tribunal. Requires the Court of Review to conduct a review of the record of the formal proceeding and to allow new evidence with good cause shown, as is currently done for censures; instead of by trial de novo as is currently done for appeals of sanctions issued in informal proceedings. Requires the Commission to study its procedural rules for needed updates to reflect changes in case law, statute, and the constitution, and to report these findings to the Supreme Court on an as-needed basis. Requires the Commission to provide Sunset staff with access to observe its closed meetings and review its confidential records to ensure a complete and thorough evaluation of the Commission’s activities. Requires the Commission to hold an annual public hearing to allow the public to offer input on the Commission’s mission and operations. Requires the Commission, after dismissing a complaint, to provide the individual who filed the complaint with the reason(s) in plain language why the allegation made in the complaint failed to meet the definition of judicial misconduct. Clarifies in statute that the Commission is a state agency for the administration of judicial discipline, and does not have the power and authority of a court. Approved by House Judiciary Committee 5/6/13.