Volume 7 Issue 19

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Connecticut SB 986 Requires each state agency to follow any order, denial or decree of a Probate Court that is applicable to a determination made by the state agency.  Approved by full Senate 5/15/13.

North Carolina HB 695 Prohibits use of foreign or international law in state courts. Approved by House Judiciary C Committee 5/15/13. Approved by full House 5/16/13.

Qualifications and Terms: Newly Introduced

Kansas HB 2415 Lowers mandatory retirement age for judges from 75 to 65. In House Appropriations Committee.

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 on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. Approved by full Assembly 5/16/13.

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 House Civil Law and Procedure Committee 5/16/13.

Pennsylvania HB 79 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 75. Approved by House Judiciary Committee 5/14/13.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

Connecticut HB 6448 Repeals outdated probate fee schedules. Approved by full House 5/15/13.

Illinois SB 1768 AS AMENDED: Creates the Supreme Court Special Purposes Fund. Provides that, with exceptions, all fees paid to or received by an appellate court clerk shall be paid into the Supreme Court Special Purposes Fund (instead of the State treasury) for costs associated with electronic filing and case management systems in the reviewing courts and the operation of committees and commissions established by the Supreme Court. Approved as amended by full House 5/17/13. 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 Senate Judiciary A Committee 5/14/14.

Louisiana HB 620 Requires judicial appropriations and all other nondiscretionary spending be considered desperately from other spending. Approved by full House 5/10/13.

Louisiana HB 729 Exempts newly elected judges from participation in cash balance retirement plan. Approved by House Retirement Committee 5/16/13.

Louisiana SB 155 Provides that in all civil cases and in all proceedings connected with civil cases the filing fee shall increase from $150 per case to $300 per case. Provides that if other chargeable fees are established by court rule, the clerk of the supreme court shall be entitled to charge such fee amounts as the court may determine and adopt by rule. Approved by House Judiciary Committee 5/15/15.

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.  Approved by Senate Judiciary Committee 5/15/13.

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 full House 5/14/13.

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 Senate 5/17/13. To Governor for approval.

Texas HB 2302 Permits a judge to use a digital or electronic signature for an official court document. Creates a $20 filing fee for civil cases at the probate, county, district and appellate courts and the Supreme Court. Creates a $10 filing fee for civil cases at the justice courts. Creates a $5 court cost for criminal convictions from the county and district courts. Requires the counties to remit the entire fee to the state and require the Comptroller of Public Accounts to deposit the fees to a Statewide Electronic Filing Fund as an account within the General Revenue Fund that can be appropriated to the Office of Court Administration for an electronic filing system. Permits an appellate court or local government that uses the electronic filing system to charge up to $2 for each electronic transaction for cost recovery. Permits these entities to accept electronic payment methods, including payments made with credit and debit cards. Sets a September 2019 expiration date for the $2 fee and requires OCA to file a report with certain legislative members in 2018 on the number of local governments collecting the fee and the necessity of continuing it. Approved with Senate amendment by full Senate 5/15/13. House concurs with amendment 5/16/13. To Governor for signature.

Texas SB 1080 Requires study of the adequacy and appropriateness of additional compensation paid to certain county judges. Approved by House Judiciary Committee 5/15/13.

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 full House 5/17/13. To Governor for signature.

Selection: Newly Introduced

Kansas HCR 5019 (Constitutional Amendment) Ends merit selection for Supreme Court. Provides for appellate court vacancies, governor may select anyone otherwise eligible subject to Senate confirmation. Places court of appeals in state constitution (currently created by statute). Item to appear on August 2014 ballot In House Judiciary Committee.

Selection: Floor and Committee Activity

North Carolina SB 210 Allows Chief District Court Judge to designate Chief Magistrate of a county.  Approved by Senate Judiciary I Committee 5/14/13. Approved by full Senate 5/15/13.

Texas HB 2772 Creates interim study regarding the method by which district judges and appellate justices and judges are selected. Approved with Senate amendments by full Senate 5/17/13. To House to concur with amendments.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

California ACR 36 Encourages creation of veterans courts. Approved by full Assembly 5/16/13.

Louisiana SB 152 Allows courts to create gun court docket. Approved by House Judiciary Committee 5/15/13.

Louisiana SB 71 Authorizes and provides for mental health courts. Approved by House Administration of Criminal Justice Committee 5/14/13.

Missouri HB 373 AS AMENDED: Starting in 2020 allows for the redrawing of the circuit and appellate districts every 20 years by the Missouri Supreme Court under criteria set in law. r. Provides plan only becomes effective if NOT rejected by legislature, which is not permitted to amend the plan. Approved as amended by Senate Judiciary Committee 5/15/13.

Missouri SB 118 Authorizes circuit courts or a combination of circuits to create veterans treatment courts. Approved by full House 5/15/13. Senate concurs with House amendment. To Governor for signature.

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 Finance Committee 5/16/13.

Nevada SJR 14 (Constitutional Amendment) Creates intermediate appellate court. Approved by Senate Finance Committee 5/16/13.

Oregon HCR 24 Expresses legislative support for creation of Veterans Treatment Court in all judicial districts. Approved by full Senate 5/16/13. No further approval required.

Pennsylvania SB 333 (Constitutional Amendment) Eliminates the Traffic Court of Philadelphia. Approved by House Judiciary Committee 5/14/13.

Pennsylvania SB 334 Eliminates the Traffic Court of Philadelphia. Approved by House Judiciary Committee 5/14/13.

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 full House 5/16/13. To Senate to concur with amendment.

Other: Newly Introduced

New York AB 7360 Reclassifies court officers and court clerks of the unified court system as police officers and repeals provisions relating to their status as peace officers. In Assembly Codes Committee.

New York SB 2847 Establishes standards for court interpreters and a procedure for waiver of a non-English speaking person's right to an interpreter in any proceeding. In Senate Judiciary Committee.

New York SB 5173 (Constitutional Amendment) Authorizes the temporary assignment of a judge of the District Court to serve as an acting Supreme Court justice in the judicial department of his or her residence.(Note: in NY, the Supreme Court is a trial court). In Senate Judiciary Committee.

New York SB 5174 (Constitutional Amendment) Authorizes the temporary assignment of a judge of the New York City Civil Court or Criminal Court to serve as an acting Supreme Court justice in the judicial department of his or her residence.(Note: in NY, the Supreme Court is a trial court). In Senate Judiciary Committee.

New York SB 5307 Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics; provides that such crime is a class E felony.  In Senate Codes Committee.

New York SB 5455 Reclassifies court officers and court clerks of the unified court system as police officers and repeals provisions relating to their status as peace officers. In Senate Codes Committee.

Other: Floor and Committee Activity

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 full Assembly 5/16/13.

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 full Assembly 5/16/13.

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 House Judiciary C Committee 5/15/13. Approved by full House 5/16/13.

Missouri HB 374 Authorizes starting in 2020 Judicial Conference of the State of Missouri to alter the geographical boundaries and territorial jurisdiction of the judicial circuits by means of a circuit realignment plan as the administration of justice may require subject to state constitutional requirements Provides the Missouri Supreme Court must, by January 1, 2015, recommend the guidelines appropriate for use by the General Assembly in determining the need for additional judicial personnel or the reallocation of existing personnel and recommend appropriate guidelines for the evaluation of judicial performance. Provides guidelines must be filed with the chairs of the House and Senate Judiciary committees for distribution to the members of the General Assembly, and the court must annually file a report measuring and assessing judicial performance in the state appellate and circuit courts including a judicial weighted workload model and a clerical weighted workload model. Provides when the Office of the State Courts Administrator indicates in an annual weighted workload model for three consecutive years or more the need for four or more full-time judicial positions in any judicial circuit having a population of 100,000 or more, there must be one additional associate circuit judge position in the circuit for every four full-time judicial positions needed as indicated in the model. In a multicounty circuit, the additional positions must be apportioned among the counties in the circuit as specified based on the basis of population. Authorizes a circuit court or a combination of circuit courts to establish a veteran's treatment court upon the agreement of the presiding judges of the courts to provide an alternative to dispose of cases which stem from substance abuse or mental illness of current or former military personnel. Repeals the requirement that a member of the judiciary notify the Department of Revenue when the member's status changes and he or she and his or her immediate family do not qualify for the exemption from the release of specified personal information contained in the department's motor vehicle or driver registration records and the departments' records to be revised. Replaces the chairman of the Circuit Court Budget Committee with the chairman of the Court Automation Committee for the purpose of service on the Criminal Records and Justice Information Advisory Committee within the Department of Public Safety. Provides 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.  Conference committee report approved by House and Senate 5/17/13. To Governor for signature.

Nevada SB 27 Specifically requires Attorney General to provide legal counsel to any present or former justice of the Supreme Court, senior justice, judge of a district court or senior judge sued civilly based on alleged act or omission relating to the person’s public duty or employment. Approved by Assembly Judiciary Committee 5/16/13. Approved by full Assembly 5/17/13.

Nevada SB 74 Requires the officer, employee or agent of the governmental entity holding a public record to prepare the copy of the public record, unless the copy needs to be a certified copy. Requires all public books or record to be made available immediately upon request if the public book or record is readily available.  Approved by Assembly Government Affairs Committee 5/16/13. Approved by full Assembly 5/17/13. 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 5/14/13. To Governor for signature.

Pennsylvania HR 107 Urges supreme court require pro bono legal service as a condition of admission to the Pennsylvania Bar. Approved by House Judiciary Committee 5/14/13.

South Carolina SB 22 Restructures state's executive departments. Provides Division of General Services shall not be transferred to the Department of Administration until approval by legislative and judicial agencies receiving services from the Division. Approved by full House 5/15/13. To Senate to concur with House amendments.

Texas HB 62 AS AMENDED: Prohibits judges from having "a significant interest" owning, managing, or operating a private correctional or rehabilitation facility. Approved as amended by full Senate 5/17/13. To Governor for signature.

Texas SB 107 Restricts disclosure by a court of criminal history record information that is the subject of an order of nondisclosure. Approved by House Judiciary Committee 5/13/13.

Texas SB 1471 Provides process for recusal or disqualification of a statutory probate court judge and subsequent assignment of another judge. Approved by House Judiciary Committee 5/15/13.

Texas SB 209 Subject to approval of constitutional amendment, authorizes the Commission 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 full House 5/17/13.

Texas SB 231 Expands number/type of Masters, Magistrates, Referees, and Associate Judges who may carry a firearm. Approved by House Homeland Security Committee 5/10/13.

Texas SJR 42 (Constitutional Amendment) Authorizes the State Commission on Judicial Conduct to add to its list of allowable disciplinary actions after a formal proceeding a public sanction. Provides sanction could take the form of an order of public admonition, warning, reprimand or a requirement for additional training or education. Approved by full House 5/16/13. To appear on 2014 ballot.