Volume 7 Issue 20

Indicates featured legislation

Jurisdiction: Newly Introduced

New York AB 7466 Increases the monetary jurisdiction of the justice courts from three thousand dollars to five thousand dollars. In Assembly Judiciary Committee.

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Texas HB 3314 Revises time frame for instruction and continuing education requirements for certain court clerks. Approved by full Senate 5/22/13. To Governor for signature.

Rule Making Authority: Newly Introduced

New York AB 7552 Authorizes the chief administrator of the courts to establish rules for special proceedings authorized under section 9-518 of the uniform commercial code relating to wrongful financial statements. In Assembly Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

New York SB 4042 Authorizes the chief administrator of the courts to establish rules for special proceedings authorized under section 9-518 of the uniform commercial code relating to wrongful financial statements. Approved by full Senate 5/23/13.

Salary and Budget: Newly Introduced

Illinois HB 3632 Revises judicial pension system. Requires Tier I employees to elect (i) to have the amount of their automatic annual increases reduced and to waive their eligibility for automatic annual increases for 2 years, (ii) to make additional employee contributions and to waive their eligibility for automatic annual increases for 3 years, or (iii) to maintain their current benefit package. Specifies that a Tier I employee who has elected either item (i) or (ii) is entitled to have future increases in income treated as pensionable income and remains eligible to participate in the State-sponsored program of health benefits during retirement. Specifies that a Tier I employee who has elected item (iii) is not eligible for any of these benefits. Requires Tier I retirees to elect (i) to delay their eligibility for automatic annual increases or (ii) to maintain their current benefit package. Specifies that a Tier I retiree who elects item (ii) becomes ineligible to participate in the State-sponsored program of health benefits during retirement. In House Rules Committee.

Nebraska LR 251 Directs interim study to examine court fees earmarked to generate revenue for the Nebraska Judges Retirement System. In Senate Judiciary Committee.

Nebraska LR 287 Directs interim study to examine the requirement that counties pay court filing fees and costs when filing criminal charges and civil proceedings in the county, district, and juvenile courts. In Senate Judiciary Committee.

Salary and Budget: Floor and Committee Activity

California AB 566 Establishes specified standards if a trial court intends to contract for any services that are currently or customarily performed by trial court employees. Provides that any contract entered into or extended between the date the bill is enacted and the date it is effective that does not comply with the requirements terminates 90 days after the date the bill becomes operative, unless the contract terminates earlier. Provides that if a trial court seeks to contract for services currently, previously or customarily or, as of July 1, 2012, performed by that court's trial court employees, all of the following apply: a) The contract may not be approved if, in light of the services provided by the trial courts and the special nature of the judicial function, it would be inconsistent with the public interest to have the services performed by a private entity. b) The court clearly demonstrates that the contract will result in actual, overall cost savings to the court, considering specified factors, as provided. c) The contract savings are not the result of lower contractor pay rates or benefits, provided the contract is eligible for approval if the contractor's wages are at the industry standard and do not undercut trial court pay rates. d) The contract does not cause existing trial court employees to lose employment, as provided. e) The contract is awarded through a competitive bidding process. f) The contract provides for qualified staff, and the contractor's hiring practicing are nondiscriminatory. g) The contract allows for immediate termination by the trial court, without penalty, for material breach. h) For contracts over $100,000, requires the contract to 1) disclose specified information, 2) provide measurable performance standards; and 3) require a performance audit and a cost audit be done and considered prior to any contract renewal. j) The contract is limited to no more than five years. Approved by Assembly Appropriations Committee 5/24/13.

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 Senate 5/23/13. To Governor for signature.

Louisiana HB 332 Increases twenty-one fees (new suits, eviction proceedings, etc.) that justices of the peace may charge for filings and services in civil matters. Approved by full Senate 5/23/13. To Governor for signature.

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. Provides that any salary adjustments resulting from this Act shall only apply to judges and shall not apply to any other public officer whose salary is set in accordance with the judge’s salary. Approved by full Senate 5/22/13.

Michigan HB 4704 Specifies mechanisms by which the chief judge of a court funded by the county may bring suit for lack of funding. Approved by House Judiciary Committee 5/23/13.

Minnesota SB 1534 Increases judicial salaries 4% every year for 2013, 2014, 2015 and 2016 if and only if legislature adopts 1% increase in pension fund contribution rates by judges. In Senate Finance Committee.

Nevada AB 54 Increases the amount of certain fees charged and collected by the justice court and revises the tiers upon which certain fees are based. Requires the county treasurer to deposit 25 percent of the fees received from justices of the peace into a special account administered by the county and maintained for the benefit of the justice courts within the county. Limits use of such funds to those specified in bill. Approved with Senate amendment by full Senate 5/24/13. To Assembly to concur with Senate amendment.

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 full Senate 5/24/13. To Governor for signature.

Nevada SB 224 Imposes $100 fee on conviction for DWIs. Provides fee to pay for specialty courts in state. Provides the Office of Court Administrator to accept money from gifts, grants and other sources to apportion to courts that provide specialty court programs for that same purpose. Approved by full Assembly 5/24/13. To Senate to concur with Assembly amendments.

Texas HB 1513 SENATE VERSION: Authorizes the commissioners court of a county to increase a district court records archive fee from not more than $5 to not more than $10 with the fee to go to the district court records technology fund for the preservation and restoration of the district court records archive. Authorizes a county clerk to increase the Records Management and Preservation Fee and Records Archive Fee from not more than $5 to not more than $10. House concurs with Senate amendment 5/23/13. To Governor for signature.

Texas SB 1080 Requires study of the adequacy and appropriateness of additional compensation paid to certain county judges. Approved by full House 5/22/13. To Governor for signature.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

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. Approved by full Assembly 5/20/13.

Minnesota SB 661 CONFERENCE COMMITTEE: Extends certain campaign finance regulations to judicial races. Conference committee report approved by House and Senate 5/20/13. To Governor for signature.

Texas HB 2772 Creates interim study regarding the method by which district judges and appellate justices and judges are selected. House to concurs with amendments 5/20/13. To Governor for signature.

Structure Changes: Newly Introduced

New York AB 7529 Creates veterans treatment court programs. In Assembly Codes Committee.

Structure Changes: Floor and Committee Activity

Nevada AB 84 Requires certain district courts to establish an appropriate program for the treatment of certain offenders who are veterans or members of the military if funds are available. Approved with Assembly amendment by full Assembly 5/21/13.

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 full Senate 5/21/13.

Nevada SJR 14 (Constitutional Amendment) Creates intermediate appellate court. Approved by full Senate 5/20/13.

Other: Newly Introduced

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Other: Floor and Committee Activity

California AB 1127 AS AMENDED: Requires that on or before March 1, 2014, the Judicial Council shall establish the California Language Access Task Force, which shall be responsible for developing a comprehensive statewide Language Access Plan (LAP) for use by courts to address the needs of limited-English-proficient individuals. Approved by as amended by Assembly Appropriations Committee 5/24/13.

Connecticut SB 995 Allows authorized Judicial Branch employees to access the Connecticut on-line law enforcement communications teleprocessing (COLLECT) system regarding branch job applicants or employees or job applicants at agencies under contract with the branch who will have access to criminal justice information. Approved by full Senate 5/22/13.

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 full House 5/23/13.

Maine HB 167 Makes it easier for judges, clerks, and other public officials who have false liens/encumbrances on their property to remove them. Provides civil penalty for filing of false liens/encumbrances. Approved by full Senate 5/20/013. To Governor for signature.

Nebraska LB 3 Provide penalty for fraudulent filings, change nonconsensual common-law lien provisions against judges and others. Approved by full Senate 5/10/13. To Governor for signature.

Nevada SB 106 Authorizes the court to enter a civil judgment for the amount of any unpaid fines, administrative assessments, fees and restitution imposed against a criminal defendant. Revises the purposes for which money collected from collection fees imposed by a court may be used. Senate concurs with Assembly amendment 5/22/13. To Governor for signature.

Nevada SB 208 Includes court bailiffs and deputy marshals as "police officers" for purposes of Nevada Occupational Diseases Act. Approved with Assembly amendment by full Assembly 5/23/13. To Senate to concur.

Nevada SB 22 Requires clerks of the district courts and justice courts provide Attorney General copy of any ruling striking down a state statute or a provision of the state's constitution. Approved with Assembly amendment by full Assembly 5/21/13. To Senate to concur.

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 with Assembly amendment by full Assembly 5/24/13. To Senate to concur.

Texas HB 1728 Provides for use of electronic court seal by constitutional county court or county clerk. Approved by full Senate 5/22/13. 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 full House 5/22/13. To Senate to concur with House amendment.

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 Senate 5/21/13. To Governor for signature.