Volume 7 Issue 22

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

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 House Judiciary Committee 6/5/13.

Missouri SB 267 Prohibits use by state courts of foreign or international law. Vetoed by Governor 6/3/13.

North Carolina SB 452 AS APPROVED BY HOUSE: Increases small claims from $5,000 to $10,000. Increases District Court jurisdiction from $10,000 to $25,000. Expands nonbinding arbitration law to cases up to $25,000. (Senate version had $20,000 for both) Approved by full House 6/6/13. To Senate to concur with House amendment.

Wisconsin AB 161 Provides a trial judge's determination that a law is unconstitutional does not suspend enforcement of law. Approved by full Assembly 6/6/13.

Qualifications and Terms: Newly Introduced

NONE

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. Failed to reach 2/3rds majority in House 6/3/12. Motions to consider after 57th legislative day failed to reach 2/3rds majority in House 6/5/13 and 6/6/13.

New York SB 886 (Constitutional Amendment) Authorizes retired supreme court justices (in New York, the court of general jurisdiction is the supreme court) to serve as justice of supreme court until age 80. Provides that judges of the court of appeals need not retire until the end of the year in which they turn 80. Prohibits the appointment of any person over age 70 to the court of appeals. (NOTE: Second stage approval. First approval took place in 2011/2012 legislative session). Approved by Senate Judiciary Committee 6/4/13.

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. Approved by Senate Judiciary Committee 6/4/13.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Oregon HB 2562 Updates rules to facilitate the development of electronic court processes. Clarifies that Chief Justice’s rules govern all types of court records. Removes requirement to maintain separate probate case information. Designates electronic copy as “official” court record. Updates laws that govern filing transcripts. Adds language to eliminate conflicts on electronic signatures.  Approved by Senate Judiciary Committee 6/7/13.

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

Connecticut HB 6448 Repeals outdated probate fee schedules. Approved by full Senate 6/4/13. To Governor for signature.

Connecticut HB 6692 Requires those too poor to pay fees associated with civil or criminal lawsuits work up to 20 hours in lieu of the fee. AS AMENDED: Strike all reference to working. Allows the court to deny an indigent person's application for a waiver of court and service of process fees in civil actions if certain criteria are met. In the event that these criteria are met and the waiver is denied and the indigent person chooses to pay the court fees, this bill may result in a potential minimal revenue gain. Approved by full House 6/4/13. Approved by full Senate 6/5/13. To Governor for signature.

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. Senate concurs with House amendment 5/31/13. To Governor for approval.

Louisiana HB 620 Requires spending due to constitutional or other mandates to be considered in a separate appropriation bill from spending that is not required to be funded if health care or higher education funding is reduced. Requires judicial appropriations and all other nondiscretionary spending be considered desperately from other spending. Conference committee report approved by House and Senate 6/6/13. 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 House 6/3/13. Senate concurs with House amendments 6/4/13. To Governor for signature.

Michigan HB 4704 Provides chief judge of a court funded by a county has standing to bring suit in the Court of Appeals against a legislative body or chief administrative office of that county concerning a general appropriations act, including any challenge to serviceable levels of funding for that court or the administration, execution, and enforcement of a general appropriations act as it relates to the court. Provides before the chief judge brings a suit a mediator would have to certify in writing that the parties were unable to resolve the issues by mediation. Approved by full House 6/5/13.

Nebraska LB 229 Changes the Nebraska Retirement Fund for Judges fee. Indefinitely postponed by full Senate 6/5/13.

Nebraska LB 232 Increases salary of supreme court justices and thus all other judges (all other judicial salaries are recorded as a percent of supreme court justices' salaries). Indefinitely postponed by full Senate 6/5/13.

New York SB 4485 Provides for the refund of certain mandatory surcharges and fees to be made by the court that collected such surcharge or fee. Approved by Senate Codes Committee 6/5/13.

Oregon SB 771 Allows judge member of Public Employees Retirement System to designate more than one beneficiary to receive retirement benefits after judge's death. Approved by Senate Rules Committee 6/6/13.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

North Carolina SB 210 Allows Chief District Court Judge to designate Chief Magistrate of a county.  Approved by full House 6/4/13. To Governor for signature.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Pennsylvania SB 333 (Constitutional Amendment) Eliminates the Traffic Court of Philadelphia. Approved by full House 6/4/13. Must be approved by 2015/2016 legislature to appear on 2016 ballot.

Pennsylvania SB 334 Eliminates the Traffic Court of Philadelphia. Approved by full House 6/5/13. To Senate to concur with House amendments.

Other: Newly Introduced

Texas HB 38 (Special Session) Expands number/type of Masters, Magistrates, Referees, and Associate Judges who may carry a firearm. In House (no committee).

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. Approved with Senate amendment by Senate Judiciary Committee 6/6/13.

Connecticut HB 6387 Allows court clerks to record or copy certain documents by photograph, microfilm, computerized image, or another process that accurately reproduces or forms a durable medium for reproducing the original. Requires the person requesting the recording or copying to pay the associated fees regardless of the method the clerk used. Approved by full Senate 6/4/13. To Governor for signature.

New York SB 1728 Requires orders of protection and temporary orders of protection issued in family court or in cases of family offenses in criminal court or in matrimonial actions to be translated by an interpreter into the native language of the parties.  Approved by Senate Judiciary Committee 6/4/13.

North Carolina HB 122 AS AMENDED: Rewrites judicial disciplinary law of state. Revises methods for issuance of public reprimand. Removes Court of Appeal's power to hear disciplinary matters related to Supreme Court justices and transfers to new 3-judge panel selected by legislative leaders and governor. Approved as amended by Senate Judiciary I Committee 6/6/13.

Oregon SB 33 Adds judiciary to list of government entities that must designate a liaison to the office of Emergency Management.  Approved by House Veterans and Emergency Preparedness Committee 5/31/13.