Volume 7 Issue 25

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 full House 6/26/13. Enacted (in Delaware, constitutional amendments do NOT have to be approved by voters).

North Carolina HB 695 ORIGINAL: Prohibits use of foreign or international law in state courts. AS AMENDED BY SENATE: Same, but adds list of abortion restrictions and bans. Approved as amended by Senate Judiciary I Committee 7/2/13. Additional abortion amendments added on Senate floor 7/3/13. Approved by full Senate 7/3/13.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

North Carolina HB 161 ORIGINAL: Provides magistrates are subject to same mandatory retirement age as judges. AMENDED: Same, but applies only to those becoming magistrates after January 2015. Approved by Senate Pensions & Retirement and Aging Committee 6/25/13. Approved by full Senate 7/1/13. To Governor for signature.

Oregon SJR 34 (Constitutional Amendment) Provides person serving as an Oregon judge may be employed by the Oregon National Guard for the purpose of performing military service or may be employed by the State Board of Higher Education or a school board for the purpose of teaching, and the employment does not prevent the person from serving as a judge.  Approved by full Senate 6/25/13. Approved by full House 6/28/13. To appear on 2014 ballot.

Pennsylvania HB 79 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 75. Approved by full House 6/28/13.

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

California AB 566 AS APPROVED BY ASSEMBLY: 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 with Senate amendments by Senate Judiciary Committee 7/1/13.

California SB 13 Specifies that the Judges' Retirement System I and the Judges' Retirement System II are not required to adopt the defined benefit formula contained in other provisions for nonsafety and safety members. Approved by Assembly Appropriations Committee 6/26/13.

Delaware SB 77 Designates upper-level management positions in the Justice of the Peace Court from classified service to exempt service, consistent with similar positions in the Superior Court, Family Court and Court of Common Pleas. Provides legislation effective at the time the incumbent separates from service. Approved by full House 6/26/13. To Governor for signature.

New Jersey SB 3002 Provides that the Supreme Court may, subject to limitations provided in the bill, adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding: (1) the development, maintenance, and administration of a “Statewide digital e-court information system,” that incorporates electronic filing, service of process, document and case management, financial management, and public access to digital court records; and (2) Legal Services of New Jersey. Approved by Senate Budget and Appropriations Committee 6/20/13.

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 Senate Finance Committee 6/25/13. Approved by full Senate 6/26/13. House concurs with Senate amendment 6/27/13. To Governor for signature.

Pennsylvania HB 913 Provides fees, fines and costs assessed under state's Dog Law to go to Dog Law Restricted Account rather than Judicial Computer System Augmentation Account. Approved by House Agriculture & Rural Affairs Committee 6/27/13. Approved by House Rules Committee 6/30/13. Approved by House Appropriations Committee 7/1/13.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

California AB 1005 AS APPROVED BY ASSEMBLY: Requires governor and state bar report number of applicants for judicial office that are veterans or those with physical disability or mental disability. Requires AOC report how many judges currently in office are veterans or disabled. AS APPROVED BY SENATE: Same, but replaces phases "physical disability" and "mental disability" with "disability". Approved by Senate Appropriations Committee 6/24/13. Approved by full Senate 7/1/13. To Assembly to concur with Senate amendment.

Rhode Island SB 471 Extends until 2014 law allowing any individual whose name was publicly submitted to the governor by the judicial nominating commission, eligible for subsequent nomination by the governor. Retroactively applies to those on pending lists as of June 30, 2013.  Approved by full Senate 7/2/13. Approved by full House with House amendment 7/3/13. Senate concurs with House amendment 7/3/13. To Governor for signature.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

NONE

Other: Newly Introduced

Wisconsin AB 253 Restricts access to and limiting information contained in the Consolidated Court Automation Programs. In Assembly Judiciary Committee.

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 Senate Judiciary Committee 6/25/13.

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 Senate Judiciary Committee 7/1/13.

Delaware SCR 9 Creates a Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public. Provides report due February 15, 2014. Approved by full House 7/1/13. Governor's signature not required.

Pennsylvania SB 601 Enacts Uniform Electronic Legal Material Act. Provides for official publication of decisions of the state's courts and rules of court. Approved by full Senate 6/24/13.

Rhode Island HB 5830 Requires a sign language or Communication Access Realtime Translation (CART) provider for all court proceedings. Approved by full Senate 7/3/13. Approve by full House with Senate amendment 7/3/13. To Governor for signature.