Volume 7 Issue 9

Indicates featured legislation

Jurisdiction: Newly Introduced

Alabama HB 297 Grants circuit court current jurisdiction with district court in cases from $6,000 - $10,000. Increases small claims to $6,000 (from $3,000). In House Judiciary Committee

Iowa HB 248 Increases small claims jurisdiction from $5,000 to $10,000. In House Judiciary Committee.

Texas HB 1598 Increases justice court's jurisdiction to $15,000 (currently $10,000). Provides small claims cases may be no more than $5,000. In House (no committee).

Texas SB 695 Bans court use of international law. In Senate State Affairs Committee.

Jurisdiction: Floor and Committee Activity

Florida HB 351 Bans court use of international or foreign law in dissolution proceedings and support enforcement under the Uniform Interstate Family Support Act. Exempts corporations, contract provisions, common law of England and tribal court determinations. Approved by House Judiciary Committee 2/21/13.

Indiana SB 460 Prohibits the enforcement of a foreign law (defined as a law, rule, or legal code or system established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Constitution of the State of Indiana or the Constitution of the United States. Provides that a provision in a contract or agreement that calls for the application of foreign law is void if the provision cannot be modified, unless the contract explicitly states that it will be interpreted in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party. Approved by Senate Judiciary Committee 2/21/13.

Kansas SCR 1608 (Constitutional Amendment) Specifies "The financing of the educational interests of the state is exclusively a legislative power under article 2 of the constitution of the state of Kansas and as such shall be established solely by the legislature." Approved by full Senate 2/20/13.

Qualification & Terms: Newly Introduced

Pennsylvania HB 79 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 75. In House Judiciary Committee.

Qualification & Terms: Floor and Committee Activity

Arizona HB 2466 Requires all judges receive training in posttraumatic stress disorder, including specific information on active and nonactive duty military personnel suffering from posttraumatic stress disorder. Rejected by House Public Safety, Military and Regulatory Affairs Committee 2/20/13.

Oklahoma SJR 24 (Constitutional Amendment) Limits judges to 20 years in office. Provides new limit is prospective. Approved by Senate Rules Committee 2/20/13.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

New Hampshire HB 605 Requires supreme court to adopt rules of evidence for the judicial branch family division. Rejected by full House 2/20/13.

Virginia SB 753 Requires the Executive Secretary of the Supreme Court to establish and require magistrates be available for performing certain duties related to issuing temporary detention orders (currently chief judge of each district court responsible). Approved by full House 2/20/13. To Governor for approval.

Salary & Budget: Newly Introduced

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. Requires the trial court to clearly demonstrate that the contract will result in actual overall cost savings to the trial court for the duration of the entire contract as compared with the trial court's actual costs of providing the same services. Requires a contract for services in excess of $100,000 annually to include specific, measurable performance standards and provisions for audits on performance and cost savings, as specified. In House (no committee).

Alabama HB 332 Provides all court costs and docket fees must revert to General Fund. Prohibits courts from waiving, setting aside, or otherwise failing to collect any court cost or docket fee. In House Judiciary Committee.

Connecticut HB 6448 Repeals outdated probate fee schedules. In Joint Committee on Judiciary.

Illinois HB 2327 Authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15). In House Counties & Townships Committee.

Illinois HB 2505 Provides that unless an amount or percentage is otherwise provided by statute, for fines, fees, and costs collected and disbursed by the Circuit Court Clerk pursuant to statute, the county board may require the Circuit Court Clerk in its county to retain not less than 1% nor more than 5% for deposit in the Circuit Court Clerk Operation and Administrative Fund. Provides that for funds held in trust by the Circuit Court Clerk pursuant to statute or court order, except for bail bond or child support payment amounts, the county board may require the Circuit Court Clerk in its county to retain not less than 1% nor more than 5% for deposit in the Circuit Court Clerk Operation and Administrative Fund. In House Rules Committee.

Illinois SB 1768 Allows Supreme Court to set additional filing and other fees to pay for e-filing and electronic case management systems and to pay for Supreme Court established committees and commissions. In Senate Judiciary Committee.

Kansas HB 2377 Extends the authority for the current Judicial Branch surcharge for two additional years, through July 1, 2015. In House Appropriations Committee.

Kansas SB 218 Extends current Judicial Branch surcharge for two additional years, through July 1, 2015. Removes the percentage split mechanism through which a portion of docket fees is credited to a number of state funds. Balance would instead be deposited in the Judicial Branch Docket Fee Fund which the bill creates. In Senate Ways & Means Committee.

South Carolina HB 3565 Requires the state auditor conduct audits or clerks of courts and others in cooperation with entities that receive court fees. In House Judiciary Committee.

Texas HB 1448 Provides justice court technology fund may be used for education of constables and purchase of technology enchantments for constables. In House Judiciary Committee.

Texas HB 1513 Allows counties to charge up to $10 (now up to $5) district court records archive fee. In House Judiciary Committee.

Texas HB 1530 Modifies numerous laws related to court fees collected by county clerks or district clerks. In House Criminal Jurisprudence Committee.

Washington HB 1961 Extends the expiration date for surcharges on court filing fees that are deposited into the Judicial Stabilization Trust Account until July 1, 2015. In House Appropriations Committee.

West Virginia HB 2549 Increases salaries of those magistrates and their staffs whose salaries were reduced as a result of the 2010 census to precensus amounts. In House Judiciary Committee.

West Virginia HB 2552 Exempts magistrates and municipal court judges from the requirement of having a license to carry a concealed weapon. In House Judiciary Committee.

West Virginia SB 210 Removes two-tier system for paying magistrates, magistrate assistants and magistrate court clerks and provides all such officers to be paid same regardless of county size. In Senate Judiciary Committee.

West Virginia SB 331 Permits Courthouse Facilities Improvement Authority to issue bonds In Senate Government Organization Committee.

Wisconsin AB 22 Increases maximum court fees assessed for ordinance violations in municipal courts from $28 to $38. In Assembly Judiciary Committee.

Wisconsin SB 15 Increases maximum court fees assessed for ordinance violations in municipal courts from $28 to $38. In Senate Judiciary Committee.

Salary & Budget: Floor and Committee Activity

Arizona HB 2294 Changes laws regarding full time court commissioners in Superior Court eligibility to enter state retirement system. Approved by House Insurance and Retirement Committee 2/19/13.

Arkansas SB 307 Revises various statutes related to state's Administrative of Justice Fund. Approved by Senate Judiciary Committee 2/20/13.

Georgia SB 142 Provides Georgia Judicial Retirement System board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law. Provides that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age. Approved by Senate Retirement Committee 2/22/13.

Hawaii HB 1342 Allows the Department of Taxation, the University of Hawaii, and the Judiciary to contract with a collection agency to collect on delinquent accounts. Approved by House Finance Committee 2/20/13.

Idaho HB 103 Makes temporary emergency surcharge on court fees/files permanent. Approved by House Judiciary, Rules, & Administration Committee 2/22/13.

Indiana HB 1393 Establishes the judicial technology oversight committee (committee) to: (1) conduct a continuous study of information technology applications for Indiana's judicial system; (2) develop a long range strategy for technology and automation in Indiana's judicial system; and (3) make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts. Increases the automated record keeping fee from $5 to $10 for all civil, criminal, infraction, and ordinance violation actions with certain exceptions. Provides that the automated record keeping fee is $5 for all civil, criminal, infraction, and ordinance violation actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement. Approved by House Ways & Means Committee 2/18/13.

Indiana SB 527 Urges the legislative council to assign to the pension management oversight commission the task of studying the retirement, disability, and death benefits currently provided to judges and full-time magistrates. Approved by Senate Committee on Pensions and 2/21/13.

Maryland HB 190 Increases court costs in District Court traffic and criminal cases: $3 for District Court Electronic Citation Fund and $2 for arresting law enforcement agency for a specified purpose. Rejected by House Judiciary Committee 2/18/13.

Montana SB 322 Provides counties need only provide Justice Courts the "minimally required" resources to operate. Rejected by Senate Local Government Committee 2/22/13.

New Hampshire HB 652 Increases court filing fees and increases the percentage of such fees to be deposited in the judicial branch information technology fund. Approved by House Judiciary Committee 2/19/13. Approved by full House 2/20/13.

New Mexico HB 169 Adds a new tier of benefit structure for new members of the Judicial Retirement Act (JRA) and the Magistrate Retirement Act (MRA). Approved by House Appropriations and Finance Committee 2/22/13.

New Mexico HB 95 Adds a new tier of benefit structure for new members of the Judicial Retirement Act (JRA) and the Magistrate Retirement Act (MRA). Approved by House Appropriations and Finance Committee 2/22/13.

New Mexico SB 391 Provides for increasing judicial salaries based on tenure. Approved by Senate Finance Committee 2/20/13.

North Dakota SB 2078 AS AMENDED: Directs legislative management study of the assessment of fees by courts, the feasibility and desirability of combining various court fees, and whether courts should be mandated to impose fees established by statute. Approved by full Senate 2/18/13.

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 Senate Jurisprudence Committee 2/20/13.

Washington HB 1542 Requires courts to appoint a certified or registered interpreter at public expense in all legal proceedings in which a non-English-speaking person is a party or is compelled to appear. Requires the state to pay 50 percent of the cost of interpreters beginning in January 2017. Requires courts to track and provide interpreter cost and usage data annually to the Administrative Office of the Courts. Approved by House Judiciary Committee 2/19/13.

West Virginia HB 2434 Removes two-tier system for paying magistrates, magistrate assistants and magistrate court clerks and provides all such officers to be paid same regardless of county size. Approved by full House 2/20/13.

Selection: Newly Introduced

Georgia SB 184 Converts all nonpartisan judicial and other elections into partisan ones. In Senate Ethics Committee.

Kentucky HB 427 Prohibits a judge acting as a Senior Status Special Judge from becoming a candidate for any elected office during the 5-year term prescribed in KRS 21.580 regardless of the number of days served by the judge acting as a Senior Status Special Judge. In House Elections, Constitutional Amendments, and Intergovernmental Affairs Committee.

Maine HB 369 Requires Probate Judges, Registers of Probate and Registers of Deeds be appointed (currently elected in partisan elections). In Joint Committee on Judiciary.

Minnesota SB 562 (Constitutional Amendment) Requires judges and others be elected by majority of all votes cast (ends winning-by-plurality). In Senate Rules Committee.

West Virginia HB 2479 Requires nonpartisan election for supreme court and circuit court. In House Judiciary Committee.

West Virginia SB 7 Requires elections for supreme court be nonpartisan. In Senate Judiciary Committee.

West Virginia HB 2568 Authorizes nonbinding referendum to go before voters in 2014 on whether judges be elected on nonpartisan ballots. In House Constitutional Revision Committee.

Selection: Floor and Committee Activity

Kentucky HB 31 Establishes clean judicial elections fund for use in races for Supreme Court. Provides for funding via income tax designation & voluntary contributions. Approved by House Judiciary Committee 2/21/13.

North Dakota SB 2299 Expands various campaign finance laws, in particular those related to political committees, to judicial races. Approved by full Senate 2/19/13.

Oklahoma SB 99 Provides for nonpartisan election for court clerks and other county officers. Rejected by Senate Rules Committee 2/20/13.

Oklahoma SJR 21 (Constitutional Amendment) Ends states merit selection system. Allows governor to appoint any qualified person. Prior to submission to senate, allows judicial nominating commission to make advisory recommendation. Provides recommendation to be sent to Senate and Senate to confirm nominee. Approved by Senate Rules Committee 2/20/13.

Oklahoma SJR 22 (Constitutional Amendment) Allows governor to appoint chief justice (currently, chief justice is chosen by court). Approved by Senate Rules Committee 2/20/13.

South Dakota HB 1072 Repeals certain provisions providing a criminal penalty for a political party to endorse or nominate a judicial candidate. Approved by full Senate 2/21/13. To Governor for approval.

South Dakota SB 198 Adds two members to Judicial Qualifications Commission chosen by House and Senate leaders. (JQC serves as merit selection commission for supreme court). Approved by full Senate 2/13/13.

Tennessee HB 796 ORIGINAL: Extends the judicial nominating commission until June 30, 2013. AMENDED: Extends the judicial nominating commission until June 30, 2014. Approved as amended by full House 2/21/13.

Washington HB 1474 For judicial and other nonpartisan elections where only 2 candidates are up for office, provides contest is to occur at general election (currently decided at primary election). Approved by House Government Operations & Elections Committee 2/19/13.

Structure Changes: Newly Introduced

Arkansas HB 1263 Repeals provisions automatically converting local district courts into state districts courts. In House Judiciary Committee.

Kentucky HB 391 (Constitutional Amendment) Gives Chief Justice power to redistribute resources of the judicial branch to reflect workload and to draw Circuit and District Court judicial districts every ten years. In House Elections, Constitutional Amendments, and Intergovernmental Affairs Committee.

Pennsylvania HB 716 Provides that domestic relations matters are to be settled using a procedure set by the legislature. Requires courts create family resource centers. Requires judges, family law masters, and mediators receive training in domestic relations as specified in statute. In House Children & Youth Committee.

Pennsylvania HB 717 (Constitutional Amendment) Provides that domestic relations matters are to be settled using a procedure set by the legislature. Requires courts create family resource centers. Requires judges, family law masters, and mediators receive training in domestic relations as specified in statute. In House Children & Youth Committee.

Structure Changes: Floor and Committee Activity

NONE

Other: Newly Introduced

Hawaii HB 1137 Requires the Judiciary to establish a complaint process regarding a child custody evaluator appointed by the court. In House Human Services Committee.

Illinois SB 1679 Includes court security officers in the definition of "law enforcement officer" for line of duty compensation act purposes. In Senate State Government and Veterans Affairs Committee.

Illinois SB 1748 Includes court security officers in the definition of "law enforcement officer" for line of duty compensation act purposes. In Senate State Government and Veterans Affairs Committee.

Kentucky HB 410 Urges the Supreme Court to consider certification of necessity and appointment of additional trial commissioners to hear forcible entry and detainer cases. In House Judiciary Committee.

Kentucky HR 118 Commends the Kentucky Administrative Office of the Courts for establishing a veterans' court to provide support for veterans as they interact with the court system. On House floor.

Massachusetts HB 1305 Increases penalties for assaults on court owned or operate property, disruption of court proceedings, or threats made against judges or court employees/staff. In Joint Committee on the Judiciary.

Massachusetts SB 677 Repeals provision that no district court judge sitting in a jury part shall act in a case in which he has sat or held an inquest or otherwise taken part in any proceeding therein. In Joint Committee on Judiciary.

Massachusetts SB 717 Expands judiciary's management advisory board to include 1 elected clerk of the court chosen by the superior court clerk’s association and 1 district court clerk chosen by the district court clerk’s association. In Joint Committee on Judiciary.

Minnesota HB 48 Prohibits Supreme Court from issuing writs of mandamus to Department of Natural Resources or the Pollution Control Agency. In House Civil Law Committee.

New York AB 5015 Designates court attendants in town courts as peace officers. In Assembly Codes Committee.

South Carolina SB 405 Provides judiciary and not state ethics commission to handle complaints against administrative law judges for possible violations of the Code of Judicial Conduct in the same manner as complaints against other judges. In Senate Judiciary Committee.

Washington SB 5797 Legislature respectfully encourages the supreme court to adopt any administrative orders and court rules of practice and procedure it deems necessary to support the establishment of effective specialty courts. In Senate Law & Justice Committee.

Alabama HB 329 Extends existing law regarding disclosure of personal information of select state government employee to all state and local government employees of the criminal justice sector, including judges. In House Public Safety and Homeland Security Committee.

Alabama SB 243 Repeals provision that prohibits use of audio recording as record in certain district court proceedings. In Senate Judiciary Committee.

Arkansas SB 411 Repeals requirement that state AOC develop web-based mandated reporter training curriculum. In Senate Public Health, Welfare and Labor Committee.

California SB 406 Exempts Indian tribal judgments from the Uniform Foreign-Country Money Judgments Recognition Act. Enacts Tribal Court Civil Judgment Act, which provides enforceability of all civil tribal judgments, except as specified. Prescribes the procedure for applying for recognition and entry of a judgment based on a tribal court judgment, the procedure and grounds for objecting to the entry of judgment, and the bases upon which the court may refuse to enter the judgment or grant a stay of enforcement. Requires the Judicial Council to prescribe a form for the notice of filing the application for recognition of the tribal court judgment, as specified. In Senate Rules Committee.

Connecticut HB 6446 Requires a person to pass a written examination prepared by the Judicial Department in order to be hired for or promoted to a supervisory judicial marshal position. In Joint Committee on Judiciary.

Other: Floor and Committee Activity

Alabama SB 64 Provides courts authorized to contract with certain private entities to provide probation services for certain offenses. Approved as amended by Senate Judiciary Committee 2/21/13.

Arkansas HB 1325 Repeals existing statute related to court interpretation and replaces with new process for appointment, certification, and regulation of interpreters. Approved by House Judiciary Committee 2/19/13. Approved by full House 2/21/13.

Arkansas SB 331 Prohibits judges from serving as lobbyists with respect to any administrative matter they were involved in while serving as a judge. Approved by Senate Committee on State Agencies and Governmental Affairs 2/19/13. Approved by full Senate 2/20/13.

Indiana HB 1411 Creates the circuit and superior court staff attorney pilot program to provide assistance to courts with preparing orders for complex motions. Requires the judicial center to administer the pilot program and to report to the commission on courts concerning the pilot program. Requires the commission to receive reports concerning the pilot program, and allows the commission to make recommendations and to propose legislation concerning the pilot program. Approved by full House 2/19/13.

Kentucky HB 342 Requires new or updated software utilized by the Administrative Office of the Courts to allow felony cases to be redesignated as misdemeanor cases when the case concludes with no felony conviction Approved by House Judiciary Committee 2/20/13. Approved by House Rules Committee 2/21/13.

Michigan HB 4064 Delete numerous provisions pertaining to judicial records. Requires the State Court Administrative Office to establish and maintain records management policies and procedures for all courts, including a records retention and disposal schedule, in accordance with Supreme Court rules. Allows but not require a court to provide "enhanced access" and to charge a reasonable fee, as established by the Supreme Court, for providing that access. Approved by House Judiciary Committee 2/21/13.

New Hampshire HB 296 Requires the administrative judge for the circuit court to designate a judge for each circuit court location to serve as a liaison to the communities served by that location. Rejected by Full House 2/20/13.

Oklahoma SB 908 Provides Chief Justice is authorized to accept a gift on behalf of the state presented to the judiciary. Approved by Senate Rules Committee 2/20/13.

South Dakota SB 218 Authorizes Unified Judicial System to create program to assist rural counties in recruiting attorneys. Rejected by full Senate 2/20/13.

Virginia HB 1435 Directs Office of the Executive Secretary of the Supreme Court of Virginia contract with an independent entity such as the National Center for State Courts to study the feasibility and effect of implementing a senior judge system for the circuit and district courts of the Commonwealth. (Full disclosure: Gavel to Gavel is a product of the National Center for State Courts). Approved by full Senate 2/20/13. To Governor for approval.

Washington HB 1653 Provides assault of a person in a courthouse, courtroom or building associated with court proceedings is a class C felony. Approved by House Public Safety Committee 2/21/13.

Washington SB 5452 Provides for enhanced penalties for stalking a court employee, court clerk, or courthouse facilitator. Approved by Senate Human Services & Corrections Committee 2/21/13.

Washington SB 5484 Provides assault of a person in a courthouse, courtroom or building associated with court proceedings is a class C felony. Approved by Senate Law & Justice Committee 2/22/13.