Volume 8 Issue 10

Indicates featured legislation

Jurisdiction: Newly Introduced

Louisiana HB 335 Prohibits state courts from upholding or enforcing any provision of the Patient Protection and Affordable Care Act of 2010. In House Health and Welfare Committee.

Louisiana SB 226 (Constitutional Amendment) Provides that the district court has original jurisdiction to hear workers' compensation cases. In Senate Judiciary A Committee.

Jurisdiction: Floor and Committee Activity

Missouri HB 1439 Provides it is state court's duty to protect 2nd Amendment rights of those in Missouri and prohibits them from enforcing or upholding any federal law or executive order in violation of 2nd Amendment. Removes official and qualified immunity from any judge who enforces such laws or executive orders. Approved by House General Laws Committee 2/20/14.

Oklahoma SB 1897 Sets mandatory retirement age for all judges based on formula: sum of years of service as judge + age = 80. Approved by Senate Pensions Committee 2/24/14.

Oregon SJR 203 (Constitutional Amendment) Rescinds SJR 34 of 2013. 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 any public university for the purpose of teaching, and the employment does not prevent the person from serving as a judge. Also allows school employees to serve in state legislature. Approved by full House 2/28/14. To appear on 2014 ballot.

Virginia SB 170 AS AMENDED: Increases the mandatory judicial retirement age from 70 to 73. Tabled by House Appropriations subcommittee 2/27/14.

Qualifications and Terms: Newly Introduced

Minnesota HB 2269 Increases mandatory judicial retirement from 70 to 72. In House Judiciary Committee.

Minnesota SB 1420 Increases mandatory judicial retirement from 70 to 72. In Senate Judiciary Committee

Qualifications and Terms: Floor and Committee Activity

Mississippi HB 222 Requires municipal court judge in municipalities between 10,000 and 20,000 people be an attorney. Specifically provides the mayor or mayor pro tempore shall not serve as a municipal judge. Approved by Senate Judiciary A Committee 2/25/14.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Virginia HB 1038 ORIGINAL: Provides that no scheduled hearing or trial by jury shall be removed from any district court or circuit court docket for failure to comply with any local rule prescribed by a district or circuit court. AMENDED: Provides no civil matter shall be dismissed with prejudice by any district or circuit court for failure to comply with any rule created under this section. Approved as amended by full Senate 2/26/14. To Governor for approval.

Salary and Budget: Newly Introduced

Illinois HB 5889 Allows counties between 500,000 and 700,000 to enact $30 court facilities fee. In House Counties & Townships Committee.

Utah HB 404 Increases court security fee from $8 to $13. In House Law Enforcement and Criminal Justice Committee.

Salary and Budget: Floor and Committee Activity

Alabama SB 113 ORIGINAL: Requires circuit and district courts accept credit cards, charge cards, and debit cards for payment. AS AMENDED: Allows circuit and district courts accept credit cards, charge cards, and debit cards for payment. Approved as amended by House Ways & Means Committee 2/26/14.

Georgia HB 292 Sets maximum average final monthly compensation from Magistrates Retirement Fund of Georgia. Approved by full House 2/24/14.

Georgia HB 601 Restricts and repeals an automatic cost-of-living benefit increase of retirement benefits under Judges of the Probate Courts Retirement Fund. Provides for a portion of fines and forfeited bonds for criminal, quasi-criminal, and civil cases for violating state statutes or traffic laws be paid to the fund. Approved by full House 2/26/14.

Hawaii HB 1635 Requires the salary of the administrative director of the courts to be equal to the salary of the administrative director of the State and the salary of the deputy administrative director of the courts to be equal to ninety-five per cent of the salary of the administrative director of the courts. Approved by full House 2/27/14.

Idaho HB 509 Creates increase in civil filing fees to pay for new case management system to be paid into renamed Court Technology Fund. Approved by House Judiciary Committee 2/28/14.

Illinois SB 3022 Extends until 2016 deadline for report from Statutory Court Fee Task Force. Approved by Senate Judiciary Committee 2/26/14.

Kansas HB 2338 ORIGINAL: Amends numerous docket fees. AS AMENDED: Appropriates $2 million in additional State General funds for the Judicial Branch in FY 2015. Increases docket fee revenue to the Judicial Branch. Removes power of supreme court to name chief judges of court of appeals and district courts. Removes supreme court's power over district court budgets. Provides allocating a budget for each judicial district court with chief judge to have the authority to expend funds as necessary. Allows for delay in filling judicial vacancies for up to 120 days. Deletes statutory requirement for the payment of longevity to Judicial Branch non-judicial staff. Provisions of bill are non-severable; if courts find any portion unconstitutional entire bill including funding voided. Approved as amended by Senate Ways & Means Committee 2/28/14.

Kansas HB 2651 Allows the Board of Trustees of a county law library to authorize the chief judge of the judicial district to use fees collected pursuant to the statute governing the establishment of county law libraries for the purpose of facilitating and enhancing functions of the district court of the county. Approved by full House 2/27/14.

Kansas SB 364 ORIGINAL: Removes supreme court's power over district court budgets. Provides allocating a budget for each judicial district court with chief judge to have the authority to expend funds as necessary. AS AMENDED: Allows district to opt-in to such a program. Approved as amended by Senate Judiciary Committee 2/25/14.

Maine SB 263 ORIGINAL: Implements recommendations of the Judicial Compensation Commission. AS AMENDED: Replaces the Judicial Compensation Commission’s recommendations with a 2% adjustment for fiscal year 2014-15, in addition to the 3% adjustments for fiscal year 2013-14 and 2014-15 previously enacted. Approved as amended by full Senate 2/25/14. To Governor for approval.

Mississippi HB 579 Creates Court Collections Fund to assist courts in recovering debts owed to them. Provides program to be paid for via $15 fee assessed on convictions in misdemeanor cases. Approved with Senate amendment by Senate Judiciary A Committee 2/25/14.

Mississippi HB 67 Allows special judges appointed to serve on emergency basis to receive up to 50% of the annual salary of a regular judge of the same court (currently limited to 25%). Approved by Senate Judiciary A Committee 2/25/14.

Oregon HB 4111 Establishes Infrastructure Innovation Oregon as public advisory agency responsible for developing policy and programs in area of performance-based public infrastructure projects and providing consultation and services to units of government with respect to public infrastructure projects. Defines "public infrastructure" to include "courts or other facilities necessary for the administration of justice". Approved by full Senate 2/25/14. To Governor for approval.

Tennessee HB 1401 Authorizes court clerks to retain fifty percent of the fines, costs, or litigations taxes in default for six months or more which are collected using an in-house collection procedure. Approved by House Civil Justice Subcommittee 2/26/14.

Virginia HB 10 Modifies annual retirement allowance of any person who has served as a judge but retires under a different defined benefit retirement plan. Clarifies that only those persons who retired as a judge or justice may serve as a senior jurist on the Supreme Court or the Court of Appeals.  Approved with Senate amendment by full Senate 2/28/14. To House to concur with amendment.

Wyoming SB 14 Creates court security assistance fund under the control of the Supreme Court & its court security commission to disburse funds to localities as a supplement but not a replacement for county funding of court security. Appropriates $10,000,000 to fund. Approved by House Appropriations Committee 2/27/14.

Selection: Newly Introduced

Alabama HB 543 Provides rebuttable presumption of judicial recusal where party, attorney, or law firm in case gave 25% of all contributions to judge's campaign. In House Constitution, Campaigns and Elections Committee.

Florida SJR 1188 (Constitutional Amendment) Allows governor to fill "prospective" vacancies in courts via state's merit selection system. In Senate Judiciary Committee.

Kansas SB 417 Reestablishes merit selection for court of appeals. In Senate Judiciary Committee.

Vermont HB 866 Requires Judicial Bureau judges be appointed and retained exactly as other judges are. Requires all judicial officers be and remain residents of Vermont. Specifies various Judicial Nominating Board documents are to be made public. Specifies criteria Board is to look at in recommending judicial nominees. In House Judiciary Committee.

Selection: Floor and Committee Activity

Alaska SJR 21 (Constitutional Amendment) ORIGINAL: Expands Judicial Council, which serves as merit selection commission, from 7 to 16. Provides governor to name majority of council members (10 out of 16). AS AMENDED: Expands Judicial Council from 7 to 10. Provides governor to name majority of council members (6 out of 10). Approved as amended by Senate Judiciary Committee 2/26/14.

Hawaii HB 420 (Constitutional Amendment) Requires the judicial selection commission to publicly disclose its list of nominees for appointment to the office of the chief justice, supreme court, intermediate appellate court, circuit courts, or district courts concurrently with its presentation of that list to the governor or the chief justice. Approved by full House 2/27/14.

Indiana HB 1318 Provides that a candidate for a local judicial office is not required to file a statement of economic interests.  Approved by Senate Elections Committee 2/25/14.

Kansas HB 2612 Extends time frame to fill vacancies for district judge and district magistrate judge. Gives governor 60 days (currently 30) to fill vacancies via merit selection system in district courts. Approved by full House 2/27/14.

Kansas SB 365 Removes power of supreme court to name chief judges of court of appeals and district courts. Approved by Senate Judiciary Committee 2/25/14.

Oklahoma SB 1147 Requires special elections to fill vacancies in district courts. Approved by Senate Rules Committee 2/19/14.

Utah HB 325 Expands state's judicial performance program to Justice Court judges. Approved by full House 2/25/14.

Utah SB 248 For retention elections, requires judges file declaration of candidacy between April 1 and April 15 of election year. Approved by Senate Judiciary Committee 2/28/14.

Virginia HB 272 Provides judicial performance evaluation program reports are public records, but all other records created or maintained by or on behalf of the program are confidential. Approved by full Senate 2/27/14. To Governor for approval.

Structure Changes: Newly Introduced

Georgia SR 1053 Directs study of Court of Appeals workload for possible expansion from 12 to 15 judges. In Senate Judiciary Committee.

Louisiana SB 216 (Constitutional Amendment) Repeals provision that judge cannot be removed from office by creation or movement of judicial seat. Provides that were a judicial vacancy occurs, supreme court may reallocate OR may advise legislature and governor to abolish it outright. In Senate Judiciary A Committee.

Louisiana SB 217 Repeals provision that judge cannot be removed from office by creation or movement of judicial seat. Provides that were a judicial vacancy occurs, supreme court may reallocate OR may advise legislature and governor to abolish it outright. In Senate Judiciary A Committee.

Louisiana SB 271 Provides that the supreme court shall give written notice to the governor and legislature that a vacancy exists in the office of a judge. Provides vacancy is not to be filled if supreme court determines it is no longer needed. In Senate Governmental Affairs Committee.

Structure Changes: Floor and Committee Activity

Arizona HB 2457 Renames and revises authorization for homeless courts to allow for creation of homeless, veterans, or mental health courts in justice or municipal courts. Approved by full House 2/25/14.

Georgia SB 320 Creates veterans court divisions in any court with criminal jurisdiction. Approved by full Senate 2/24/14.

Indiana SB 160 Provides a new court with one or more new judges may not be established. Provides one or more new judges may not be added to an existing court unless the establishment of the new court and the addition of the new judges to an existing court are authorized by state law.  Approved by full House 2/27/14. To Governor for approval.

Mississippi SB 2474 Redistricts certain state trial courts. Approved by House Judiciary A Committee 2/25/14.

Missouri SB 614 Deletes references to defunct offices of Supreme Court and Court of Appeals Commissioners. Approved by full Senate 2/20/14.

Missouri SB 621 Reduced number of meetings of the state judicial conference to every two years (currently annual). Adds specific cross-references in law for comprehensive analysis of judicial resources. Approved by full Senate 2/20/14.

Missouri SJR 37 (Constitutional Amendment) Deletes references to defunct offices of Supreme Court and Court of Appeals Commissioners. Approved by Senate Judiciary Committee 2/24/14.

New Hampshire HB 1442 Authorizes any superior or circuit court to establish mental health courts. Approved by House Judiciary Committee 2/27/14.

Oklahoma HB 3169 Creates Oklahoma Court System Task Force to study the state court system and rewrite the laws in order to simplify and organize the courts in a more streamlined fashion. Approved as amended by Senate Judiciary Committee 2/26/14.

Utah HB 336 ORIGINAL: Creates Court System Task Force to review structure, jurisdiction, and organization of the court system. AMENDED: Same, but adds members to task force. Approved as amended by full House 2/27/14.

Washington HB 2556 Authorizes and encourages the establishment of therapeutic courts such as drug courts, veterans courts, and mental health courts. Approved by Senate Law and Justice Committee 2/28/14.

Other: Newly Introduced

California AB 2693 Prohibits a judge of a court of record from accepting employment with any individual, or public or private entity, for one year after the date of his or her retirement if the individual, or public or private entity, appeared before the judge in connection with any contested matter within one year prior to the date of the judge’s retirement. In Assembly (no committee).

California AB 2332 Requires, if a trial court intends to contract for services that are currently or customarily performed by trial court employees, that certain (unspecified) best practice requirements for responsible contracting apply. In Assembly (no committee).

Other: Floor and Committee Activity

Arizona SB 1266 Allows an elected or appointed judicial officer, under certain conditions, to carry a deadly weapon in the court facility where the judicial officer works. Approved as amended by full Senate 2/17/14.

Florida HB 7003 Repeals statutes providing for prohibition on the practice of law by a retired justice of the Supreme Court, appointment and duties of a Clerk of the Supreme Court, compensation of the Marshal of the Supreme Court, excluding retired judges practicing law from the Conference of Circuit Judges of Florida and requirement that circuit court judges attend and participate in such conference. Revises number of members of the Judicial Qualifications Commission to conform to requirements of the State Constitution. Approved by House Judiciary Committee 2/20/14.

Georgia HB 985 Prohibits filing false liens on judges and other public officials. Approved by full House 2/25/14.

Georgia HB 977 Requires all court filings have information such as social security numbers redacted or limited to last 4 digits. Approved by full House 2/25/14.

Georgia SB 386 Prohibits the public disclosure of social security numbers, taxpayer identification numbers, and financial account numbers in court documents. Approved by full Senate 2/26/14.

Georgia SR 986 Creates Senate Unified Courts Technology Study Committee to examine technologies used in the courts. Approved by Senate Science and Technology Committee 2/25/14.

Indiana SB 3 Increases punishment for batteries committed on judges. Allows judges to carry firearms in the same places and manner as law enforcement. Approved by full House 2/25/14. To Governor for approval.

Indiana SB 60 Urges study of representation of judges and payment of attorneys fees in judicial mandate actions. Approved by full House 2/27/14. To Governor for approval.

Kansas SB 334 AS AMENDED: Increases penalties for assaults on attorneys, judges and court services officers in the performance of their duties. Approved as amended by Senate Judiciary Committee 2/24/14.

Louisiana HB 430 Exempts from open records law employment-related information that may be used to identify judges' home telephones, addresses, and social security numbers. In House and Governmental Affairs Committee.

Mississippi HB 593 Requires Administrative Office of the Courts recommend uniform format for keeping youth court records. Approved by Senate Judiciary A Committee 2/25/14.

Mississippi HB 1185 Increases number of judges larger municipal courts may have.  Approved by Senate Judiciary A Committee 2/25/14.

New Hampshire HB 1452 Provides court must instruct criminal juries with the exact phrase: “The concept of jury nullification is well established in this country. If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.” Rejected by House JudiciaryCommittee 2/27/14.

Rhode Island HB 7604 Enacts Uniform Electronic Legal Material Act. Provides for official publication of decisions of the state courts and state court rules. In House Judiciary Committee.

Tennessee HB 1640 Extends the Tennessee board of judicial conduct to 2018. Approved by House Government Operations Committee 2/25/14.

Utah HB 16 Requires any nonconsensual common law document such a lien filed against a judge or public official must be followed by a suit in court to judge the validity of the lien/document. Provides of civil damages against person filing such a false document. Approved by full Senate 2/27/14. To Governor for approval.

Utah HB 251 Allows for use of electronic signatures if court based e-filing system in place. Approved by House Judiciary Committee 2/25/14.

Utah HB 279 Extends sunset date for Office of the Court Administrator to 2018. Approved by full House 2/25/14.

Utah SB 93 Requires Office of the Court Administrator establish an internal audit program for courts not of record. Approved by Senate Government Operations and Political Subdivisions Committee 2/25/14.

Virginia HB 161 Allows counsel and parties in a general district court to make recordings of proceedings by method other than tape recording. Approved by full Senate 2/24/14. To Governor for approval.

Virginia HB 143 Provides that documents required to be posted by a clerk on or at the front door of a courthouse or on a public bulletin board at a courthouse may instead be posted on the public government website of the locality served by the court.  Approved by full Senate 2/24/14. To Governor for approval.

Virginia HB 952 Provides that whenever a party in a civil action files a document with a court containing a social security number or other identification numbers party shall make reasonable efforts to redact all but the last four digits of such number. Provides failure to redact such information does not create private cause of action against the party or lawyer who filed the document or any court personnel, clerk, or other employees who received the document for filing. Approved by full Senate 2/24/14. To Governor for approval.

Virginia HB 1013 Permits the chief judge of a juvenile and domestic relations district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that the documents have been microfilmed or converted to an electronic format.  Approved by full Senate 2/24/14. To Governor for approval.

Virginia SB 435 Provides that circuit court clerks may keep an automated system in lieu of order books and land books as well as allow remote access to such system with regard to nonconfidential court records. Permits circuit court clerks to keep court records at a designated location outside of the clerk's office. Exempts instruments and records that are more than 100 years old from the prohibition against the clerks posting personal information on the Internet.  Approved by House Courts of Justice Committee 2/26/14.