Volume 8 Issue 12

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

Minnesota HB 3003 Requires judges be trained on information about the specific needs of child witnesses during testimony. In House Judiciary Committee.

Minnesota HB 3047 Requires judges swear oath before each judicial proceeding. In House Judiciary Committee

Minnesota SB 2585 Requires judges be trained on information about the specific needs of child witnesses during testimony. In Senate Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

NONE

Rule Making Authority: Newly Introduced

Connecticut SB 456 Authorizes the Supreme Court to adopt the Connecticut Code of Evidence. In Joint Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

California AB 1773 Requires Judicial Council report semiannually on all new contracts and complete history of amended contracts during reporting period. In Assembly (no committee).

Minnesota HB 3012 Provides court interpreter back pay and compensation adjustments. In House Judiciary Committee.

Minnesota HB 2827 Alters computation of benefits for Minnesota Judges' Retirement Plan. In House Government Operations Committee.

Salary and Budget: Floor and Committee Activity

Georgia HB 292 Sets maximum average final monthly compensation from Magistrates Retirement Fund of Georgia. Approved by full Senate 3/10/14.

Georgia HB 580 Provides for additional or partial retirement benefits under Superior Court Clerks' Retirement Fund. Makes other changes regarding spousal benefits. Approved by Senate Retirement Committee 3/12/14.

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 Senate Retirement Committee 3/12/14.

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 Senate Judiciary Committee 3/11/14.

Hawaii SB 2082 Authorizes additional land court fees to be established by court or administrative rule. Approved by House Ways & Means Committee 3/13/14.

Idaho HB 509 Increases civil filing fees to pay for new case management system with funds to go into renamed Court Technology Fund. Approved by full Senate 3/14/14. To Governor for approval.

Idaho SB 1394 Provides salaries increases for all judges in state: magistrate 2.5% and district 8.5%. In FY 2015 court of appeals 7.5% and supreme court 10.7%. In FY 17 supreme court 3.6%. Approved by full Senate 3/12/14.

Kentucky HB 182 (Constitutional Amendment) Creates independent state salary commission to set salaries for state elected officials including all judges. Allows voters to collect signatures to challenge and overturn any salary increases. Approved by House Elections, Const. Amendments & Intergovernmental Affairs Committee 3/11/14.

Maryland HB 108 Requires the State Court Administrator and Chief Judge of the District Court to assess surcharges in specified cases to be deposited in the Circuit Court Real Property Records Improvement Fund. Rejected by House Judiciary Committee 3/10/14.

Maryland SB 540 Requires the Court of Appeals to allow an applicant to the Bar or a lawyer to use a credit or debit card to pay specified fees. Authorizes Court of Appeals to charge a processing fee for each credit or debit card payment not exceeding the actual cost incurred in processing the credit or debit card payment. Rejected by Senate Judicial Proceedings Committee 3/10/14.

Utah HB 404 Increases court security fee from $8 to $13. Approved by full Senate 3/13/14. To Governor for approval.

Selection: Newly Introduced

Wisconsin SJR 86 (Constitutional Amendment) Provides for merit selection system for supreme court. Provides commission, to be set by statute, to submit 5 names to governor for selection. In Senate Government Operations Committee.

Selection: Floor and Committee Activity

Alabama HB 543 ORIGINAL: Provides rebuttable presumption of judicial recusal where party, attorney, or law firm in case gave 25% of all contributions to judge's campaign. AMENDED: Replaces threshold with sliding scale: 10% for statewide appellate races, 15% for circuit court, 25% for district court Approved as amended by House full House 3/13/14.

Alabama SB 440 Provides rebuttable presumption of judicial recusal where party, attorney, or law firm in case gave 25% of all contributions to judge's campaign. Approved by Senate Judiciary Committee 3/13/14.

Alaska HJR 33 (Constitutional Amendment) Expands Judicial Council, which serves as merit selection commission, from 7 to 10: 3 attorneys, 6 non-attorneys picked by governor, chief justice. Requires all members be confirmed by legislature (currently only non-attorney members must be confirmed). Approved by House Judiciary Committee 3/14/14.

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 Finance Committee 3/12/14.

Florida SJR 1188 (Constitutional Amendment) Allows governor to fill "prospective" vacancies in courts via state's merit selection system. Approved by Senate Judiciary Committee 3/11/14.

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 Senate Judiciary Committee 3/11/14.

Indiana HB 1318 Provides that a candidate for a local judicial office is not required to file a statement of economic interests.  Conference committee report approved by House and Senate 3/13/14. To Governor for signature.

Iowa SB 2313 Permits the chief judge to remove clerks of the district court for cause (currently require vote of all judges). Approved by Senate Judiciary Committee 3/11/14.

Oklahoma SB 1988 Vacates all current judicial nomination committee members selected by Oklahoma State bar. Removes Oklahoma Bar's power to name attorney members to judicial nominating commissions. Provides House and Senate leaders to name attorney members. Approved by full Senate 3/12/14.

Tennessee HB 1767 Requires all appellate judges be elected via contested elections unless November 2014 constitutional amendment providing for different system approved by voters. Failed for lack of second in House Civil Justice Subcommittee 3/12/14.

Utah HB 325 Expands state's judicial performance program to Justice Court judges. Approved by full Senate 3/12/14. To Governor for approval.

Utah SB 248 For retention elections, requires judges file declaration of candidacy between April 1 and April 15 of election year. Senate concurs with House amendment 3/13/14. To Governor for approval.

Structure Changes: Newly Introduced

Alabama HJR 325 Creates committee to study creation of Business Litigation and Complex Litigation Court. In House Rules Committee.

Hawaii HCR 209 Requests study by judiciary of creation environmental court divisions. In House (no committee).

Hawaii HR 164 Requests study by judiciary of creation environmental court divisions. In House (no committee).

Minnesota SB 2548 Requires (currently supreme court may) supreme court create panel of current and retired trial judges to preside over commitment proceedings of sexually dangerous persons. In Senate Health, Human Services and Housing 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 Senate Judiciary Committee 3/10/14.

Georgia SB 320 Creates veterans court divisions in any court with criminal jurisdiction. Approved by full House 3/11/14. To Governor for approval

Hawaii SB 632 Establishes environmental courts as divisions within the circuit courts. Approved by House Energy & Environmental Protection Committee 3/11/14.

Kentucky SB 72 ORIGINAL: Requires the Supreme Court to analyze and propose adjustments to the Commonwealth's judicial circuits and districts and the judicial assignments therein to account for population changes in the same years as legislative redistricting is required. AMENDED: Same, but requires examination of caseload as well. Approved by as amended by Senate State & Local Government Committee 3/12/14.

Oklahoma HB 2686 Provides where there is a challenge to a state statute as being unconstitutional, the District Court is to sit as a three judge panel. Approved by full House 3/10/14.

Other: Newly Introduced

NONE

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 House Judiciary Committee 3/13/14.

Florida SB 828 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 Senate Judiciary Committee 3/11/14.

Florida SB 846 Specifies the applicability of certain provisions of the Code of Ethics for Public Officers and Employees to members of the executive council of the Florida Clerks of Court Operations Corporation. Approved by Senate Appropriations Committee 3/13/14.

Georgia HB 60 Modifies laws related to active and retired judges carry firearms in courthouses. Approved with Senate amendment by full Senate 3/10/14.

Georgia HB 985 Prohibits filing false liens on judges and other public officials. Approved by full Senate 3/10/14. To Governor for approval.

Georgia SB 386 AS AMENDED: Prohibits the public disclosure of social security numbers, taxpayer identification numbers, and financial account numbers in court documents. Provides exception for filings dealing with garnishment, civil forfeiture, official records of another court, tribunal, or agency, probate court filings, and anything filed under seal as specified. Approved by as amended by House Judiciary Committee 3/11/14.

Idaho SB 1356 Enacts Uniform Electronic Legal Material Act. Provides for official publication of decisions of the Supreme Court and Court of Appeals. Approved by full Senate 3/10/14. Approved by House State Affairs Committee 3/14/14.

Indiana HB 1347 Eliminates the requirement that the clerk attend court proceedings. Directs study of small claims court administration by interim committee Conference committee report approved by House and Senate 3/13/14. 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 full Senate 3/12/14.

Louisiana HB 752 Expands the crime of filing a false lien against a law enforcement or court officer to include liens against any clerk of court, recorder of mortgages, and their deputies Approved by House Administration of Criminal Justice Committee 3/12/14.

Minnesota HB 2668 Eliminates requirement that court seal be a raised seal. Provides that court documents are signed under penalty of perjury. Approved by House Civil Law Committee 3/12/14.

Minnesota HB 2687 Repeals law requiring judge render decisions within 90 days or forfeit salary. Provides 90 day deadline requirement to be enforced by chief judge initially rather that via judicial disciplinary board. Provides determinations of compliance to occur on a monthly basis. Approved by House Judiciary Committee 3/12/14.

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 full House 3/13/14.

New Hampshire SB 249 Removes the requirement that the annual report on judicial performance evaluations include evaluation results for each judge evaluated. Approved by House Judiciary Committee 3/14/14.

Ohio HB 261 Abolishes the office of the Court of Claims commissioner. Transfers the functions with regards to awards of reparations from the Court of Claims commissioners or a single judge of the Court of Claims to the Court. Authorizes the Chief Justice of the Supreme Court to appoint magistrates (rather than referees) in civil actions in the Court of Claims and authorizes a magistrate to disclose or refer to certain records or reports otherwise exempt from public disclosure in reparations hearings. Changes the basis of the per diem compensation of a retired judge who serves on the Court of Claims from the annual compensation of a court of appeals judge to the annual compensation of a court of common pleas judge. Eliminates the requirements and procedure for filing an affidavit of disqualification for a judge of municipal or county court and instead includes the disqualification of a judge of a municipal or county court or a judge of the Court of Claims within the requirements and procedure for filing an affidavit of disqualification for a judge of the court of common pleas, a probate judge, or a judge of the court of appeals. Approved as amended by Senate Civil Justice Committee 3/12/14.

Utah HB 188 Specifies that the state court administrator shall enter into a contract with the sheriff and pay the costs for bailiffs and building security officers. Removes the legislative cap on amounts paid for that purpose. Shifts responsibility from the counties to the state court administrator for costs related to security administration, supervision, travel, equipment, and training bailiffs. Approved by full House 3/10/14. To Governor for approval.

Utah SB 93 Requires Office of the Court Administrator establish an internal audit program for courts not of record. Approved with House amendment by full House 3/13/14. Senate concurs with House amendment. To Governor for approval.

Utah SB 110 Requires the Administrative Office of the Courts to provide a listing of forms and proceedings available to pro se litigants on the Online Court Assistance Program website. Approved by full House 3/13/14. To Governor for approval.