Volume 8 Issue 13

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Florida HB 903 Bans court use of international or foreign law in dissolution proceedings and support enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act, and the Uniform Interstate Family Support Act. Exempts corporations, contract provisions, common law of England and tribal court determinations. Approved by House Judiciary Committee 3/18/14.

Georgia SB 341 AS AMENDED: Allows probate clerks who are attorneys for at least 5 years to exercise power of probate judge in uncontested matters. Senate concurs with House amendment 3/20/14. To Governor for approval.

Hawaii HB 1846 Increases the maximum claim amount that determines district court jurisdiction in civil cases from $25,000 to $40,000.  Approved by Senate Judiciary Committee 3/21/14.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Alabama SB 68 Authorizes a person who previously served as an appellate court judge to act as a private judge on a trial court. Allows a person who is serving as a private judge to be called to active duty status or accept appointment as a special or senior judge while also serving as a private judge. Approved by full Senate 3/20/14.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Kentucky SB 45 Provides state supreme court may by rule authorize a process allowing a search warrant to be applied for and issued electronically if the process meets the requirements of Section 10 of the Kentucky Constitution, requires the production of a paper copy of the warrant at the time it is served, and otherwise complies with any other requirements for search warrants generally, including those pertaining to their filing, execution, and return. Approved by House Judiciary Committee 3/19/14.

Kentucky SB 157 AS APPROVED BY SENATE: Requests that the Supreme Court establish a pilot project to permit participating courts to make specified juvenile proceedings presumptively open to the public, establish guidelines, and provide a mechanism for a participating court to close a specific hearing upon a finding of cause. Authorizes pilot projects to be established by the Chief Justice except prohibits a pilot project from being established in a judicial circuit or judicial district or division thereof where the local judge or county attorney objects. AS AMENDED BY ON HOUSE FLOOR: Removes dependency, neglect, and abuse cases and termination of parental rights cases from pilot project. Approved by House Judiciary Committee 3/17/14. House floor amendment approved 3/19/14.

Salary and Budget: Newly Introduced

Pennsylvania HB 2025 Discontinues fees allocated to Judicial Computer System Augmentation Account and redirects to State Police. In House Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Alabama SB 358 Requires the Administrative Director of Courts to provide a quarterly report containing the total amount of court costs, docket fees, fines, and other fees that each court waived or remitted during the quarter. Approved by full Senate 3/20/14.

Florida SB 264 Requires judicial branch report on every statute impacting the branch that has monetary value/amount written into the statute. Requires recommendations for increases to value/amount based on inflation. Withdrawn by sponsor 3/20/14.

Georgia HB 477 Provides for transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia. Approved by full Senate 3/18/14. To Governor for approval.

Georgia HB 580 Provides for additional or partial retirement benefits under Superior Court Clerks' Retirement Fund. Makes other changes regarding spousal benefits. Approved by full Senate 3/20/14. To Governor for approval.

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 Senate 3/20/14. To Governor for approval.

Georgia HB 1000 Creates setoff debt collection against state income tax refunds for debts owed to political subdivisions and courts. Conference committee report approved by House and Senate 3/20/14. To Governor for signature.

Hawaii SB 2082 Authorizes additional land court fees to be established by court or administrative rule. Approved by House Judiciary Committee 3/18/14.

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 House 3/19/14. To Governor for approval.

Selection: Newly Introduced

NONE

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 full Senate Judiciary Committee 3/19/14.

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 Senate 3/21/14. To appear on November 2014 ballot.

Vermont HB 866 AS AMENDED: Provides governor's appointments to Judicial Nominating Board cannot serve three *consecutive* terms. Allows application form for vacancies to be included in Board's rules and revised at Board's discretion. Specifies various Judicial Nominating Board documents are to be made public. Specifies criteria Board is to look at in recommending judicial nominees. Approved as amended by full House 3/20/14.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Alabama HJR 325 Creates committee to study creation of Business Litigation and Complex Litigation Court. Approved by full House 3/18/14.

Hawaii SB 632 Establishes environmental courts as divisions within the circuit courts. Approved by House Finance Committee 3/21/14.

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 full Senate 3/17/14.

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

Alabama SB 110 Repeals requirement that supreme court rules be published by Secretary of State in Acts of Alabama. Approved by full House 3/18/14. To Governor for approval.

Alabama SB 253 (Constitutional Amendment) Allows for impeachment of district court judges by Circuit Court, removes reference to impeachment of chancery court judges. Approved by full Senate 3/20/14.

Alabama SB 261 Allows for impeachment of district court judges, removes reference to impeachment of chancery court judges. Approved by full Senate 3/20/14.

Georgia HB 60 Modifies laws related to active and retired judges carrying firearms in courthouses. House concurs with Senate amendment 3/20/14. To Governor for approval.

Georgia HB 215 Requires clerk of court note date and time of receipt of documents filed. For superior court clerk offices with fewer than two employees, allows office to be open from at least 8am to noon and then from 1pm to 5 pm (currently must be continuously open 9-5). House concurs with Senate amendment 3/12/14. 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. Senate concurs with House amendment 3/20/14. To Governor for approval.

Georgia SR 986 Creates Senate Unified Courts Technology Study Committee to examine technologies used in the courts. Approved by full Senate 3/18/14. No further approvals required.

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 House 3/17/14. To Governor for approval.

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 full House 3/19/14.

Maryland HB 1292 Establishes collective bargaining rights for specified employees of the District Court of Maryland. Establishes State Judicial Employees Labor Relations Board. Approved by full House 3/17/14.

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 Civil Law Committee 3/20/14.

Minnesota SB 2195 Eliminates requirement that court seal be a raised seal. Provides that court documents are signed under penalty of perjury. Approved by Senate Judiciary Committee 3/17/14.

Minnesota SB 2718 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. In Senate Judiciary Committee.

New Hampshire HB 1122 ORIGINAL: Creates crime of filing false lien statements against judges, other public officials, and employees. AMENDED: Same, but provides where registrar believes lien is fraudulent document to be sent to county attorney or attorney general for review. Approved as amended by House Criminal Justice and Public Safety Committee 3/19/14.

New Hampshire HB 1565 Creates crime of filing false lien statements against judges, other public officials, and employees.  Tabled on House floor 3/19/14.

New Hampshire SB 249 Removes the requirement that the annual report on judicial performance evaluations include evaluation results for each judge evaluated. Approved by full House 3/19/14. To Governor for approval.

Tennessee HB 1520 Removes the requirement that judges must complete Peace Officers Standards and Training (POST) training in order to carry a firearm in the discharge of the judge's official duties. Approved by House Civil Justice Subcommittee 3/19/14.

Tennessee SB 1955 Removes the requirement that judges must complete Peace Officers Standards and Training (POST) training in order to carry a firearm in the discharge of the judge's official duties. Approved by Senate Judiciary Committee 3/18/14.