Volume 8 Issue 20 and 21

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Delaware HB 232 (Constitutional Amendment) Adds "the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities" to the list of entities that may certify questions of law to the Delaware Supreme Court.  Approved by Senate Executive Committee 5/14/14.

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. Conference committee report approved by House 5/16/14. To Senate to concur.

Qualifications and Terms: Newly Introduced

New Jersey AB 3182 Increases mandatory retirement age for judges from 70 to 72 contingent on constitutional amendment increasing same. In Assembly Judiciary Committee.

New Jersey ACR 150 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 72. In Assembly Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Louisiana SB 583 Removes exemption that those justices of the peace serving as of August 15, 2006 need not retire at age 70. Approved by House Judiciary Committee 5/22/14.

Rule Making Authority: Newly Introduced

New Jersey AR 111 Urges New Jersey Supreme Court to adopt rules temporarily admitting attorney spouses of military service members to New Jersey Bar.  In Assembly Military and Veterans' Affairs Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

Illinois SB 3022 Extends until 2016 deadline for report from Statutory Court Fee Task Force. Approved by full House 5/22/14. To Governor for approval.

Louisiana HB 154 Authorizes an increase of 50 cents in court costs for certain filings in all courts. Approved by full Senate 5/21/14. To Governor for approval.

Louisiana HB 1130 Authorizes municipal governing authorities to contract with private collection agencies for purposes of collecting city court fines, forfeitures, penalties, and costs. Approved by Senate Judiciary B Committee 5/20/14.

Louisiana SB 111 Establishes that fees for e-filing may not exceed the fee amount for regular paper filing of documents. Provides that documents up to eight and one-half inches by fourteen inches, including but not limited to exhibits, attachments, suit records, transcripts, and depositions, shall be two dollars per page. Provides that all paper documents and other exhibits larger than eight and one-half inches by fourteen inches, shall be five dollars per page. Senate concurs with House amendments 5/21/14. To Governor for approval.

New Hampshire SB 264 ORIGINAL: Requires the election of benefits by certain members of the judicial retirement plan. AMENDED: Same, but bans or limits use of drones in state. Approved with House amendment by full House 5/14/14. Senate does not concur with House amendments.

Oklahoma HJR 1096 ORIGINAL: Rejects increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation. AMENDED: Allows salary increases for trial judges, but not for appellate judges. Specifies increase does not apply to state officials whose salaries are tied to trial judges. Approved by full House 5/21/14. Approved by full Senate 5/23/14. To Governor for approval.

Rhode Island HB 7259 AS AMENDED: Provides for the processing of electronic payments submitted to all courts within the unified judicial system and provides for the implementation of technology fees not to exceed twenty five dollars ($25.00) in order to process electronic payments. Approved with Senate amendment by full House 5/13/14. To Governor for approval.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

North Carolina SB 853 Restructures state's Business Court docket. Requires the final disposition of a case in Business Court be by written opinion. Requires AOC report on how long cases in Business Courts are taking and how long judges are taking to rule on such cases. In Senate Judiciary I Committee.

Structure Changes: Floor and Committee Activity

Louisiana HB 569 ORIGINAL: Authorizes district courts to designate a section or division of court for human trafficking courts and provides for certain procedures. SENATE AMENDMENT: Same, but provides that the victim will receive certain support services only if available. House rejects Senate amendment 5/12/14. Conference committee appointed.

Louisiana SB 216 (Constitutional Amendment) ORIGINAL: Provides that where a judicial vacancy occurs, supreme court may reallocate OR may advise legislature and governor to abolish it outright. AMENDED: Removes all references to supreme court. Allows legislature to reallocate. Approved with House amendment by House Civil Law and Procedure Committee 5/20/14.

Louisiana SB 532 Creates veteran's court program in all district courts. Specifies it is the prosecutor who decides there is reason to believe it is in the best interest of the community and in the interest of justice that a defendant be made eligible for the program. Approved as amended by House Governmental Affairs Committee 5/14/14.

New Hampshire HB 1442 Authorizes any superior or circuit court to establish mental health courts. Approved by full Senate 5/15/14. To Governor for approval.

South Carolina HB 3014 ORIGINAL: Requires creation of veterans treatment courts in each judicial circuit by the circuit prosecutor. Provides prosecutor to pick and train judges. SENATE FLOOR AMENDED: deletes references to prosecutor picking and training judges. Senate floor amended 5/21/14.

Other: Newly Introduced

New Jersey AB 3191 Requires sheriff provide court security at civil commitment proceedings. In Assembly Judiciary Committee.

North Carolina HB 1078 Phases out the use of special superior court judges. Provides for appointment of business court judges by the governor in consultation with the chief justice. Provides for the renewed use of emergency superior court judges. In House Appropriations Committee.

North Carolina HB 1089 Directs the administrative office of the courts to study development of a case management system for civil cases in superior court. In House Judiciary A Committee.

North Carolina HB 1090 Directs the administrative office of the courts to develop a written, comprehensive policy for the management of information technology resources. In House Judiciary A Committee.

North Carolina HB 1152 Requests Chief Justice abolish North Carolina Actual Innocence Commission, established by Chief Justice. In House Regulatory Reform Committee.

North Carolina HB 1208 Increases penalties for assaults and threats made against judges and other officials. In House Appropriations Committee.

North Carolina SB 777 Requests Chief Justice abolish North Carolina Actual Innocence Commission, established by Chief Justice. In Senate Education/Higher Education Committee.

North Carolina SB 842 Increases penalties for assaults and threats made against judges and other officials. In Senate Appropriations Committee.

Other: Floor and Committee Activity

California AB 1657 Authorizes the court to provide a court interpreter in any civil action or proceeding at no cost to the parties, regardless of the income of the parties. Approved by full Assembly 5/19/14.

California AB 2332 Requires trial courts comply with specified requirements before contracting out services currently or customarily performed by that court's trial court employees. Provides requirement for contracting work and exceptions. Approved as amended by Assmebly Appropriations Committee 5/23/14.

California AB 2494 Requires Judicial Council report on number of times attorneys and parties are fined for filing frivolous cases/pleadings. Approved by Assembly Appropriations Committee 5/23/14.

Louisiana HB 46 Requires judges to sign and print their names on all judgments.  Approved by full Senate 5/13/14. To Governor for approval.

Louisiana HB 888 Creates the Louisiana Clerks' Remote Access Authority (LCRAA) for the purpose of providing infrastructure, governance, standard operating procedures, technology, and training to support a statewide portal for secure remote access of certain court records maintained by LCRAA members to internet users and for document preservation. Approved with Senate amendments by full Senate 5/19/14.

Louisiana HCR 137 Requests Judicial Council report on number of times attorneys and parties are fined for filing frivolous cases/pleadings. Approved by House Judiciary Committee 5/22/14.

Louisiana SB 606 Provides that the various courts shall provide by court rule for the method of electronic signature to be used and to ensure the authenticity of the electronic signature. Repeals law prohibiting electronic signatures relating to court orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings. Approved with Hosue amendments by full House 5/21/14. Senate concurs with House amendments 5/22/14. To Governor for approval.

Minnesota HB 1226 Provides murder of a judge is murder in the first degree. Increases penalty for various crimes against judges. Approved by full House and Senate 5/16/2014. To Governor for approval.

Missouri HB 1665 Requires all courts that process documents via mandatory e-filing to accept, file, and docket a notice of entry of appearance filed by an attorney in a criminal case if the filing document is no longer than one page and was sent by fax or regular mail. Approved by full Senate 5/16/14.

Missouri SB 621 Reduced number of meetings of the state judicial conference to every two years (currently annual). Creates permanent legislative committee (Joint Committee on the Justice System) to examine all aspects of justice system. Conference committee report approved by Senate 5/15/14. To Governor for approval.

Rhode Island HB 7306 Defines "limited English proficient person" for the purposes of interpreters for legal proceedings as any person whose primary language is not English & who does not have the ability to adequately understand or communicate effectively in English. Approved by Senate Judiciary Committee 5/22/14

South Carolina HB 3945 AS AMENDED BY HOUSE: Creates South Carolina Commission on Ethics Enforcement and Disclosure. Transfers powers over financial disclosure from commission on Judicial Conduct to new Ethics Commission. Provides Ethics Commission has authority to enforce violations of "Cannons" of Judicial Conduct but that punishment and sanctions are to be adjudicated by Supreme Court. Approved with House amendment by full House 5/22/14.