Volume 8 Issue 4

Indicates featured legislation

Jurisdiction: Newly Introduced

Alabama HB 116 Grants district court jurisdiction in cases up to $25,000 (currently $10,000). Grants circuit court exclusive jurisdiction in cases over $25,000 (currently $10,000). In House Judiciary Committee.

Alabama HB 262 Increases small claims jurisdiction to $6,000 (from $3,000). In House Judiciary Committee.

Hawaii SB 2023 Increases small claims jurisdiction form $5,000 to $10,000. Prefiled.

South Carolina HB 4494 Prohibits state court use of international or foreign law, including specifically sharia law. In House Judiciary Committee.

West Virginia HB 2287 Increases magistrates court jurisdiction from $5,000 to $12,000. In House Judiciary Committee

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

Alabama HB 293 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. In House Judiciary Committee.

Mississippi HB 222 Requires municipal court judge in municipalities between 10,000 and 20,000 people be an attorney. In House Judiciary A Committee.

Mississippi HB 270 Requires judicial candidates a qualified electors of their judicial district, subdistrict, or county as applicable. In House Judiciary A Committee.

Mississippi SB 2214 Provides any annual continuing education requirement imposed upon a court administrator, whether by statute or rule of court, may be satisfied by the completion by the administrator of twelve duly approved hours of training without regard to the number of meetings attended within one year. In Senate Judiciary A Committee.

Qualifications and Terms: Floor and Committee Activity

Virginia SB 170 ORIGINAL: Increases the mandatory judicial retirement age from 70 to 72. AMENDED: Increases from 70 to 73. Approved as amended by Senate Courts of Justice Committee 1/13/14.

Rule Making Authority: Newly Introduced

West Virginia HB 2760 Voids all rules related to firearms established by courts or other entities other than the legislature itself. In House Judiciary Committee

Rule Making Authority: Floor and Committee Activity

Virginia HB 825 Provides that the clerk's office of every district court shall be kept open for the transaction of business on every day except Saturday, Sunday, and the statewide legal holidays designated in the Code of Virginia. Currently the days of operation are set by the Committee on District Courts. Approved by House Courts of Justice Civil Subcommittee 1/15/14.

Virginia SB 318 Provides that the clerk's office of every district court shall be kept open for the transaction of business on every day except Saturday, Sunday, and the statewide legal holidays designated in the Code of Virginia. Currently the days of operation are set by the Committee on District Courts. Approved by full Senate 1/17/14.

Salary and Budget: Newly Introduced

Alabama HB 79 Provides court costs and docket fees assessed by any authority other than the Constitution of Alabama of 1901 are to revert to General Fund. Provides that a court may not waive, set aside, or otherwise fail to collect any court costs or docket fees previously authorized and now subject to this act. In House Judiciary Committee.

Alabama SB 201 Would allow circuit and district courts to retain five percent of each docket fee collected as an administrative collection fee, with certain exceptions. In Senate Finance and Taxation General Fund Committee.

Colorado HB 1096 Creates the underfunded courthouse facility cash fund commission and the underfunded courthouse facility cash fund and appropriates $1.5 million for the fund. Commission to grant money from fund for master planning services for construction or remodeling projects, to seek matching funds or leveraging opportunities for construction or remodeling projects, and to address emergency needs due to the imminent closure of a court facility. In House Judiciary Committee.

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. Prefiled.

Hawaii HB 1636 Authorizes additional land court fees to be established by court or administrative rule. Prefiled.

Hawaii SB 2082 Authorizes additional land court fees to be established by court or administrative rule. Prefiled.

Indiana SB 150 Establishes the 2014 judges' retirement, disability, and death system, which mirrors the features of the prosecuting attorneys' retirement system. Provides that an individual who becomes a judge or a magistrate after June 30, 2014, shall participate in the 2014 judges' system. In Senate Pensions and Labor Committee.

Kentucky HB 187 Provides generally that any judge or justice retired under the Senior Status Program for Special Judges with a pension benefit greater than or equal to 100% of his or her final compensation who are then appointed, elected, or re-elected to a position of judge or justice shall have his or her salary reduced by his or her annual pension benefit. In House Judiciary Committee.

Nebraska LB 870 Creates Public Debt Recovery Program to recover debts owed courts and other state entities via income tax refund intercept and other methods. In Senate Judiciary Committee.

Nebraska LB 927 Provides that judges retirement fees cannot be waived. In Senate Judiciary Committee.

New Mexico SB 84 Repeals July 2, 2014 sunset date for magistrate courts operations fund and extends $4 fee in certain cases for the fund until 2019. Prefiled.

Oklahoma HB 2923 Eliminates procedure linking salaries of other state officers/elected officials to judicial salaries. Prefiled.

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. In House (no committee).

Tennessee SB 1673 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. In Senate (no committee).

West Virginia HB 3096 Increases the compensation caps for secretary-clerks and case coordinators in the family court system. In House Judiciary Committee.

West Virginia SB 19 Increases compensation caps for certain family court staff. In Senate Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Washington SB 6012 Prohibits the state bar from charging fees to judicial members. Approved by Senate Committee on Law & Justice 1/16/14.

Selection: Newly Introduced

Alabama SB 91 (Constitutional Amendment) Permits recall of all elected officials, including judges. In Senate Constitution, Campaign Finance, Ethics, and Elections Committee.

Colorado HB 1069 Requires district commissions on judicial performance interview district attorney, a representative of the state public defender, and a representative of the local bar association in area judge serves. In House Judiciary Committee.

Iowa HSB 506 Allows the board of supervisors to appoint an active law enforcement officer to serve as a commissioner on a magistrate appointing commission. Provides that a county attorney may be elected to serve on a county magistrate appointing commission. Makes a commissioner of a county magistrate appointment commission ineligible to vote for the appointment or nomination of a current member of the commissioner’s same office. Prefiled.

Iowa SSB 3036 Allows the board of supervisors to appoint an active law enforcement officer to serve as a commissioner on a magistrate appointing commission. Provides that a county attorney may be elected to serve on a county magistrate appointing commission. Makes a commissioner of a county magistrate appointment commission ineligible to vote for the appointment or nomination of a current member of the commissioner’s same office. Prefiled.

New York SB 6312 Allows a village that has one village court justice to provide for an additional acting village justice if the village justice requests one, or if the justice or acting justice is absent or unable to serve In Senate Local Government Committee.

Oklahoma HB 3002 Requires judge reveal all campaign contributions made by parties or attorneys appearing before them but does not require that the judge automatically recuse due to the donation. Prefiled.

Rhode Island HB 7071 Vests with the governor the sole authority to nominate, on the basis of merit, from a list submitted by the judicial nominating commission with the advice and consent of the senate, all judges and magistrates, to all courts. (Currently presiding judges & chief judges appoint certain magistrates). In House Judiciary Committee.

Tennessee HB 1559 Requires votes by members of the judicial performance evaluation commission on any report that is required to be published and disclosed to be by roll call in a public meeting. In House (no committee).

Tennessee SB 1730 Requires votes by members of the judicial performance evaluation commission on any report that is required to be published and disclosed to be by roll call in a public meeting. In Senate (no committee).

West Virginia HB 2479 Provides for nonpartisan elections for supreme court and circuit court. In House Judiciary Committee.

West Virginia HB 3012 Provides for nonpartisan election of justices to the Supreme Court of Appeals beginning in 2014. In House Judiciary Committee.

West Virginia SB 232 Provides for nonpartisan election of justices to the Supreme Court of Appeals. In Senate Government Organization Committee.

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

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. Prefiled.

Kentucky SB 72 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. In Senate State & Local Government Committee.

Mississippi SB 2029 Authorizes creation of veterans' courts. In Senate Judiciary A Committee.

Mississippi SB 2111 Authorizes creation of veterans' courts. In Senate Judiciary A Committee.

Mississippi SB 2247 Authorizes domestic abuse courts as specialized dockets of the chancery or county court. In Senate Judiciary A Committee.

Oklahoma HB 2802 Authorizes any district court to create veterans' courts. Prefiled.

Virginia SB 443 Increases and decreases the number of circuit, general district, and juvenile court judges authorized for each judicial circuit and district in accordance with a study report issued by the National Center for State Courts. These adjustments are recommended by the Judicial Council and by the Committee on District Courts. (Full disclosure, Gavel to Gavel is an NCSC publication). In Senate Courts of Justice Committee.

Washington SB 6088 Reduces Supreme Court from 9 to 7 members by attrition. In Senate Judiciary Committee.

West Virginia SB 215 Creates Intermediate Court of Appeals made up of two divisions of 3 judges each and elected in same manner as supreme court. In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

Virginia HB 606 Increases and decreases the number of circuit, general district, and juvenile court judges authorized for each judicial circuit and district in accordance with a study report issued by the National Center for State Courts. These adjustments are recommended by the Judicial Council and by the Committee on District Courts. (Full disclosure, Gavel to Gavel is an NCSC publication). Approved by House Courts of Justice Civil Subcommittee 1/15/14.

Other: Newly Introduced

Alabama SB 110 Repeals requirement that supreme court rules be published by Secretary of State in Acts of Alabama. In Senate Judiciary Committee.

Alabama SB 111 Requires all traffic schools meet uniform requirements and be overseen by Administrative Office of Courts. In Senate Judiciary Committee.

Georgia HB 725 Eliminates provision that allows for permanent sharing of judges only in certain counties with a population over 180,000. In House Judiciary Committee.

Georgia SB 285 Requires court clerks redact social security numbers on documents filed with them before posting or making the document public. In Senate Judiciary Committee.

Indiana HB 1130 Provides judges may possess and use a firearm in the same locations that a law enforcement officer who is authorized to carry a firearm. Provides judges may not be prohibited from possessing a firearm on land or in buildings and other structures owned or leased by the state or any agency of state government or a political subdivision. In House Public Policy Committee.

Indiana HB 1146 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. In House (no committee).

Indiana HJR 4 (Constitutional Amendment) Provides where a justice of the supreme court is unable to hear case, random member of court of appeals to be selected. In House (no committee).

Iowa HSB 509 Disqualifies a magistrate from appearing as counsel in any criminal or delinquency proceeding in any court within the geographical jurisdiction of the magistrate. Prefiled.

Iowa SSB 3026 Provides that a "limited English proficient" (LEP) person who is a participant in any legal proceeding involving a court or an administrative agency or in a court-ordered program shall be entitled to an interpreter or a translator to assist the person in the proceeding or program. Prefiled.

Kansas HB 2448 Makes it specific crime to post personal information about judge or judge's immediate family is the dissemination poses imminent and serious threat to their safety. In House Judiciary Committee.

Kansas HB 2448 Provides dissemination of personal information of judge or judge's family in certain instances is a crime. In House Judiciary Committee.

Mississippi HB 245 Allows for recall of all elected officials, including judges. In House Apportionment and Elections Committee.

New Mexico SB 62 Provides all financial disclosure statements filed by judges and officers of the judicial branch shall be posted on the web site of the secretary of state and on the sunshine portal web site. Prefiled.

New York AB 8408 Provides trial judge must render decisions within 90 days. Provides failure to do so in 5 instances, or failure to do so for more than 2 years in 1 instance, will result in removal from office. In Assembly Judiciary Committee.

Ohio HB 403 Allows anyone with a firearm permit to carry weapon into courthouse unless court provides security checkpoints at doors. In House (no committee).

Ohio HJR 10 (Constitutional Amendment) Allows recall of all elected officials, including judges. In House (no committee).

Oklahoma HB 2614 Continues to allow judges to carry handguns but requires they complete training course specifically designed for court officials administered by the Council on Law Enforcement Education and Training (currently required to take standard training course). Prefiled.

Tennessee HB 1520 Removes the requirement that judges must complete Peace Officer Standards and Training (POST) in order to carry a firearm in the discharge of the judge's official duties. In House (no committee).

Tennessee HB 1601 Terminates the judicial information system advisory committee In House (no committee).

Tennessee HB 1610 Terminates the Tennessee court information system (TnCIS) steering committee. In House (no committee).

Tennessee HB 1640 Extends the Tennessee board of judicial conduct to 2018. In House (no committee).

Tennessee SB 1566 Extends the Tennessee board of judicial conduct to 2018. In Senate Government Operations Committee.

Tennessee SB 1570 Terminates the Tennessee court information system (TnCIS) steering committee. In Senate Government Operations Committee.

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. In Senate Courts of Justice Committee.

West Virginia HB 2787 Permits family court judges and magistrates to carry concealed handguns without a permit In House Judiciary Committee.

West Virginia HB 4166 Exempts municipal court judges from fees for application and license to carry concealed weapons. In House Judiciary Committee.

West Virginia HJR 25 (Constitutional Amendment) Eliminates "terms of court" for circuit courts. Provides courts are to meet "continuously". In House Judiciary Committee.

Other: Floor and Committee Activity

Delaware SCR 35 Extends deadline for Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public from February 15, 2014 to April 15, 2014. Approved by Senate 1/16/14.

Ohio SB 219 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 by full Senate 1/14/14.