Volume 8 Issue 6

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Indicates featured legislation

Jurisdiction: Newly Introduced

Mississippi HB 622 Prohibits state courts from using international or Sharia law. In House Judiciary A Committee.

Mississippi HB 893 Provides Supreme Court has original jurisdiction for claims against the state seeking injunctive relief. Provides Chief Justice to appoint panel of 3 judges to hear such cases. In House Judiciary A Committee.

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 House Judiciary Committee 1/29/14.

Hawaii HB 1846 Increases the maximum claim amount that determines district court jurisdiction in civil cases from $25,000 to $40,000. Approved by House Judiciary Committee 1/30/14.

Mississippi HB 44 Prohibits use of foreign law in state's courts. Approved by House Judiciary A Committee 1/28/14.

New Hampshire CACR 13 (Constitutional Amendment) Removes powers of justices of the peace over cases under $100. Specifies their sole powers relate to acknowledgments, oaths and affirmations, depositions, copy certifications, witnessing or acknowledging signatures, protests, or performing marriage ceremonies. Rejected by House Judiciary Committee 1/28/14.

New Hampshire HB 1165 Provides legislature may create "redress of grievance" panels to hear reviews of court cases. Rejected by House Judiciary Committee 1/28/14.

New Hampshire HB 1380 Allows for judgments in civil and criminal cases to be appealed to "citizen appeal panel" made up of 12 citizens assembled in the same manner as a petit jury. Provides if the panel finds that the statute involved is not reasonable and appropriate to society, the panel shall direct that the action, or such portion thereof as is premised on the statute, be dismissed with prejudice. Rejected by House Judiciary Committee 1/28/14.

Qualifications and Terms: Newly Introduced

New Mexico HB 150 Requires magistrate judge prove at time of filing for candidacy they are an attorney. In House Consumer & Public Affairs Committee.

Oregon SJR 203 (Constitutional Amendment) Rescinds SJR 34 of 2103. 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. Prefiled.

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 Senate Judiciary Committee 1/23/14.

Indiana SB 109 Effectively eliminates mandatory retirement age for appellate judges. Provides appellate judges to retire at same age as Circuit/Superior Court judges (Note: those ages were repealed in HB 1266 of 2011). Approved by Senate Judiciary Committee 1/30/14.

Mississippi HB 222 Requires municipal court judge in municipalities between 10,000 and 20,000 people be an attorney. Approved by House Judiciary A Committee 1/29/30. Approved by House Municipalities Committee 1/30/13.

Virginia HB 279 AS AMENDED: Increases mandatory judicial retirement to the expiration of a judge's term after the age of 73. Provides bill only becomes effective if the Judicial Performance Evaluation Program is funded and implemented. Approved as amended by House Courts of Justice Committee 1/27/14.

Virginia HB 81 Increases from 70 to 73 the mandatory retirement age for judges. Tabled in House Courts of Justice Committee 1/29/14.

Virginia SB 170 ORIGINAL: Increases the mandatory judicial retirement age from 70 to 72. AMENDED: Increases from 70 to 73. Approved as amended by full Senate 1/27/14.

Rule Making Authority: Newly Introduced

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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 full Senate 1/28/14.

Virginia HB 1038 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. Approved by House Courts of Justice Civil Subcommittee 1/20/14.

Salary and Budget: Newly Introduced

Kansas SB 313 Increases various docket fees and creates new docket fees. In Senate Judiciary Committee.

Iowa SSB 3100 Increases judicial salaries. In Senate Appropriations Committee.

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. In Senate Judicial Proceedings Committee.

Mississippi HB 776 Allows courts and other "claimant agencies" to intercept income tax refunds to pay for debts owed the court. In House Ways & Means Committee.

New Mexico HB 216 Modifies Magistrate Judges Retirement Program. In House Judiciary Committee.

New Mexico SB 160 Modifies Magistrate Judges Retirement Program. In Senate Judiciary Committee.

Oregon HB 4001 Allows person elected or appointed to office county judge in county with population of fewer than 110,000 inhabitants to continue to be retired member of Public Employees Retirement System and continue to receive retirement benefits under system. Prefiled.

Oregon HB 4066 Authorizes Chief Justice of Supreme Court to establish reasonable fees for use of Oregon Judicial Case Information Network. Prefiled.

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". Prefiled.

Salary and Budget: Floor and Committee Activity

Alabama SB 113 Requires circuit and district courts accept credit cards, charge cards, and debit cards for payment. Approved by full Senate 1/30/14.

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. Approved by House Judiciary Committee 1/30/14.

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 House Judiciary Committee 1/28/14.

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 by House Appropriations Committee 1/30/14.

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 House Judiciary A Committee 1/28/14.

New Hampshire SB 264 Requires the election of benefits by certain members of the judicial retirement plan. Approved by full Senate 1/30/14.

Pennsylvania HB 1489 Allows for intercept of lottery winnings to pay of court fees/fines. Approved as amended by full House 1/29/14.

Pennsylvania SB 1016 Allows for income tax refund for restitution payments as result of criminal conviction. AMENDED: Allows for income tax refund for court-ordered obligation as result of criminal conviction. Approved as amended by Senate Judiciary Committee 1/28/14.

Pennsylvania SB 1017 Provides lottery winnings to be intercepted and diverted to pay for fees/fines owed to courts. Approved as amended by Senate Judiciary Committee 1/28/14.

Virginia HB 10 Provides that the annual retirement allowance of any person who has served as a judge but retires under a different defined benefit retirement plan shall not exceed 78 percent of the person's average final compensation, unless such person after ceasing to be a judge performs five or more years of creditable service under such other defined benefit retirement plan. Provides in no case shall such person's annual retirement allowance exceed 100 percent of his average final compensation. 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 by full House 1/31/14.

Selection: Newly Introduced

New Mexico SJR 16 (Constitutional Amendment) Repeals provision that "The date for filing a declaration of candidacy for retention of office shall be the same as that for filing a declaration of candidacy in a primary election." In Senate Rules Committee.

Pennsylvania HB 1986 (Constitutional Amendment) Requires judges in retention elections be identified by party designation. In House Judiciary Committee.

Selection: Floor and Committee Activity

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. Approved by House Judiciary Committee 1/28/14.

Indiana HB 1318 Provides that a candidate for a local judicial office is not required to file a statement of economic interests. Approved by House Elections Committee 1/28/14.

New Hampshire CACR 12 (Constitutional Amendment) Provides that judges and the attorney general shall be elected rather than appointed by governor with confirmation by executive council. Rejected by House Judiciary Committee 1/28/14.

New Hampshire CACR 16 (Constitutional Amendment) Provides judges to be appointed by governor, confirmed by the executive council, then confirmed again by a majority of the Legislature in joint session. (Currently confirmed by council only). Rejected by House Judiciary Committee 1/28/14.

Structure Changes: Newly Introduced

Mississippi HB 919 Creates pilot program to allow creation of multi-county county courts. In House Judiciary A Committee.

Structure Changes: Floor and Committee Activity

Alabama SB 292 ORIGINAL: Allows chief justice to reallocate judgeships to a different circuit after vacancy based on a study by existing Judicial System Study Commission. AMENDED: Creates Judicial Resources Allocation Commission. Authorizes justices of supreme court jointly to reallocate judgeship to different circuit after vacancy based on report from Commission. Approved as amended by Senate Judiciary Committee 1/28/14.

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 Senate 1/24/14.

Mississippi HB 889 Authorizes creation of veterans courts. Approved by House Judiciary A Committee 1/29/14.

Mississippi SB 2474 Redistricts all state trial courts. Approved by Senate Judiciary A Committee 1/30/14.

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). Approved by Senate Courts of Justice Committee 1/22/14.

Other: Newly Introduced

Arizona SB 1266 Allows judges to carry firearms in much the same manner and same places as law enforcement. In Senate Judiciary Committee.

Mississippi HB 1422 Requires elected officials, including judges, to be subject to random drug testing. In House Judiciary A Committee.

Missouri HB 1648 Requires statewide elected officials, members of the General Assembly, and judges to be subject to random drug testing. In House Administration and Accounts Committee.

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 full House 1/29/14.

Pennsylvania HB 1934 Requires elected officials, including judges, to be subject to drug testing in order to be on the ballot. In House State Government 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 House 1/28/14. No further approvals required.

Indiana HB 1347 Eliminates the requirement that the clerk attend court proceedings. Approved by full House 1/30/14.

Indiana SB 134 Makes it a felony to file a false lien on judges or others. Requires Division of State Court Administration create forms to help pro se litigants contest such filings. Approved by full Senate 1/28/14.

Mississippi HB 593 Requires Administrative Office of the Courts recommend uniform format for keeping youth court records. Approved by House Judiciary A Committee 1/28/14.

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 Senate 1/30/14.

New Hampshire SB 263 Allows state court judges to solemnize marriages. Approved by full Senate 1/30/14.

Tennessee SB 1570 Terminates the Tennessee court information system (TnCIS) steering committee. Approved by Senate Government Operations Committee 1/22/14.

Virginia HB 967 Removes chief justice's power to recall retired judges back to duty to serve in the Circuit or District courts. Transfers recall power to chief judge of the court affected. Rejected by House Courts of Justice Committee 1/29/14.

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. Currently, the chief judge of a general district court has such authority. Approved by full House 1/30/14.

Virginia HB 1018 Requires the appellate courts to produce audio or audio-visual recordings of oral arguments and to make such recordings available to the public without charge. Clarifies that clerks are not required to charge fees for access to or copies of orders and opinions and, further, that a clerk may not restrict redistribution of publicly accessible court records. Killed by House Courts of Justice Committee 1/29/14.

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 full Senate 1/31/14.

West Virginia SB 420 Adds West Virginia Supreme Court of Appeals to state education policymaking data sharing compact. Approved by Senate Education Committee 1/29/14.

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