Volume 8 Issue 7

Indicates featured legislation

Jurisdiction: Newly Introduced

Georgia HB 895 Bans court use of international or foreign law. In House Judiciary Committee.

Georgia SB 341 Allows probate clerk who are attorneys for at least 3 years to exercise power of probate judge in uncontested matters. In Senate Judiciary Committee.

Tennessee HB 2473 Directs the comptroller of the treasury to conduct a study into cost savings resulting from conferring concurrent jurisdiction over all matters to the chancery and circuit courts. In House Civil Justice Committee.

Tennessee SB 2557 Directs the comptroller of the treasury to conduct a study into cost savings resulting from conferring concurrent jurisdiction over all matters to the chancery and circuit courts. In Senate Judiciary Committee.

Jurisdiction: Floor and Committee Activity

Hawaii HB 1846 Increases the maximum claim amount that determines district court jurisdiction in civil cases from $25,000 to $40,000. Approved by full House 2/6/14.

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 full House 2/6/14.

Qualifications and Terms: Newly Introduced

Louisiana HB 96 (Constitutional Amendment) Removes mandatory judicial retirement age. In House Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

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. Approved as amended by House Judiciary Committee 2/6/14.

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 Provides appellate judges to retire at same age as Circuit/Superior Court judges (Note: those ages were repealed in HB 1266 of 2011). Killed by full Senate 2/4/14.

Mississippi HB 222 Requires municipal court judge in municipalities between 10,000 and 20,000 people be an attorney. Specifically provides the mayor or mayor pro tempore shall not serve as a municipal judge. Approved by full House 2/6/14.

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. Killed by House Appropriations Committee 2/6/14.

Rule Making Authority: Newly Introduced

Arizona SB 1473 Provides supreme court shall license attorneys for the practice of law and adopt rules to carry out licensing. Provides supreme court to grant attorney license to person who graduates from Arizona law school ("under the jurisdiction of the Arizona Board of Regents.") In Senate Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

Virginia HB 1038 ORIGINAL: 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. AMENDED: Provides no civil matter shall be dismissed with prejudice by any district or circuit court for failure to comply with any rule created under this section. Approved as amended by House Courts of Justice Committee 2/7/14

Salary and Budget: Newly Introduced

Arizona SB 1470 Increases salaries for Superior Court clerks. In Senate Government and Environment Committee.

Florida HB 797 Provides that individual who fails to enroll in payment plan to pay off court fees/fines/costs is deemed to have entered into default payment plan with specified terms. Provides ability to suspend driver licenses & place registration stop on any vehicle owned by individual for nonpayment. In House Judiciary Committee.

Florida SB 788 Provides that individual who fails to enroll in payment plan to pay off court fees/fines/costs is deemed to have entered into default payment plan with specified terms. Provides ability to suspend driver licenses & place registration stop on any vehicle owned by individual for nonpayment. In Senate Judiciary Committee.

Georgia SB 345 Creates court technology fee on civil filings and criminal convictions. In Senate Judiciary Committee.

Iowa SB 2126 Requires state court administrator study alternative defined contribution judicial retirement system for judges appointed on or after July 1, 2016. In Senate State Government Committee.

Rhode Island HB 7259 Provides for the processing of electronic payments submitted to all courts within the unified judicial system and provides for the implementation of technology fees in order to process electronic payments. In House Judiciary Committee.

West Virginia HB 4430 Removes compensation caps for court secretary-clerks and case coordinators. In House Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Georgia HB 477 Provides for transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia. Approved by House Retirement Committee 2/5/14.

Georgia HB 580 Provides for additional or partial retirement benefits under Superior Court Clerks' Retirement Fund. Makes other changes regarding spousal benefits. Approved by House Retirement Committee 2/5/14.

Hawaii HB 1636 Authorizes additional land court fees to be established by court or administrative rule. Approved by House Judiciary Committee 2/4/14.

Hawaii SB 2082 Authorizes additional land court fees to be established by court or administrative rule. Approved by Senate Judiciary Committee 2/7/14.

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 full House 2/6/14.

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 full House 2/7/14.

Mississippi HB 776 Allows courts and other "claimant agencies" to intercept income tax refunds to pay for debts owed the court. Approved by full House 2/7/14.

New Mexico HB 33 Changes age and service requirements for normal retirement under judicial retirement system. Decreases pension multiplier for service credit earned after June 30, 2014. Increases contribution rates. Approved by House Consumer and Public Affairs Committee 2/4/14.

New Mexico HB 195 Changes the survivor benefit for judges and magistrates whose initial terms of office begin on or after July 1, 2014 to ensure that they have the same beneficiary provisions and forms of pension payments as provided for state employees pursuant to the Public Employees Retirement Act. Approved by House Labor Committee 2/4/14.

New Mexico HB 216 Modifies Magistrate Judges Retirement Program. Approved by House Labor Committee 2/5/14.

New Mexico SB 38 Provides annual excess balance of funds in metropolitan court bond guarantee fund to be transferred to administrative office of the courts (currently all such funds go to traffic safety bureau of the department of transportation). Approved by Senate Judiciary Committee 2/3/14.

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. Approved by Senate Judiciary Committee 2/3/14.

Utah SB 108 Requires an additional $20 filing fee in civil justice court cases if a person files a complaint, petition, answer, or response prepared through the Online Court Assistance Program. Approved by Senate Judiciary Committee 2/4/14.

Virginia HB 299 Eliminates the class of judicial retirees created in 2010 for whom the weighted years of service factor is dependent upon age. Killed by House Appropriations Committee 2/6/14.

Selection: Newly Introduced

Arizona SB 1369 Specifies it is the presiding judge of the *superior court* in *Maricopa County* that may appoint a court commissioner to serve in the tax court. In Senate (no committee).

Kansas HCR 5027 (Constitutional Amendment) Requires the supreme court nominating commission to submit all qualified applicants to the governor. In House Judiciary Committee.

Oklahoma SB 1147 Requires special elections to fill vacancies in district courts. In Senate Rules Committee.

South Dakota HB 1233 Allows for recall of any elected official, including judges. In House State Affairs Committee.

Tennessee HB 2358 Revives and reconstitutes the judicial nominating commission. New commission members to be appointed entirely by House and Senate Speakers. In House Civil Justice Committee.

Utah HB 325 Expands state's judicial performance program to Justice Court judges. 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 full House 2/6/14.

Indiana HB 1318 Provides that a candidate for a local judicial office is not required to file a statement of economic interests. Approved by full House 2/3/14.

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." Approved by Senate Rules Committee 2/7/14.

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. Approved by House Courts of Justice Civil Subcommittee 2/5/14.

Virginia HB 272 Requires the judicial performance evaluation program, which provides a self-improvement mechanism for judges and a source of information for the reelection process, established by the Supreme Court of Virginia to submit evaluation reports on justices and judges whose terms expire during the next session of the General Assembly to the Chairmen of the House and Senate Committees for Courts of Justice by December 1 of each year. Such reports to the General Assembly are public records, but all other records created or maintained by or on behalf of the program are confidential. Approved by House Appropriations Committee 2/5/14.

Structure Changes: Newly Introduced

Utah HB 319 Recreates state's Circuit Court system. Grants Circuit Court exclusive jurisdiction over all misdemeanors and domestic issues, including divorce, child custody and parent-time, adoption, paternity, and child support cases. In House Rules Committee.

Utah HB 336 Creates Court System Task Force to review structure, jurisdiction, and organization of the court system. In House Judiciary Committee.

Structure Changes: Floor and Committee Activity

Mississippi SB 2474 Redistricts state trial courts. Approved by full Senate 2/6/14.

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 Finance Committee 2/5/14.

Washington SB 6088 Reduces Supreme Court from 9 to 7 members by attrition. Approved by Senate Judiciary Committee 2/4/14.

Other: Newly Introduced

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. In Senate Judiciary Committee.

Kansas HB 2569 Makes it a crime to file fraudulent lien against judges and other public officials. In House Judiciary Committee.

Maryland HB 1292 Establishes collective bargaining rights for specified employees of the District Court of Maryland. Establishes State Judicial Employees Labor Relations Board. In House Appropriations Committee.

Maryland SB 824 Establishes collective bargaining rights for specified employees of the District Court of Maryland. Establishes State Judicial Employees Labor Relations Board. In Senate Finance Committee.

Missouri HB 1412 Specifies that it shall be a crime to intentionally file a fraudulent financing statement or any financing statement against a judge or other person with the Secretary of State with the intent to harass or defraud any other person. Approved by House Crime Prevention and Public Safety Committee 2/4/14.

New Mexico HM 75 Requests Administrative Office of the Courts conduct a survey of New Mexico DWI sentencing and probation management practices as well as study the practices of other states to evaluate the efficacy of introducing and expanding practices to reduce DWI recidivism. In House Judiciary Committee.

New Mexico SJM 26 Requests Administrative Office of the Courts examine study equity in awarding child support and how child support payments are calculated. In Senate Rules Committee.

Rhode Island HB 7259 Eliminates the responsibility of the division of public buildings and the department of administration to acquire suitable courtrooms for the sessions of the district court. In House Judiciary Committee.

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. In House Judiciary Committee.

Rhode Island SB 2233 Requires a sign language or communication access realtime translation (CART) provider for many court proceedings. In Senate Judiciary Committee.

Rhode Island SB 2270 Requires independent performance audits of courts and other branches to be conducted periodically by the state auditor general. In Senate Finance Committee.

Tennessee HB 2362 Provides that either party in a criminal trial may request in writing that the judge be drug tested. Provides if the judge tests positive for an illegal drug, a substitute judge is appointed. Provides if the test is negative, no request is made, or it was for a legal prescription drug, the trial resumes and neither side can assert on appeal that the judge was impaired by drugs. In House Civil Justice Committee.

Tennessee HB 2466 Removes Supreme Court's authority over Administrative Office of the Courts. Transfers AOC to State Treasurer. Disbands Judicial Performance Evaluation Commission, Judicial Nominating Commission and Board of Judicial Conduct. Creates the Board of Judicial Nominations and Judicial Standards and Review Board under control of governor and state legislative leaders. Requires state appellate judges be elected in contested elections unless alternative system approved at November 2014 ballot. In House Civil Justice Committee.

Tennessee SB 2542 Provides that either party in a criminal trial may request in writing that the judge be drug tested. Provides if the judge tests positive for an illegal drug, a substitute judge is appointed. Provides if the test is negative, no request is made, or it was for a legal prescription drug, the trial resumes and neither side can assert on appeal that the judge was impaired by drugs. In Senate Judiciary Committee.

Utah HB 279 Extends sunset date for Office of the Court Administrator to 2018. In House Judiciary Committee.

Utah SB 93 Requires Office of the Court Administrator establish an internal audit program for courts not of record. In Senate Government Operations and Political Subdivisions Committee.

Wisconsin AB 685 Requires information be taken of state court's website within 90 or 120 days after acquittal or charges dismissed. In Assembly Corrections Committee.

Wisconsin SB 526 Requires information be taken of state court's website within 90 or 120 days after acquittal or charges dismissed. In Senate Judiciary Committee.

Other: Floor and Committee Activity

Indiana SB 60 Urges study of representation of judges and payment of attorneys fees in judicial mandate actions. Approved by full Senate 2/4/14.

Mississippi HB 593 Requires Administrative Office of the Courts recommend uniform format for keeping youth court records. Approved by full House 2/6/14.

New Hampshire HB 1122 Creates crime of filing false lien statements against judges, other public officials, and employees. Approved by House Legislative Administration Committee 2/6/14.

New Mexico SB 62 ORIGINAL: 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. AMENDED: Provides all financial disclosure statements filed by judges elected statewide shall be posted on the web site of the secretary of state and on the sunshine portal web site. Requires redaction of judge's home address, social security number, phone number and email. Approved as amended by House Public Affairs Committee 2/6/14.

Tennessee HB 1601 Terminates the judicial information system advisory committee. Approved by House Government Operations Committee 2/4/14.

Tennessee HB 1610 Terminates the Tennessee court information system (TnCIS) steering committee. Approved by House Government Operations Committee 2/4/14.

Utah HB 16 Requires any nonconsensual common law document such a lien filed against a judge or public official must be followed by a suit in court to judge the validity of the lien/document. Provides of civil damages against person filing such a false document. Approved by House Political Subdivisions Committee 2/6/14.

Washington SJR 8215 (Constitutional Amendment) Provides only persons who are qualified voters in a county are elected or appointed to the office of judge of the superior court for that county. Approved by Senate Law & Justice Committee 2/6/14.