Volume 8 Issue 8

Indicates featured legislation

Jurisdiction: Newly Introduced

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. In House (no committee).

Jurisdiction: Floor and Committee Activity

Kansas SB 287 Expands jurisdiction of district magistrate judges by allowing them to conduct felony first appearance hearings and have jurisdiction over uncontested actions for divorce, as well as over any civil action with the consent of the parties. Clarifies that district magistrate judges may hear misdemeanor arraignments. Amends various statutes to establish that appeals from district magistrate judges shall be directly to the Court of Appeals, rather than to a district judge (as under current law). Directs that all actions or proceedings before a district magistrate judge be on the record. Approved by full Senate 2/13/14.

Mississippi HB 44 Prohibits use of foreign law in state's courts. Approved by full House 2/12/14.

New Hampshire HB 1165 Provides legislature may create "redress of grievance" panels to hear reviews of court cases. Rejected by full House 2/12/14.

Wisconsin AB 161 ORIGINAL: Provides a trial judge's determination that a law is unconstitutional does not suspend enforcement of law. AS AMENDED BY SENATE: Provides final or interlocutory order finding law unconstitutional is immediately appealable as a matter of right. Approved by full Senate 2/11/14. To Assembly to concur with amendment.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

New Mexico HB 150 Requires magistrate judge prove at time of filing for candidacy they are an attorney. Approved by full House 2/14/14.

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. Approved by Senate Judiciary Committee 2/12/14.

Rule Making Authority: Newly Introduced

Kentucky HB 385 Clarifies that the Supreme Court's authority over the Kentucky Bar Association stems from the issuance of court rules and not from the promulgation of administrative regulations. In House 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 full House 2/11/414.

Salary and Budget: Newly Introduced

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. In Senate Finance and Taxation General Fund Committee.

Idaho HB 509 Creates increase in civil filing fees to pay for new case management system to be paid into renamed Court Technology Fund. In House Judiciary Committee.

Illinois HB 5344 Provides Freedom of Information Act applies to all records held by circuit clerks and judges with respect to public funds. In House Rules Committee.

Illinois SB 3022 Extends until 2016 deadline for report from Statutory Court Fee Task Force. In Senate Judiciary Committee.

Kansas SB 364 Removes supreme court's power over district court budgets. Provides allocating a budget for each judicial district court with chief judge to have the authority to expend funds as necessary. In Senate 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 full House 2/11/14.

Kansas SB 288 Allows chief judge of a judicial district to contract with a licensed attorney for collection services for debts owed to courts or restitution owed and provide for a fee to be paid to or retained by the contracting attorney for such services. Provides cost of collection would be paid from the amount collected, but would not be deducted from the debts owed to courts or restitution. Provides starting July 1, 2014, the cost of such collection would be assessed to a defendant as an additional court cost in all criminal, traffic, and juvenile offender cases. Approved by full Senate 2/13/14.

Kansas SB 313 Increases various docket fees and creates new docket fees. Approved by Senate Judiciary Committee 2/11/14.

Maine SB 263 ORIGINAL: Implements recommendations of the Judicial Compensation Commission. AS AMENDED: Replaces the Judicial Compensation Commission’s recommendations with a 2% adjustment for fiscal year 2014-15, in addition to the 3% adjustments for fiscal year 2013-14 and 2014-15 previously enacted. Approved as amended by full House and Senate 2/13/14. To Governor for approval.

New Mexico HB 33 Modifies Judicial Retirement Program. Suspends the COLA for FY15 and FY16. Requires all judges and their employers to make contributions. Raises age and service requirements for judges who became members. Approved by House Judiciary Committee 2/11/14.

New Mexico HB 216 Modifies Magistrate Judges Retirement Program. Suspends the COLA for FY15 and FY16. Requires all judges and their employers to make contributions. Raises age and service requirements for judges who became members. Approved as amended by House Judiciary Committee 2/11/14.

New Mexico SB 160 Modifies Magistrate Judges Retirement Program. Suspends the COLA for FY15 and FY16. Requires all judges and their employers to make contributions. Raises age and service requirements for judges who became members. Approved by Senate Judiciary Committee 2/11/14.

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 full Senate 2/12/14.

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 full Senate 2/12/14.

Oregon HB 4066 Authorizes Chief Justice of Supreme Court to establish reasonable fees for use of Oregon Judicial Case Information Network so long as prior notice is given to interested parties along with reasonable time for interested parties to comment. Repeals sunset on increases in certain filing fees, fees for writs of garnishment, and marriage solemnization fees. Repeals sunset on provisions directing State Court Administrator to transfer certain percentage of fees paid to court into State Court Technology Fund. Approved by House Judiciary Committee 2/12/14.

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". Approved by full House 2/14/14.

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 full Senate 2/10/14.

Washington SB 6305 Creates a defined contribution retirement plan option for elected officials (currently judges are covered by either Public Employees' Retirement System or older Judicial Retirement System). Approved by Senate Ways & Means Committee 2/11/14.

West Virginia HB 4104 Allows state tax department to withhold personal income tax refunds from taxpayers who owe municipal or magistrate court costs. Approved by House Finance Committee 2/10/14.

Selection: Newly Introduced

Alaska SJR 21 (Constitutional Amendment) Expands Judicial Council, which serves as merit selection commission, from 7 to 16. Provides governor to name majority of council members (10 out of 16). In Senate Judiciary Committee.

Idaho HB 502 Provides that no candidate's name may appear on a ballot for more than one judicial office. In House State Affairs Committee.

Kansas HB 2612 Extends time frame to fill vacancies for district judge and district magistrate judge. In House Judiciary Committee.

Kansas SB 365 Removes power of supreme court to name chief judges of court of appeals and district courts. In Senate Judiciary Committee.

Rhode Island SB 2375 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 Senate Judiciary Committee.

Selection: Floor and Committee Activity

Utah HB 325 Expands state's judicial performance program to Justice Court judges. Approved by House Judiciary Committee 2/13/14.

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 full House 2/11/14.

Structure Changes: Newly Introduced

Iowa HB 2185 Requires the supreme court to develop a proposal to establish a family court in the judicial branch on or before December 1, 2014. In House Judiciary Committee.

West Virginia HB 4462 Creates Intermediate Court of Appeals consisting of no permanent judges but panels of three judges randomly selected (2 current or retired circuit court, one supreme court justice). In House Judiciary Committee.

Structure Changes: Floor and Committee Activity

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. Approved by Public Safety, Military and Regulatory Affairs Committee 2/12/14.

Hawaii SB 632 Establishes environmental courts as divisions within the circuit courts. Approved by Senate Energy & Environment Committee 2/11/14.

Missouri SB 614 Deletes references to defunct offices of Supreme Court and Court of Appeals Commissioners. Approved by Senate Judiciary Committee 2/10/14.

Missouri SB 621 Reduced number of meetings of the state judicial conference to every two years (currently annual). Adds specific cross-references in law for comprehensive analysis of judicial resources. Approved by Senate Judiciary Committee 2/10/14.

Virginia HB 606 Increases and decreases the number of circuit, general district, and juvenile court judges authorized for each judicial circuit and district based on needs identified in a study report issued by the National Center for State Courts. (Full disclosure, Gavel to Gavel is an NCSC publication). Approved by full House 2/11/14.

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 full Senate 2/10/14.

Other: Newly Introduced

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. In Assembly (no committee).

Colorado SJR 10 Requests that the Chief Justice order juvenile delinquency petitions, to the extent practicable, to a single courtroom within each judicial district. Requests Chief Justice create group to study juvenile delinquency cases and their rules of procedure. In Senate (no committee).

Georgia HB 951 Requires court permit the defendant or his or her counsel to argue for jury nullification. In House Judiciary Non-Civil Committee.

Georgia HB 977 Requires all court filings have information such as social security numbers redacted or limited to last 4 digits. In House Judiciary Committee.

Iowa HB 2206 Requires state court administrator remove from online court records information regarding cases where person is found not guilty or charges are dismissed. In House Judiciary Committee.

Illinois HJR 75 Encourages the creation of Veterans and Servicemembers Treatment Courts. In House Rules Committee.

Kansas HB 2583 Prohibits use of lobbyists by judicial branch. In House Judiciary Committee.

Missouri HB 1803 Requires all courts to accept the filing of court documents by facsimile. In House General Laws Committee.

New York SB 2476 Authorizes an experimental program in which presiding trial judges, in their discretion, may permit audio-visual coverage of civil and criminal court proceedings, including trials. In House Judiciary Committee.

Rhode Island SB 2346 Requires independent performance audits of courts and other branches to be conducted periodically by the state auditor general. In Senate Finance Committee.

Washington SB 6568 Orders the supreme court to increase the number of cases it decides. In Senate Law & Justice Committee.

Other: Floor and Committee Activity

Alabama SR 44 Requests Supreme Court advisory opinion on constitutionality of 5 pieces of pending legislation. Approved by full Senate 2/11/14. No further approvals required.

Kansas HB 2448 Provides dissemination of personal information of judge or judge's family in certain instances is a crime. Approved by House Judiciary Committee 2/6/14.

Kansas HB 2070 AS AMENDED BY SENATE: Sets time limits for determination of motions/cases: 120 days in District court & 180 days in appellate courts. Approved as amended by Senate Judiciary Committee 2/11/14.

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. Approved by House Judiciary Committee 2/13/14.

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 Senate Public Affairs Committee 2/6/14.

Tennessee SB 1546 Terminates the judicial information system advisory committee Approved by full House 2/13/14. To Governor for approval.

Tennessee SB 1570 Terminates the Tennessee court information system (TnCIS) steering committee. Approved by full House 2/13/14. To Governor for approval.

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 full House 2/10/14.

Utah HB 279 Extends sunset date for Office of the Court Administrator to 2018. Approved by House Judiciary Committee 2/13/14.

West Virginia SB 420 Adds West Virginia Supreme Court of Appeals to state education policymaking data sharing compact. Approved by Senate Finance Committee 2/12/14.