Volume 8 Issue 9

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

New Hampshire CACR 18 (Constitutional Amendment) Provides legislature may create "redress of grievance" panels to hear appeals of jury verdicts in criminal cases and jury decisions in civil cases. Rejected by House Judiciary Committee 2/21/14.

Wisconsin AB 161 AS AMENDED BY SENATE: Provides final or interlocutory order finding law unconstitutional is immediately appealable as a matter of right. Assembly concurs with Senate amendment 2/18/14. To Governor for approval

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Georgia SB 341 Allows probate clerk who are attorneys for at least 3 years to exercise power of probate judge in uncontested matters. Approved by full Senate 2/20/14.

Oregon SJR 203 (Constitutional Amendment) Rescinds SJR 34 of 2013. 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 full Senate 2/21/14.

Virginia SB 170 AS AMENDED: Increases the mandatory judicial retirement age from 70 to 73. Approved as amended by House Courts of Justice Committee 2/17/14.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

Alabama HB 496 Allows probate judges to purchase additional retirement credits in the Judicial Retirement Fund of Alabama if they have requisite years of creditable service. Requires counties to contribute to retirement. In House State Government Committee.

Salary and Budget: Floor and Committee Activity

Georgia HB 292 Sets maximum average final monthly compensation from Magistrates Retirement Fund of Georgia. Approved by House Retirement Committee 2/19/14.

Georgia HB 601 Restricts and repeals an automatic cost-of-living benefit increase of retirement benefits under Judges of the Probate Courts Retirement Fund. Provides for a portion of fines and forfeited bonds for criminal, quasi-criminal, and civil cases for violating state statutes or traffic laws be paid to the fund. Approved by House Retirement Committee 2/19/14.

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 Finance Committee 2/19/14.

Hawaii SB 2082 Authorizes additional land court fees to be established by court or administrative rule. Approved by Senate Ways & Means Committee 2/19/14.

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 full Senate 2/18/14. To Governor for approval.

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 by House 2/17/14. Approved by full Senate 2/19/14. To Governor for approval.

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 House 2/19/14. To Governor for approval.

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 House 2/19/14. To Governor for approval.

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 House 2/19/14. To Governor for approval.

Oklahoma HB 2475 Retains procedure linking salaries of other state officers/elected officials to judicial salaries. Requires Board of Judicial Compensation examine the salaries of those other state officers/elected officials separately and report recommendations for the particular salaries of the particular officers. Approved by House Government Modernization Committee 2/20/14.

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 Senate Rural Communities and Economic Development Committee 2/21/14.

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 House 2/19/14. To Governor for approval.

West Virginia HB 4430 Removes compensation caps for court secretary-clerks and case coordinators. Approved by House Judiciary Committee 2/19/14.

Wyoming SB 14 Creates court security assistance fund under the control of the Supreme Court & its court security commission to disburse funds to localities as a supplement but not a replacement for county funding of court security. Appropriates $10,000,000 to fund. Approved by full Senate 2/17/14.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Alabama SB 91 (Constitutional Amendment) Permits recall of all elected officials, including judges. Approved by Senate Constitution, Campaign Finance, Ethics, and Elections Committee 2/20/14.

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 full House 2/19/14.

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 full House 2/19/14.

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 full House 2/19/14. To appear on 2014 ballot.

Oklahoma SB 1988 Vacates all current judicial nomination committee members selected by Oklahoma State bar. Removes Oklahoma Bar's power to name attorney members to judicial nominating commissions. Provides House and Senate leaders to name attorney members. Approved by Senate Rules Committee 2/19/14.

South Dakota HB 1233 Allows for recall of any elected official, including judges. Killed by House State Affairs Committee 2/19/14.

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 full House 2/20/14.

Tennessee HB 2358 Revives and reconstitutes the judicial nominating commission. New commission members to be appointed entirely by House and Senate Speakers. Approved by House Courts of Justice Civil Subcommittee 2/19/14.

Virginia HB 272 Provides judicial performance evaluation program reports are public records, but all other records created or maintained by or on behalf of the program are confidential. Approved by Senate Courts of Justice Committee 2/19/14.

Vermont HB 739 ORIGINAL: Removes requirement that rules promulgated by the Judicial Nominating Board comply with manner/procedure laid out in Administrative Procedures Act. AMENDED: Strike reference to Administration Procedures Act. Provides application form for judicial vacancies does not need to be included in Board's rules. Approved by full House 2/12/14.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Hawaii SB 632 Establishes environmental courts as divisions within the circuit courts. Approved by Senate Judiciary Committee 2/20/14.

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

Utah HB 336 ORIGINAL: Creates Court System Task Force to review structure, jurisdiction, and organization of the court system. AMENDED: Same, but adds members to task force. Approved as amended by House Judiciary Committee 2/18/14.

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 House Courts of Justice Committee 2/21/14.

Washington HB 2556 Authorizes and encourages the establishment of therapeutic courts such as drug courts, veterans courts, and mental health courts. Approved by full House 2/17/14.

Other: Newly Introduced

Connecticut SB 152 Allows authorized Judicial Branch employees to access the Connecticut on-line law enforcement communications teleprocessing (COLLECT) system regarding branch job applicants or employees or job applicants at agencies under contract with the branch who will have access to criminal justice information. In Joint Judiciary Committee.

Georgia SR 986 Creates Senate Unified Courts Technology Study Committee to examine technologies used in the courts. In Senate Science and Technology Committee.

Idaho SB 1356 Enacts Uniform Electronic Legal Material Act. Provides for official publication of decisions of the Supreme Court and Court of Appeals. In Senate State Affairs Committee.

South Carolina HB 4742 Prohibits filing false liens on judges and other public officials. In House Judiciary Committee.

Wisconsin SB 620 Requires removing from records and from the Consolidated Court Automation Programs Internet site a criminal conviction if the person who was convicted has been pardoned. In Senate Judiciary Committee.

West Virginia HB 4598 Requires the West Virginia Supreme Court of Appeals to maintain a searchable, criminal database containing copies of all arrests and convictions. In House Judiciary Committee.

Other: Floor and Committee Activity

Arizona SB 1266 Allows an elected or appointed judicial officer, under certain conditions, to carry a deadly weapon in the court facility where the judicial officer works. Approved as amended by Senate Judiciary Committee 2/17/14.

Georgia SB 386 Prohibits the public disclosure of social security numbers, taxpayer identification numbers, and financial account numbers in court documents. Approved by Senate Judiciary Committee 2/21/14.

Indiana SB 3 Increases punishment for batteries committed on judges. Allows judges to carry firearms in the same places and manner as law enforcement. Approved by House Courts and Criminal Code Committee 2/20/14.

Kansas HB 2448 Provides dissemination of personal information of judge or judge's family in certain instances is a crime. Approved by full House 2/21/14.

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 full House 2/20/14.

New Mexico SJM 26 Requests Administrative Office of the Courts examine study equity in awarding child support and how child support payments are calculated. Approved by full Senate 2/19/14. Approved by full House 2/20/14. No further approvals required.

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. Approved by House Public Safety Committee 2/19/14.

South Carolina SB 405 Provides judiciary and not state ethics commission to handle complaints against administrative law judges for possible violations of the Code of Judicial Conduct in the same manner as complaints against other judges. Approved by full House 2/20/14.

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 Senate Government Operations and Political Subdivisions Committee 2/18/14.

Virginia HB 143 Provides that documents required to be posted by a clerk on or at the front door of a courthouse or on a public bulletin board at a courthouse may instead be posted on the public government website of the locality served by the court.  Approved by Senate Courts of Justice Committee 2/19/14.

Virginia HB 161 Allows counsel and parties in a general district court to make recordings of proceedings by method other than tape recording. Approved by Senate Courts of Justice Committee 2/19/14.

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.  Approved by Senate Courts of Justice Committee 2/19/14.

West Virginia SB 420 Adds West Virginia Supreme Court of Appeals to state education policymaking data sharing compact. Approved by full Senate 2/17/14.