Volume 9 Issue 12


Indicates featured legislation

Jurisdiction: Newly Introduced

Alabama HB 232 Increases small claims jurisdiction to $6,000. In House Commerce and Small Business Committee.

Texas SB 1090 Prohibits courts from using or referencing foreign law in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship. In Senate State Affairs Committee.

Jurisdiction: Floor and Committee Activity

Mississippi HB 177 AS AMENDED: Provides "A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890." House concurs with Senate amendment 3/12/15. To Governor for approval.

New Hampshire HB 461 Prohibits the use or application of foreign laws in the state courts. Tabled by full House 3/12/2015.

Qualifications and Terms: Newly Introduced

Missouri HB 1140 Provides no one may serve as a municipal judge and a prosecutor or criminal defense at the same time. Continues to allow municipal judges to serve as judge of several municipalities. Provides no one may serve as judge who is delinquent on back taxes or child support but allows those serving presently to continue. In House (no committee).

North Carolina HB 213 (Constitutional Amendment) Requires person be licensed attorney for at least 5 years prior to being a judge. In House Rules Committee.

North Carolina HB 214 Increases mandatory retirement age from end of month turns 72 to end of month turns 75. In House Rules Committee.

Texas HB 2858 Provides for recusal or disqualification of a statutory probate judge or other judge authorized to hear probate, guardianship, or mental health matters, and the subsequent assignment of another judge. In House Judiciary Committee.

Texas HB 2920 Provides assigned statutory probate court judge must have been an active judge at least 48 months (currently 72) to serve. In House Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Idaho SB 1027 Allows retired senior status judges to serve or work for state government, for example, as a teacher at a university. Approved by full House 3/9/2015.

North Dakota HCR 3035 (Constitutional Amendment) Requires a member of the legislative assembly, an elected executive branch officer, a justice of the supreme court, and a district court judge to be a qualified elector of the state and of the district the individual serves or represents throughout the individual's term of office. Rejected by House Judiciary Committee 3/11/2015. Rejected by full House 3/12/2015.

Tennessee HB 544 Enacts the "Senior General Sessions and Juvenile Judge Enabling Act". Enables the creation of a program whereby the supreme court can designate a senior general sessions or juvenile judge to relieve court congestion in a needed area. Approved by House Civil Justice Committee 3/10/2015.

Tennessee HB 703 Permits a county that has elected to permit judicial commissioners to receive continuing education from the general sessions judge that appointed the commissioners, rather than the judicial commissioners association of Tennessee or the Tennessee court clerks association, to rescind that action by two-thirds majority vote. Approved by House Civil Justice Subcommittee 3/11/2015.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Arizona HB 2629 Establishes the Supreme Court as the entity responsible for licensing attorneys for the practice of law in Arizona and specifies membership of any organization is not required for attorneys to become or remain a licensed attorney in Arizona. Rejected by full House 3/11/2015.

Salary and Budget: Newly Introduced

Missouri HB 1217 Establishes an Interim Committee on Traffic Fines and Court Costs to make recommendations as to the maximum amount of total annual revenue a municipality should be allowed to receive from fines and court costs for traffic violations, and whether the current restriction imposed is appropriate or the percentage should be raised or lowered. In House (no committee).

North Carolina HB 192 Directs AOC to create "compliance cost" online system for payment of violations of specified traffic and motor vehicle laws. In House Judiciary II Committee.

Texas HB 2774 Provides county judges entitled to annual salary supplement from the state in an amount equal to 25 percent of the annual compensation provided for a district judge in the General Appropriations Act (currently county judges get $15,000). In House Judiciary Committee.

Texas HB 2890 Provides county judges entitled to annual salary supplement from the state in an amount equal to 25 percent of the annual compensation provided for a district judge in the General Appropriations Act (currently county judges get $15,000). In House Judiciary Committee.

Texas SB 1136 Sets compensation of presiding judges of administrative judicial regions as a percentage of district judges' salaries. In Senate Finance Committee.

Salary and Budget: Floor and Committee Activity

Arkansas HB 1193 Clarifies that district court fees shall be credited to the general fund of the county. Approved as amended by full Senate 3/11/2015. House concurred 3/13/2015. Transmitted to Governor for approval.

Arkansas SB 886 Sets accounting standards for courts and agencies or contractors used by courts to recover criminal fees and fines. In Senate Judiciary Committee.

Georgia HB 279 Repeals annual cost of living adjustments for judges and replaces with new cost of living adjustment system. Approved by full House 3/11/2015.

Hawaii SB 1209 Harmonizes age and service requirements for judges who are members of the employees' retirement system with requirements for other contributory plan members. Approved by full Senate 3/10/2015.

Kansas HB 2112 Allows the Board of Trustees of a county law library to authorize the chief judge of the judicial district to use fees collected pursuant to the statute governing the establishment of county law libraries for the purpose of facilitating and enhancing functions of the district court of the county Approved by House Judiciary Committee 3/11/15.

Kansas SB 51 Extends Judicial Branch surcharge into FY 2017. Approved by House Judiciary Committee 3/12/2015.

Kentucky HB 241 Modifies the method of calculating the per diem salary for retired judges or justices called to temporary active judicial service. Approved by Senate Judiciary Committee 3/9/2015. Approved by full Senate 3/10/2015. Transmitted to Governor for approval.

Kentucky HB 469 ORIGINAL: Creates a Kentucky Citizens' Commission on Judicial and Legislative Compensation. Recommendations are binding unless rejected by legislature. AMENDED: Limited to Judicial Compensation only, Approved by Senate State and Local Government Committee 3/9/2015. Approved as amended by full Senate 3/11/2015. House refused to concur 3/11/2015.

Maine SB 261 Increases compensation for active retired judges. Approved by Joint Judiciary Committee 3/10/2015.

Montana HB 366 Allows a Justice of the Peace or Clerk of District Court to be paid up to an additional $2,000 per year in addition to their base salaries.  Approved by Senate Local Government Committee 3/11/2015.

Montana HB 461 Allows justice court judges to receive additional compensation for longevity in addition to their base salary. Approved by Senate Local Government Committee 3/11/2015.

New Mexico HB 487 Requires every municipality to enact an ordinance requiring assessed fees to be collected as court costs, outlines the fees to be collected upon conviction and the amount of each, details how the money collected can be used and deposited into a special fund. Balances available in the special fund in a municipality with a population less than 10,000 according to the most recent federal decennial census, which are not needed, may transfer them into the municipality’s general fund.  Approved by House Government, Elections, & Indian Affairs Committee 3/9/2015. Approved by full House 3/12/2015.

New Mexico SB 106 Allows the administrative director of the courts to receive funds to carry out the duties of the office. Approved by House Government, Elections, & Indian Affairs Committee 3/12/2015.

Oklahoma SB 456 Creates Courthouse Security Fee up to $10 in all civil cases. Rejected by full Senate 3/9/2015. Motion to reconsider approved 3/10/2015. Bill approved by full Senate

Oklahoma SB 548 Increases salaries of appellate judges and justices. Approved by full Senate 3/11/2015.

Oklahoma SB 549 Eliminates procedure linking salaries of other state officers/elected officials to judicial salaries. Approved by full Senate 3/11/2015.

Oklahoma SB 790 Repeals special fee for Oklahoma Court Information System. Approved by full Senate 3/11/2015.

Utah SB 183 Clarifies presiding/chief judges may receive salaries above those of other judges. Approved by full House 3/10/2015.

West Virginia SB 63 Expands facilities eligible for funding assistance from Courthouse Facilities Improvement Authority. Approved by House Judiciary Committee 3/10/2015.

Selection: Newly Introduced

North Carolina HB 222 For appellate races, continues nonpartisan races for initial terms but provides for yes/no retention elections for subsequent terms. In House Elections Committee.

Texas HB 2754 Eliminates certain requirements that judges gather signatures before appearing on ballot. In House Elections Committee.

Selection: Floor and Committee Activity

Arkansas HB 1457 Provides rebuttable presumption of judicial recusal where party, attorney, or law firm in case gave total percentage of contributions for judge's campaign: 10% for appellate races, 15% for circuit court, 25% for district court. Withdrawn by author 3/12/2015.

Hawaii SB 615 (Constitutional Amendment) Provides that the senate receive written notice of the governor's or the chief justice's appointment, as applicable, to fill a vacancy in the office of chief justice, supreme court, intermediate appellate court, circuit courts, and district courts concurrently with the appointment. Approved by full Senate 3/10/2015.

Iowa HB 260 Specifies that a district judge appointee shall be a resident of the judicial district to which the appointment is made before assuming office. Provides if the judicial district is divided into judicial election districts, the bill specifies that the appointee shall be a resident of the judicial election district to which the appointment is made before commencing judicial duties. Approved by full House 3/10/2015.

South Carolina SB 436 Gives members of the legislature 12 days to review recommendations of Judicial Merit Selection Commission before candidates may see pledges or commitments of support. Provides there must be at least 22 days between Commission report and vote to fill vacancy. Approved by Senate Judiciary Committee 3/11/2015.

Tennessee HB 142 Establishes legislative procedure for the appointment, confirmation and retention of appellate court judges. Approved by House Civil Justice Committee 3/10/2015.

West Virginia HB 2010 Requires nonpartisan elections of judges. Provides judges to be elected to individual seats (currently top vote-getters win). Moves elections to May. Vetoed by Governor 3/9/2015. House amended and repassed 3/9/2015. Senate concurred 3/10/2015. Transmitted to Governor for approval.

West Virginia SB 325 Requires financial disclosure statements for some judges be filed with Secretary of State rather than county clerk. Approved by full House Judiciary Committee 3/11/2015.

Structure Changes: Newly Introduced

North Carolina SB 226 Directs Legislative Research Commission study judicial district lines for possible adjustment. In Senate Rules Committee.

Texas HB 2727 Allows for multicounty statutory county courts. In House Judiciary Committee.

Texas HB 2730 Creates 15th Court of Appeals. In House Judiciary Committee.

Structure Changes: Floor and Committee Activity

Arkansas HB 1629 Requires District Court be held in each department of the district at least 1 time per month unless the city or town in which the department is located waives the requirement OR unless there are absolutely no cases to be heard. Approved by full House 3/9/2015. Approved by Senate Judiciary Committee 3/11/2015.

Montana HB 430 Creates judicial redistricting commission to recommend changes to district lines for 2017 legislature. Approved by House Local Government Committee 3/12/2015.

North Dakota HB 1076 Extends authorization for temporary court of appeals until 2020. Approved by Senate Judiciary Committee 3/11/2015. Approved by full Senate 3/12/2015.

Utah SB 214 Authorizes creation of veterans courts throughout state. Approved by House Law Enforcement and Criminal Justice Committee 3/9/2015. Approved by full House 3/12/2015.

Other: Newly Introduced

Arkansas HB 1855 Provides a "certified facility dog" may be allowed into to stay with and assist child witnesses in court, subject to Supreme Court rule.  In House Judiciary Committee.

Arkansas SB 941 Changes laws related to law clerks for appellate courts (placeholder). In Senate Judiciary Committee.

California AB 1521 Allows for electronic signatures specified for court proceedings and judgements. In Assembly (no committee).

Maine HB 611 Permits the State Court Administrator to order the disposal or destruction of unclaimed property confiscated at courthouses by judicial marshals if the property remains unclaimed for more than 30 days. In Joint Judiciary Committee.

Missouri HB 1199 Requires municipal courts to report its existence to the Office of State Courts Administrator by December 31, 2015. In House (no committee).

Oregon SB 919 Provides that person who falsely reports hazardous substance, fire, explosion, catastrophe or other emergency in court facility or public building commits crime of disorderly conduct in the first degree. In House Judiciary Committee.

Texas HB 2822 Provides for a notice or document sent by mail or electronic mail by a court, justice, judge, magistrate, or clerk of a judicial court. In House Judiciary Committee.

Texas HB 3007 Allows clerks of court to carry weapon into courthouse if they have concealed carry license. In House (no committee).

Texas SB 1116 Provides for a notice or document sent by mail or electronic mail by a court, justice, judge, magistrate, or clerk of a judicial court. In Senate State Affairs Committee.

Other: Floor and Committee Activity

Arizona HB 2013 Allows Municipal Courts to be open on Columbus Day. Approved by full Senate 3/12/2015. Transmitted to Governor for approval.

Arizona HB 2089 Makes attacks on judges for their duties aggravated assault. Approved by Senate Judiciary Committee 3/12/2015.

Arkansas HB 1456 Provides for mandatory suspension of a judge indicted or charged with a felony (currently optional suspension). Approved by House Judiciary Committee 3/12/2015.

Arkansas HB 1626 Allows elected officials to carry guns into courthouse that contains person's primary place of employment. Approved by House Judiciary Committee 3/10/2015. Approved by full House 3/12/2015.

Connecticut HB 5860 Makes Probate Court employees state employees for purposes of collective bargaining. Approved by Joint Committee on Labor and Public Employees 3/12/2015.

Indiana HB 1141 Specifies that the clerk of a circuit court shall keep a judgment docket for the circuit court and for each superior court and probate court served by the clerk and is the official keeper of the judgment docket for the circuit court and for each superior court and probate court served by the clerk. Approved by full Senate 3/10/2015.

Iowa SB 271 Details how and when persons who are limited English proficient (LEP), including those persons who are deaf, deaf-blind, or hard-of-hearing, are entitled to interpreters. Provides how interpreters are to be paid for in civil and other cases. Approved by full Senate 3/12/2015.

Maryland SB 77 Prohibits filing false liens on judges and others. Permits clerk to reject filings. Approved by Senate Finance Committee 3/13/2015.

Missouri HB 749 Includes municipal, associate circuit, and circuit judges in the classification of officials exempt from unlawful use of a weapon provisions such as a prohibition on the carrying of concealed weapons if they pass a firearms safety course. Approved by House Civil and Criminal Proceedings Committee 3/11/2015.

Montana SB 89 Requires supreme court justices and district court judges to file financial reports. Approved by House State Administration Committee 3/12/2015.

Nebraska LB 301 Allows for court opinions and the Nebraska Reports to be released and published electronically. Approved by Governor, became law 3/5/2015.

New Hampshire HB 470 Provides "In all court proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify any and all actions it finds to be unjust. The court shall allow the defendant or counsel for the defendant to explain this right of jury nullification to the jury." Tabled 3/12/2015.

New Hampshire SB 258 Changes the timing of determination of weighted case units for the purpose of calculating the judicial branch operating budget request and judicial salaries from October to July. Approved by full Senate 3/12/2015.

New Jersey AB 2481 Creates penalties for filing of false liens/documents against judges, clerks, and other officials. Allows clerks to decline to accept such documents. Approved by Senate Commerce Committee 3/9/15

New Mexico SM 89 Study the ramifications of the transfer of county employees to the magistrate courts to operate compliance programs. Approved by Senate Rules Committee 3/13/2015.

North Carolina SB 161 Allows Supreme Court to sit in its old summer-session chambers in Morganton twice a year. Approved by Senate Judiciary I Committee 3/12/2014.

Oklahoma HB 1100 Modifies various sections related to certification standards for courtroom interpreters. Approved by full House 3/9/2015.

Oklahoma HB 1125 Repeals judge's power to perform marriages. Repeals clerk of court's power to issue marriage licenses. Approved by full House 3/10/2015.

Oregon HB 2340 Restricts Social Security numbers, driver license numbers, and taxpayer identification numbers in certain court documents to last four digits of such numbers. Prohibits the inclusion of address of victim within judgment containing a money award in criminal action. Approved by full House 3/9/2015.

South Carolina HB 3722 Creates statutory Commission on Judicial Conduct (currently created by court rule). Provides if Commission finds accusation/complaint filed against judge is groundless Commission may recommend prosecution to Attorney General for misdemeanor. Provides Commission may assess civil penalty for filing of groundless complaint. Approved by Senate Judiciary Committee 3/11/2015.