Volume 9 Issue 13


Indicates featured legislation

Jurisdiction: Newly Introduced

Delaware HB 48 (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. (Second adoption, first adoption was in 2013/2014 session). In House Judiciary Committee.

Texas SJR 53 (Constitutional Amendment) Provides "the judicial branch of the State has no authority to interfere or issue a judgment or opinion on the actions of the Legislature" regarding public school funding levels. In Senate Education Committee.

Jurisdiction: Floor and Committee Activity

Maryland HB 461 Increases District Court jurisdiction from $30,000 to $50,000. Rejected by House Judiciary Committee 3/19/15.

New Hampshire HB 461 Prohibits the use or application of foreign laws in the state courts. Tabled by full House 3/12/15.

Qualifications and Terms: Newly Introduced

Connecticut HJR 67 (Constitutional Amendment) Allows Probate Court judges reaching the age of 70 to continue in office until the end of their term. In Joint Judiciary Committee.

Idaho SB 1170 Rewords and clarifies language regarding qualifications/legal residence/practice of law for magistrates and judges. In Senate Judiciary Committee.

South Carolina HB 3862 Provides where retired judge recalled into service by Chief Justice, he or she must be evaluated by Judicial Merit Selection Commission and confirmed by legislature every 2 years. In House Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Alabama HB 15 (Constitutional Amendment) ORIGINAL: Increases maximum age for election or appointment to judicial office to 75 years. AMENDED: Increases to 72. Approved by full House 3/17/15.

Arkansas HB 1202 Provides judges may serve in office until 72 (currently 70) without forfeiting retirement benefits. Approved by Joint Public Retirement Committee 3/16/15. Rejected by full House 3/17/15. Motion to reconsider failed 3/18/15.

Maryland SB 847 (Constitutional Amendment) ORIGINAL: Increases mandatory judicial retirement age from 70 to 75. AMENDED: Increases to 73. Applies only to judges elected/appointed after approval of amendment by voters. Approved as amended by Senate Judicial Proceedings Committee 3/18/15.

North Carolina HB 205 Increases mandatory retirement age from end of month turns 72 to end of month turns 75. Approved by House Judiciary IV Committee 3/18/15.

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 Committee 3/17/15.

Tennessee SB 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 Senate Judiciary Committee 3/17/15.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Arkansas HJR 1010 (Constitutional Amendment) Alters Supreme Court's power to establish rules of court (placeholder). Withdrawn by author 3/17/15.

Salary and Budget: Newly Introduced

Georgia HB 635 Increases the number of years of mandatory contribution to Probate Courts Retirement Fund. In House Retirement Committee.

Massachusetts HB 1506 Grants 5% salary increase to judges in service longer than 15 years. In Joint Judiciary Committee.

Massachusetts HB 1610 Sets judges' salaries. In Joint Judiciary Committee.

Massachusetts HB 2241 Provides survivors of judges who die "in the performance of his/her duties" are to receive maximum retirement benefits as if judge were fully vested, etc. Defines "in the performance of his/her duties" as including judicial assignments in any courthouse or other venue, such as hospitals or jails, used to conduct judicial business; to Emergency Judicial Response System assignments; to approved voluntary or assigned education programs or other assignment within the scope of his/her employment as a judge or justice. In Joint Committee on Public Service.

Massachusetts HB 2253 Expands killed in the line of duty benefits to court officers and court probation officers. In Joint Committee on Public Service.

Massachusetts HB 2373 Changes deductions made from judicial salaries for judicial pensions. In Joint Committee on Public Service.

Massachusetts HB 2378 Adjusts retirement earnings and benefits of certain senior justices. In Joint Committee on Public Service.

Massachusetts HB 2394 Expands benefits for injuries suffered in service to state to include court officers in certain cases. In Joint Committee on Public Service.

Massachusetts HB 2421 Adjusts cost-of-living pension benefits for retired judges. In Joint Committee on Public Service.

Missouri HB 1273 Allows court commissioners to obtain retirement benefits regardless of whether they completed 12 years of service. In House (no committee).

Nevada AJR 10 (Constitutional Amendment) Creates Citizens' Commission on Salaries for Certain Elected Officers to set salaries for Supreme Court, Court of Appeals, District Courts, and other state officials. Provides Commission's recommendations are binding. In Assembly Legislative Operations and Elections Committee.

Rhode Island HB 5850 Authorizes state court administrator to set salaries of magistrates and prospectively make uniform magistrates pension benefits. In House Finance Committee.

Salary and Budget: Floor and Committee Activity

Florida SB 782 Provides that the salaries of a clerk of circuit court may not be decreased under specific circumstances as the county population increases, etc.  Approved by Senate Community Affairs Committee 3/17/15.

Kentucky HB 241 Modifies the method of calculating the per diem salary for retired judges or justices called to temporary active judicial service. Signed by Governor, became law 3/19/15.

Maryland HB 54 Creates surcharges on various court filings for Circuit Court Real Property Records Improvement Fund. Approved by House Judiciary Committee 3/19/15.

Michigan SB 56 Links judicial salaries to raises/increases given to state employees. Approved by Senate Judiciary Committee 3/19/15.

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 full Senate 3/17/15.

Montana HB 461 Allows justice court judges to receive additional compensation for longevity in addition to their base salary. Approved by full Senate 3/18/15.

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 Senate Judiciary Committee 3/17/15. Approved by full Senate 3/19/15.

New Mexico HB 89 Creates Court Language Access Fund to provide court interpreters, operate and staff the New Mexico Center for Language Access, etc. Approved by Senate Judiciary Committee 3/16/15. Approved by full Senate 3/20/15.

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 Judiciary Committee 3/18/15. Approved by full House 3/19/15.

Selection: Newly Introduced

Nevada AJR 9 (Constitutional Amendment) Ends elections for District Court judges. Provides Judicial Selection Commission to recommend three names to Assembly for chamber to select. Provides judges to be renominated and reconfirmed in similar process. Extends term of office to 8 years. In Assembly Legislative Operations and Elections Committee.

Selection: Floor and Committee Activity

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 House Judiciary Committee 3/20/15.

Maryland HB 548 (Constitutional Amendment) Ends elections for Circuit Court judges. Provides judges to be appointed by Governor, confirmed by Senate, and subject to yes/no retention elections.  Rejected by House Judiciary Committee 3/19/15. Withdrawn 3/19/15.

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 full Senate 3/17/15.

Tennessee HB 142 Establishes legislative procedure for the appointment, confirmation and retention of appellate court judges. Approved by House Finance Ways & Means Subcommittee 3/18/15.

Structure Changes: Newly Introduced

Alabama SB 230 Creates Judicial Resources Allocation Commission. Requires Commission review districts/circuits most in need of judgeships annually. Permits Commission to reallocate judgeship made vacant due to death, resignation, etc. In Senate Judiciary Committee.

Kansas HB 2411 Abolishes the court of appeals. Creates court of criminal appeals and the court of civil appeals. Provides court of criminal appeals to be court of last resort for all criminal cases in state. In House Judiciary Committee.

Massachusetts HB 1656 Re-designates Housing Court Department divisions. In Joint Judiciary Committee.

Nevada AB 401 Authorizes the establishment by District Courts of courts of inquiry that may be used to exonerate convicted persons.  In Assembly Judiciary Committee.

Pennsylvania HB 789 Permits but does not require creation of mental health court divisions. In House Judiciary Committee.

Rhode Island HB 5850 Creates Veterans Treatment Calendar in District Court. Adds one judge to District Court to oversee Calendar. In House Finance Committee

Structure Changes: Floor and Committee Activity

Arizona HB 2310 Provides presiding judge of the superior court in each county may establish a mental health court to adjudicate cases filed in the superior court in the county. Approved by full Senate 3/17/15. To Governor for approval.

Maryland HB 402 Establishes the Task Force to Study the Establishment of Health Courts to study the adequacy and cost of State laws and policies relating to the litigation of medical malpractice cases and make recommendations regarding the establishment of health courts to hear medical malpractice cases and the feasibility of assigning a medical malpractice case to a single judge throughout the litigation process.  Rejected by House Judiciary Committee 3/19/15.

Maryland HB 434 Creates Aggravated Murder Court in the event death penalty is reinstated in state. Rejected by House Judiciary Committee 3/19/15.

Missouri SB 81 Provides that when an annual judicial performance report indicates for three consecutive years that a judicial circuit with a population of one hundred thousand people or more is in need of four or more full-time judicial positions then, subject to appropriations, there shall be one additional circuit judge position authorized in that circuit.  Approved by Senate Judiciary & Civil and Criminal Jurisprudence Committee 3/17/15.

South Carolina SB 426 Creates mental health court program under control of prosecutors. Judges of courts to be chosen by chief justice. Approved by Senate Judiciary Committee 3/18/15.

Washington SB 5107 Encourages the establishment of therapeutic courts. Approved by House Judiciary Committee 3/19/15.

Other: Newly Introduced

Hawaii HCR 155 Requests the Judicial Council convene committee to review Penal Code. In House Judiciary Committee.

Hawaii HCR 217 Requests the judiciary to convene a task force to examine establishing Hawaiian language resources within the judiciary. In House Ocean, Marine Resources, & Hawaiian Affairs Committee.

Hawaii HR 152 Requests the judiciary to convene a task force to examine establishing Hawaiian language resources within the judiciary. In House Ocean, Marine Resources, & Hawaiian Affairs Committee.

Hawaii HR 93 Requests the Judicial Council convene committee to review Penal Code. In House Judiciary Committee.

Hawaii SR 52 Requests judiciary conduct a study to identify traffic offenses and crimes, petty misdemeanor offenses, and misdemeanor offenses that cause a disproportionate workload for the judiciary and that may be appropriate for decriminalization as infractions. In Senate Judiciary Committee.

Massachusetts HB 1224 Creates crime of threats against members of the judiciary. Grants attorney general exclusive authority to investigate and prosecute all criminal acts and threats made against judges, justices and their immediate family members. In Joint Judiciary Committee.

Massachusetts HB 1272 Provides for enhanced for enhanced punishment for crimes committed against judges, court staff, or court employees in the performance of their duties. Provides for enhanced punishment for an assault in courthouse or on court property. In Joint Judiciary Committee.

Massachusetts HB 1285 Repeals law that documents related to a criminal case be held by the courts for 20 years. In Joint Judiciary Committee.

Massachusetts HB 1355 Directs study of feasibility of organizing the Trial Court by combining efforts, resources and functions of the various court departments to provide multiple services in locations which are easily accessible to residents. In Joint Judiciary Committee.

Massachusetts HB 1389 Expands judiciary's management advisory board to include 1 elected clerk of the court chosen by the superior court clerk’s association and 1 district court clerk chosen by the district court clerk’s association.  In Joint Judiciary Committee.

Massachusetts HB 1450 Provides for enhanced for enhanced punishment for crimes committed against judges, court staff, or court employees in the performance of their duties. Provides for enhanced punishment for an assault in courthouse or on court property. In Joint Judiciary Committee.

Massachusetts HB 1518 Provides court officers and those authorized to act as court officers have police powers when attending court proceedings. In Joint Judiciary Committee.

Massachusetts HB 1529 Provides House to commence impeachment proceedings against any judge if more than 5 people with 60 days submit affidavits or 25 people within 6 months sign an impeachment petition. In Joint Judiciary Committee.

Massachusetts HB 1544 Requires judges give jury nullification instructions to criminal juries. In Joint Judiciary Committee.

Massachusetts HB 1583 Directs executive and judicial branches create task force to develop a report examining strategies to enhance capacity to analyze administrative data to increase the performance of the criminal justice system. In Joint Judiciary Committee.

Massachusetts HB 1629 Expands judiciary's management advisory board to include 1 elected clerk of the court chosen by the superior court clerk’s association and 1 district court clerk chosen by the district court clerk’s association. In Joint Judiciary Committee.

Massachusetts HB 1630 Changes membership of judiciary's advisory committee on personnel standards. In Joint Judiciary Committee.

Massachusetts HB 1635 Removes power of Supreme Judicial Court to name first assistant clerks of courts and transfers to the clerks of court for each county. In Joint Judiciary Committee.

Missouri HB 1300 Creates Municipal Courts Bill of Rights regarding practices and processes of municipal courts. In House Civil and Criminal Proceedings Committee.

New York SB 4337 Allows town/village justices from areas not bordering the specific town/village to be called into service in emergencies. In Senate Judiciary Committee.

North Carolina HB 283 Allows Supreme Court to sit in its old summer-session chambers in Morganton twice a year. In House Judiciary IV Committee.

Other: Floor and Committee Activity

Arizona HB 2013 Allows Municipal Courts to be open on Columbus Day. Signed by Governor, became law 3/17/15.

Arizona SB 1073 Allows former judges to request that certain records containing personal information be restricted from public access. Approved by Committee of the Whole 3/18/15.

Arkansas HB 1456 Provides for mandatory suspension of a judge indicted or charged with a felony (currently optional suspension). Approved by full House 3/20/15.

Arkansas HB 1626 Allows elected officials with a concealed carry permit to carry into courthouses. Approved by full House 3/12/15.

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.  Approved by full House 3/16/15. Approved by Senate Judiciary Committee 3/18/15.

Hawaii SB 523 Requires the governor, legislature including the joint legislative access committee, and judiciary to ensure public access to information, services, and proceedings of the executive, legislative, and judicial branches. Approved by Senate Committee on Government Operations & Economic Development and Technology 3/18/15.

Hawaii SCR 18 Requests judiciary create working group to examine enhanced sentencing. Approved by Senate Committee on Judiciary & Labor 3/18/15.

Illinois HB 3933 Provides that the Illinois Access to Civil Justice Council shall develop (instead of the "General Assembly encourages the Supreme Court to develop") specified pilot programs.  Approved by House Judiciary - Civil Committee 3/18/15.

Kansas SB 232 Prohibits false lien filings against public officials. Approved by Senate Judiciary Committee 3/19/15.

Maryland HB 312 Prohibits filing false liens on judges and others. Permits clerk to reject filings. Approved by House Economic Matters Committee 3/17/15. Approved by full House 3/18/15.

Maryland HB 81 Provides that the Judicial Ethics Committee rather than the Commission on Judicial Disabilities shall administer and implement specified provisions of law that apply to State officials of the Judicial Branch. Approved by House Environment and Transportation Committee 3/16/15. Approved by full House 3/18/15.

Maryland SB 77 Prohibits filing false liens on judges and others. Permits clerk to reject filings. Approved by full Senate 3/17/15.

Montana SB 89 Requires supreme court justices and district court judges to file financial reports. Approved by full House 3/16/15. Transmitted to Governor for approval 3/20/15.

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 full Senate 3/16/15.

New Mexico SM 89 Study the ramifications of the transfer of county employees to the magistrate courts to operate compliance programs. Approved by full Senate 3/19/15.

North Carolina SB 161 Allows Supreme Court to sit in its old summer-session chambers in Morganton twice a year. Approved by full Senate 3/16/15.

North Dakota HB 1166 Removes limitation on placement of District Judges' chambers. Approved by Senate Judiciary Committee 3/18/15. Approved by full Senate 3/19/15.

North Dakota HB 1307 Creates crime of filing false lien on judges and other officials. Approved by Senate Judiciary Committee 3/18/15. Approved by full Senate 3/19/15.

Rhode Island SB 526 Eliminates the responsibility of the division of public buildings, and department of administration to acquire suitable courtrooms for the sessions of the district court. Approved by full Senate 3/17/15.

Tennessee HB 144 Establishes advisory task forces to study and report recommendations on electronic filing in state courts and the appointment of counsel for indigent defendants.  Approved by House Civil Justice Subcommittee 3/18/15.

Tennessee SB 649 Establishes advisory task forces to study and report recommendations on electronic filing in state courts and the appointment of counsel for indigent defendants.  Approved by Senate Government Operations Committee 3/18/15.

Texas HB 1080 Expands existing statute restricting release of home addresses and similar information found on driver's licenses of judges to include that associate judges' and statutory probate judges' information may not be release. Approved by House Judiciary & Civil Jurisprudence Committee 3/17/15.

Texas SB 306 Details information State Commission on Judicial Conduct must release every year must include the number of complaints received by the commission, the number of complaints dismissed without commission action and the reasons (facts alleged did not constitute judicial misconduct, facts alleged did not constitute judicial misconduct or disability, allegation determined unfounded or frivolous). Requires disclosure of number of each type of judicial misconduct or disability that resulted in sanction or censure of a judge. Approved by Senate State Affairs Committee 3/16/15.