Volume 9 Issue 8


Indicates featured legislation

Jurisdiction: Newly Introduced

Iowa SB 184 Increases small claims jurisdiction from $5,000 to $10,000. In Senate Judiciary Committee.

Maryland HB 461 Increase District Court jurisdiction from $30,000 to $50,000. In House Judiciary Committee.

Texas SB 531 Prohibits use of foreign/international law in cases involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state. In Senate State Affairs Committee.

Jurisdiction: Floor and Committee Activity

Montana SB 199 Prohibits use of foreign law in state's courts. Defeated on 6-6 tie in Senate Judiciary Committee 2/10/15.

New Hampshire CACR 3 (Constitutional Amendment) Provides legislature alone shall have the authority and full discretion to define reasonable standards for elementary and secondary public education and to establish reasonable standards of accountability therefore. Provides legislature alone shall have full discretion to determine the amount of, and methods of raising and distributing, state funding for education. Rejected by full Senate 2/12/15.

Washington SB 5125 Increases District Court jurisdiction from $75,000 to $100,000.  Approved by Senate Law & Justice Committee 2/10/15.

Qualifications and Terms: Newly Introduced

Arkansas HJR 1027 (Constitutional Amendment) Extends terms for clerk of court from 2 years to 4. In Joint Committee on Constitutional Amendments.

Arkansas SJR 5 (Constitutional Amendment) Extends terms for clerk of court from 2 years to 4. In Joint Committee on Constitutional Amendments.

Connecticut HB 6171 Reduces judicial terms for those appointed by governor (i.e. all but probate court) in office from 8 years to 4 years. In Joint Judiciary Committee.

Connecticut HJR 34 (Constitutional Amendment) Reduces judicial terms for those appointed by governor (i.e. all but probate court) in office from 8 years to 4 years. In Joint Judiciary Committee.

New Mexico HB 371 Requires Magistrate Judges have at least a bachelor's degree. In House Government, Elections & Indian Affairs Committee.

Tennessee HB 526 Permits the supreme court to commission as senior judge a state trial court judge who served at least one full eight-year term but was not reelected following the judge's most recent term of judicial service.  In House (no committee).

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. In House Civil Justice Committee.

Tennessee SB 408 Permits the supreme court to commission as senior judge a state trial court judge who served at least one full eight-year term but was not reelected following the judge's most recent term of judicial service.  In Senate Judiciary Committee.

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. In Senate Judiciary Committee.

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. In House (no committee).

Qualifications and Terms: Floor and Committee Activity

Pennsylvania HB 89 Increases mandatory judicial retirement age to 75, contingent on passage of constitutional amendment. Approved by full House 2/10/15.

Pennsylvania HB 90 (Constitutional Amendment) Increases mandatory judicial retirement age from 70 to 75. Approved by full House 2/10/15.

Pennsylvania HB 221 Allows for training for judges in the identification and recognition of individuals with a mental health condition, autism, or an intellectual disability.  Approved by full House 2/10/15.

Utah HB 137 ORIGINAL: Repeals the mandatory judicial retirement age. AMENDED: Increases mandatory retirement age from 75 to 80. Approved as amended by House Judiciary Committee 2/10/15.

Utah SB 79 Provides justices of the peace as subject to impeachment for high crimes and misdemeanors or malfeasance in office. Approved by full Senate 2/11/15.

Virginia HB 1984 ORIGINAL: Increases the mandatory retirement age of judges from 70 to 73 if, for any judge who attains 70 years of age, the General Assembly authorizes the judge to continue serving the current term or upon expiration of the current term elects such judge to an additional term. AMENDED: Increases the mandatory retirement age of judges from 70 to 73 without conditions. Approved as amended by full House 2/10/15.

Virginia SB 1196 Increases the mandatory retirement age for judges from 70 years of age to 73 years of age.  Approved by House Courts of Justice Committee 2/11/15.

Rule Making Authority: Newly Introduced

Arkansas HJR 1010 (Constitutional Amendment) Alters Supreme Court's power to establish rules of court (placeholder). In Joint Committee on Constitutional Amendments.

Arkansas HJR 1014 (Constitutional Amendment) Alters Supreme Court's power to establish rules of court (placeholder). In Joint Committee on Constitutional Amendments.

Arkansas HJR 1016 (Constitutional Amendment) Alters Supreme Court's power to establish rules of court (placeholder). In Joint Committee on Constitutional Amendments.

Arkansas SJR 8 (Constitutional Amendment) Alters Supreme Court's power to establish rules of court (placeholder). In Joint Committee on Constitutional Amendments.

Arkansas SJR 12 (Constitutional Amendment) Alters judiciary article (placeholder). In Joint Committee on Constitutional Amendments.

Arkansas SJR 15 (Constitutional Amendment) Alters Supreme Court's power to establish rules of court (placeholder). In Joint Committee on Constitutional Amendments.

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. In House Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

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.  Prefiled.

Florida SB 838 Provides that retired justice or retired judge is not subject to certain restrictions on employment after retirement otherwise applicable to retired employees. Provides retired justice or retired judge who returns to temporary employment as a senior judge in any court may continue to receive a distribution of his or her retirement account after providing proof of termination from his or her regularly established position. Prefiled.

Georgia HB 279 Repeals annual cost of living adjustments for judges. In House Appropriations Committee.

Maryland SB 64 Requires surcharge on specified fees, charges, and costs in specified cases to be deposited in the Circuit Court Real Property Records Improvement Fund. In Senate Judicial Proceedings Committee.

Minnesota HB 686 Reduces numerous court fees. In House Public Safety and Crime Prevention Policy and Finance Committee.

Montana HB 461 Allows justice court judges to receive additional compensation for longevity in addition to their base salary. In House Judiciary Committee.

Nebraska LB 297 Changes the salaries of Supreme Court judges. In Senate Judiciary Committee.

Nevada SB 69 Modifies Judicial Retirement Plan. Allows retired judge to come back into service as senior judge within 90 days of retirement (currently must wait 6 months). Prefiled.

Ohio SJR 1 (Constitutional Amendment) Creates salary commission to recommend increases or decreases in salaries for judges and other public officials. Eliminates provision that judges' salaries "shall not be diminished during their term of office."  In Senate Finance Committee.

Oregon HB 2965 Modifies annual salaries of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts. In House Judiciary Committee.

Pennsylvania HB 320 (Constitutional Amendment) Provides all costs and fees collected by courts in state to go to Judiciary Operations Fund under control of Supreme Court. Provides Supreme Court to make its own budget and expense fund from Judiciary Operations Fund. Provides if Fund is insufficient to maintain courts, Supreme Court may ask for additional appropriations from executive and legislature.  In House Judiciary Committee.

Pennsylvania HB 354 Discontinues fees allocated to Judicial Computer System Augmentation Account and redirects to State Police. In House Judiciary Committee.

Utah SB 183 Clarifies presiding/chief judges may receive salaries above those of other judges. In Senate Judiciary 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 by full House 2/6/2015.

Colorado SB 89 Gradually shifts fiscal responsibility to provide for courtrooms and court facilities from counties to state. Approved by Senate State, Veterans, & Military Affairs Committee 2/9/15.

Indiana HB 1425 Increases the automated record keeping fee collected after June 30, 2015, from $5 to $9. Provides that 100% of the automated record keeping fee is distributed to the auditor of state for deposit in the state user fee fund. Increases the document storage fee from $2 to $4. Approved by House Courts and Criminal Code Committee 2/5/15.

Indiana SB 422 AS FLOOR AMENDED: Requires clerks collect $2 court security fees and distribute 100% to the auditor of state for transfer to fund administered by the Indiana judicial center. Authorizes the judicial center to award grants from the fund to defray the costs of installing, operating, maintaining, and upgrading security measures, plans, procedures, and systems in and around: (1) courtrooms; and (2) buildings that contain courtrooms; located in the county. Floor amended 2/12/15.

Kansas SB 51 Extends Judicial Branch surcharge into FY 2017. Approved by Senate Committee on Judiciary 2/9/2015.

Hawaii HB 791 Harmonizes age and service requirements for judges who are members of the employees' retirement system with requirements for other contributory plan members. Approved by House Labor Committee 2/10/15.

New Hampshire SB 65 Adds judicial branch employee member to the deferred compensation commission. Approved by full Senate 2/12/15.

New Hampshire SB 90 Changes to the preparation process for the judicial branch budget. Approved by full Senate 2/12/15.

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 House Judiciary Committee 2/9/15.

Oklahoma SB 456 Creates Courthouse Security Fee up to $10 in all civil cases. Approved by Senate General Government Committee 2/9/15.

Oklahoma SB 549 Eliminates procedure linking salaries of other state officers/elected officials to judicial salaries. Approved by Senate Appropriations Committee 2/11/15.

Oklahoma SB 790 Repeals special fee for Oklahoma Court Information System. Approved by Senate Appropriations Subcommittee 2/11/15.

Virginia SB 736 Increases from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse security.  Killed by House Committee on Militia, Police, and Public Safety 2/13/2015.

Selection: Newly Introduced

Arkansas HJR 1005 (Constitutional Amendment) Ends nonpartisan elections for supreme court. Creates merit/commission system with retention elections. In Joint Committee on Constitutional Amendments.

Arkansas HJR 1015 (Constitutional Amendment) Changes method of judicial selection (placeholder). In Joint Committee on Constitutional Amendments.

Illinois HJR 25 (Constitutional Amendment) Provides that, whenever a vacancy occurs in the office of Supreme, Appellate, or Circuit Judge by death, resignation, retirement, removal, or upon the conclusion of the judge's term without retention in office, the Governor shall fill that vacancy by appointing one of 3 qualified persons who are nominated by a nonpartisan judicial commission. Creates separate nonpartisan judicial commissions for the Supreme Court, for each Judicial District, and for each Judicial Circuit. Sets forth the membership of the commissions. In House Rules Committee.

Kansas HB 2301 Authorizes the House committee on judiciary to meet when the legislature is not in session for the purpose of judicial nominations (if HCR 5012 is enacted). In House Judiciary Committee.

Kansas HCR 5012 (Constitutional Amendment) Abolishes supreme court nominating commission. Provides supreme court justices appointed by governor from nominees submitted by House Judiciary committee, subject to Senate confirmation. In House Judiciary Committee.

Kansas HCR 5013 (Constitutional Amendment) Changes supreme court nominating commission membership: 4 members chosen by election of bar members (one per congressional district); 5 members chosen by governor (one per congressional district + 1 statewide to serve as chair); 6 members chosen by legislature (2 House Speaker; 1 House Minority Leader; 2 Senate President; 1 Senate Minority Leader). In House Judiciary Committee.

Kansas SB 197 Applies the open meetings act to the supreme court nominating commission and judicial district nominating commissions. Applies the open records act to certain attorney information. Requires attorneys to document certain eligibility requirements to vote in the commission selection process. In Senate Judiciary Committee.

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.  In House Judiciary Committee.

Maryland SB 367 (Constitutional Amendment) Ends elections for Circuit Court. Requires the Governor, by and with the advice and consent of the Senate, to appoint judges and to reappoint and reconfirm for additional terms. Reduces term of office of circuit court judges from 15 to 10 years. Allows but does not require Governor create judicial nominating commission; if such commission created must reflect diversity of state. In Senate Judicial Proceedings Committee.

Minnesota HB 676 Removes Designation of "incumbent" from ballot for judicial offices. In House Government Operations and Elections Policy Committee.

Minnesota HB 678 In judicial districts that contain multiple counties, provides judges to be elected from county in which their chambers is located. In judicial districts made up of a single county, provides judges to be elected from judicial precincts. In House Government Operations and Elections Policy Committee.

New Mexico HJR 11 (Constitutional Amendment) Provides for nonpartisan judicial elections. In House Government Committee.

Oklahoma SJR 32 (Constitutional Amendment) Ends state's merit/commission selection system. Allows governor to appoint any qualified person with Senate confirmation. Allows commission prior to submission to Senate to rate person qualified or not qualified. In Senate Rules Committee.

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. In Senate Judiciary Committee.

Selection: Floor and Committee Activity

Iowa HSB 43 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 House Judiciary Committee 2/11/2015.

Kentucky HB 63 Establishes clean judicial elections fund for use in races for Supreme Court. Provides for funding via income tax designation & voluntary contributions. Approved by House Judiciary Committee 2/12/15.

Montana HB 255 Requires mandatory judicial recusal for contributions over $35. Puts law before voters in November 2016 as referendum. Tabled in House Judiciary Committee 2/11/15.

South Carolina SB 1 AS AMENDED: Prohibits legislator from being elected to judgeship within 2 years of leaving office. Prohibits legislator from pledging to support/vote for judicial candidate until after Judicial Merit Selection Commission makes its report to full legislature. (In South Carolina, judges of top courts are elected by legislature). Rejected by full Senate 2/11/15.

Montana HB 220 Defines/redefines "State judicial district" and "judicial district" for purposes of recalling judges. Allows judges of higher courts to be recalled for any reason. Tabled in House State Administration Committee 2/9/2015.

Montana SB 72 Repeals law prohibiting political party endorsement of judicial candidates. Approved by House State Administration Committee 2/13/15.

New Hampshire CACR 8 (Constitutional Amendment) Provides judges to be nominated by the Governor and the Council and confirmed by a majority of the Legislature in joint session. Rejected by full House 2/11/15.

Utah SB 141 Requires the justice court nominating commission to submit three names to the appointing authority. Approved by full Senate 2/13/15.

Washington SJR 8205 (Constitutional Amendment) Requires justices of supreme court be elected: 3 districts containing 3 justices each.  Approved by Senate Law & Justice Committee 2/11/15.

Structure Changes: Newly Introduced

Iowa HB 182 Direct Supreme Court study creation of Family Court in state. In House Judiciary Committee.

Maryland HB 434 Creates Aggravated Murder Court in the event death penalty is reinstated in state. In House Judiciary Committee.

Missouri HB 525 Specifies that drug courts must be established by every circuit court.  In House (no committee).

Missouri HB 608 Authorizes circuit courts to establish a landlord-tenant court/docket. In House Civil and Criminal Proceedings Committee.

Tennessee HB 854 Authorizes creating of veterans courts in state. In House (no committee).

Tennessee SB 711 Authorizes creating of veterans courts in state. In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

Arizona HB 2076 ORIGINAL: Representation of corporations in court. AMENDED: Expands Supreme Court from 5 to 7 seats. Approved as amended by House Judiciary Committee 2/11/15.

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 House Rules Committee 2/9/15.

Kentucky SB 49 Requires the Supreme Court to analyze and propose adjustments to the Commonwealth's judicial circuits and districts and the judicial assignments therein to account for population changes and caseloads in the same years as legislative redistricting is required.  Approved by Senate State & Local Government Committee 2/11/15.

Mississippi SB 2756 Redistricts state’s Circuit and Chancery Courts. Approved by full Senate 2/11/15.

North Dakota HB 1076 Extends authorization for temporary court of appeals until 2020. Approved by House Judiciary Committee 2/9/15. Approved by full House 2/10/15.

Other: Newly Introduced

Illinois HB 2426 Requires drug/alcohol testing of all judges. In House Rules Committee.

Other: Floor and Committee Activity

Arizona HB 2089 Makes attacks on judges for their duties aggravated assault. Approved as amended by House Judiciary Committee 2/11/15.

Arizona HB 2013 Allows Municipal Courts to be open on Columbus Day. Approved by full House 2/9/15.

Maryland SB 445 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. In Senate Education, Health, and Environmental Affairs Committee

Nevada AB 68 Modifies state Commission on Judicial Discipline. Provides that no court other than the Supreme Court may exercise jurisdiction over a complaint or action filed in connection with any proceeding of the Commission. Authorizes Commission to collect attorney’s fees and costs from a person who files such a complaint or action in a court lacking jurisdiction. Requires the Commission or its staff to examine each complaint the Commission receives. Provides confidentiality of proceedings extends after filing of formal charges. Provides minutes of Commission deliberative sessions are confidential. Provides that a determination or finding by the Commission is not required to be in writing unless otherwise expressly provided by law. Approved by Assembly Judiciary Committee 2/13/15.

Nevada AB 69 Removes existing provisions requiring courts apply for a waiver of the requirement for courts to recycle and, instead, requires courts to recycle to the extent reasonably possible. Requires the table of Supreme Court Clerk fees to be posted by conventional or electronic means and requires the table of fees to be posted on the Internet website of the Clerk. Requires all courts report statistical data to Court Administrator pursuant to the uniform system for collecting and compiling statistical information concerning the State Court System which is prescribed by the Supreme Court. Authorizes justices of the peace and clerks of the district courts to maintain in electronic format the fee book required by existing law. Requires justices of the peace and clerks of the district courts to submit to the county official designated by the board of county commissioners a monthly financial statement of the fees collected by them rather than a quarterly financial statement and post tables of fees by conventional or electronic means in their offices and on their Internet websites. Change the term "county clerk" to "clerk of the court" in various statutes relating to the fees charged for the filing of certain documents in the district court and other services provided by the clerk of a district court. Removes certain provisions requiring the Clerk of the Supreme Court to publish a list of certain cases in a newspaper, establishing penalties for justices of the peace and county clerks who fail to perform certain duties, requiring justices of the peace to keep records of certain traffic violations, and requiring the Nevada Supreme Court to decide an appeal from a judgment imposing the death penalty within a certain period. Approved by Assembly Judiciary Committee 2/13/15.

New Hampshire HB 172 Creates commission to study the operations of small claims court. Rejected by full House 2/14/15.

New Hampshire HB 246 Specifies failure to deliver a jury nullification instruction subjects judge to impeachment for maladministration. Rejected by full House 2/11/15.

New Hampshire HB 247 Prohibits the assignment and acceptance of recommendations of unauthorized judicial referees. Provides judges who assign/accept subject to impeachment for maladministration. Rejected by full House 2/11/15.

New Hampshire HR 7 Directing the house of representatives to investigate whether grounds exist to impeach Judge Jacalyn Colburn for her decision in City of Nashua v. William M. Gardner, Secretary of State. Rejected by House Judiciary Committee 2/13/2015.

North Dakota HB 1307 Creates crime of filing false lien on judges and other officials. Approved by full House 2/6/15.

North Dakota SB 2161 Creates interdisciplinary committee on problem-solving courts. Approved by full Senate 2/9/15.

Oklahoma HB 1100 Modifies various sections related to certification standards for courtroom interpreters. Approved by House Judiciary & Civil Procedure Committee 2/10/2015.

Tennessee HB 738 Expands the number of legislative committees to receive reports from the administrative director of the courts following the appointment of additional senior justices or judges In House Civil Justice Committee.

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.  In Senate Government Operations Committee.

Tennessee SB 749 Expands the number of legislative committees to receive reports from the administrative director of the courts following the appointment of additional senior justices or judges In Senate State and Local Government Committee.

Virginia HJR 598 Creates a joint subcommittee to study the use of driver's license suspension as a collection method for unpaid court fines and costs and make recommendations for improvements to the current law.  Approved by full House 2/9/15.

Virginia SB 789 Permits the Committee on District Courts to adopt an official seal and authorize its use by district court clerks and deputy district clerks.  Approved by House Courts of Justice subcommittee 2/11/15.