Volume 10 Issue 6


Indicates featured legislation

Jurisdiction: Newly Introduced

Minnesota HB 2489 Prohibits civil court judges from applying foreign law. In House Civil Law and Data Practices Committee.

Jurisdiction: Floor and Committee Activity

Michigan SB 709 Provides for the implementation of a plan of concurrent jurisdiction within a judicial circuit. Subject to approval by the Supreme Court and limitations specified in the Act, within a judicial circuit, a plan of concurrent jurisdiction must be adopted by a majority vote of all of the judges of the trial courts in the plan unless a majority of all of the judges of the trial courts in that judicial circuit vote not to have a plan of concurrent jurisdiction.  Approved by full Senate 2/3/16.

South Carolina HB 3521 Prohibits use of foreign/international law in state's courts. Approved as amended by full House 2/2/16. To Senate to concur.

Qualifications and Terms: Newly Introduced

Maryland HB 481 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 73. In House Judiciary Committee.

Maryland SB 502 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 73 In Senate Judicial Proceedings Committee.

Washington HJR 4217 (Constitutional Amendment) Reduces terms of supreme court to four-years. Limits judges to two terms.  In House Judiciary Committee.

West Virginia HB 4361 Requires that senior status circuit judges only fill vacancies in districts or counties in which they were not previously elected. In House Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Florida HJR 197 (Constitutional Amendment) ORIGINAL: Creates retroactive term limits for appellate judges. Prohibits service of more than two terms. AMENDED: Specifies provisions are not retroactive. Approved by House Judiciary Committee 2/4/16.

Georgia HB 691 AS AMENDED: Requires set terms of at least 1 year in office for municipal court judges. Prohibits municipal governments from removing judges from office outside of set terms (currently serve at pleasure of governing authority) unless by 2/3rds vote and then only for specific wrongful acts detailed in bill. Approved as amended by full House 2/3/16.

New Hampshire HB 1127 Requires referees, marital referees, or marital masters serving in the superior courts and the circuit courts who are not former or retired judges to be commissioned as justices of the peace. Approved by full House 2/4/16.

Utah HB 160 ORIGINAL: Requires justice court judges be attorneys. Provides requirement contingent on passage of constitutional amendment. AMENDED: Provides only justice court judges in first, second, and third class counties must be attorneys. Approved as amended by House Judiciary Committee 2/5/16.

Rule Making Authority: Newly Introduced

Michigan SB 742 Removes specific fess for bar examination dues. Allows Supreme Court to set by administrative order. Requires supreme court allow out of state lawyers to apply to take exam. In Senate Judiciary Committee.

Wisconsin SB 671 Requests supreme court create mandatory judicial education requirement on elder law and trusts and estates. In Senate Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

Alabama HB 49 Provides that court costs and docket fees assessed by any authority other than the Constitution of Alabama of 1901, as amended, shall revert to the General Fund. Would provide that a court may not waive, set aside, or otherwise fail to collect any court costs or docket fees previously authorized and now subject to this act. In House Judiciary Committee.

Alabama SB 88 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.

Arizona SB 1510 Resets judicial productivity credits used to compute salaries for justices of the peace. In Senate Judiciary Committee.

Kansas SB 403 Prohibits municipal governments from receiving more than 10% of budget from municipal court traffic citations. In Senate Ways and Means Committee.

Missouri SB 1012 Allows any single noncharter county judicial circuit to collect a court surcharge to be used towards the maintenance and construction of judicial facilities. In Senate Judiciary Committee.

West Virginia SB 511 Creates Court Advanced Technology Subscription Fund to pay for court technology. Provides funding to come from fees on users of judiciary's technology systems.  In Senate Finance Committee.

Salary and Budget: Floor and Committee Activity

Colorado SB 60 Gradually shifts fiscal responsibility to provide for courtrooms and court facilities from counties to state. Approved by Senate Finance Committee 2/4/16

Georgia HB 635 Increases the number of years of mandatory contribution to Probate Courts Retirement Fund. Approved by House Retirement Committee 2/4/16.

Georgia HB 738 Allows excess court law library funds to be used to purchase software, equipment, fixtures, or furnishings for the office of the district attorney or solicitor-general or for county judicial facilities, including but not limited to courtrooms and jury rooms. Approved by House Governmental Affairs Committee 2/4/16.

West Virginia SB 40 Changes definition of facilities eligible for funding assistance from Courthouse Facilities Improvement Authority.  Approved by full Senate 2/4/16.

Selection: Newly Introduced

Arizona SCR 1020 (Constitutional Amendment) Ends merit selection system in state. Requires all judges be elected in partisan elections. Reduces terms of office for judges down to 2 years. Enactment contingent on adoption of constitutional amendment. In Senate Government Committee.

Georgia SB 318 Provides for nonpartisan election of county officials, including clerks of superior court. In Senate Ethics Committee.

Kansas SB 397 Requires governor release applications of those seeking to be appointed to judicial vacancies. In Senate Judiciary Committee.

Maryland HB 448 (Constitutional Amendment) Provides Circuit Court judges to be appointed by Governor, confirmed by Senate, and subject to yes/no retention elections. In House Judiciary Committee.

Rhode Island HB 7455 Requires governor and nominating authorities in making appointments to judicial nominating commission "ensure that the membership of the commission reflects the racial, ethnic, and gender diversity of the state's population." Requires commission consider diversity of bench in making recommendations and nominations. Requires nominations list sent to governor include at least one person of color. In House Judiciary Committee.

Wisconsin SB 647 Requires a judge to disqualify himself or herself from an action if, as a candidate for judicial office and within the past four years, the judge received campaign financial support of $1,000 or more from a party to the action. Specifies that financial support includes campaign contributions, independent contributions made on behalf of the judge, and independent contributions made against the judge's opponent. In Senate Judiciary Committee.

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

Iowa SB 2168 Requires creation of veterans court in every judicial district. In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

Kansas SB 17 ORIGINAL: Revises Judicial Council membership. Adds House and Senate Corrections and Juvenile Justice Committee chairs. AMENDED: Removes chief justice's power to name resident attorney members and transfers to Governor. Approved as amended by House Judiciary Committee 2/3/16.

New Mexico HJR 14 (Constitutional Amendment) Transfers adult probation to judiciary. Advanced without recommendation by House Government Committee 2/2/16.

Other: Newly Introduced

Maryland HB 496 Provides the Judicial Ethics Committee as an alternative to the Commission on Judicial Disabilities or another body designated by a specified court, shall administer and implement specified provisions of law that apply to State officials of the Judicial Branch. In House Environment and Transportation Committee.

Maryland HB 556 Prohibits a person from retaliating against a juror or officer of the court for the performance of official duties in a State or federal court. Prohibits a person from soliciting another to retaliate against a juror or officer of the court for the performance of official duties in a State or federal court. In House Judiciary Committee.

Wisconsin SB 676 Requires director of state courts remove from CCAP's Internet site all information regarding a civil case if all money judgments entered against a party in the case are satisfied in full, and seven years have passed since the date on which the judgment was satisfied in full.  In Senate Judiciary Committee.

Wisconsin SB 680 Requires director of state courts remove from CCAP's Internet site all information relating to an acquittal, a dismissed criminal charge, and a criminal conviction if the person was pardoned for committing the crime. In Senate Judiciary Committee.

West Virginia HB 4387 Allows anyone to carry concealed firearm without permit. Repeals restriction on carrying firearms into courthouses. In House Judiciary Committee.

West Virginia HB 4368 Allows the use of court bailiffs who are not law-enforcement officers. In House Judiciary Committee

Other: Floor and Committee Activity

Georgia HB 741 Modifies dates of supreme court terms. Approved by House Judiciary Committee 2/1/16.

Washington SB 6255 ORIGINAL: Requires judges recuse in cases in which they received $50 from party/attorney/lawfirm in prior 3 years. AMENDED: Requests judicial disciplinary commission create rule for mandatory recusal for $1000 in contributions. Approved as amended by Senate Law & Justice Committee 2/5/16.

Virginia HB 64 ORIGINAL: Requires the Executive Secretary of the Supreme Court to establish an electronic filing system for use by the general district courts. AMENDED: Drops any reference to e-filing system creation. Approved as amended by House Courts of Justice Committee 2/3/16.

Virginia HB 332 Provides that a judge or retired judge of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit.  Approved as amended by full House 2/3/16.

Virginia HB 442 Allows the Judicial Council to determine when the circuit courts are open subject to the current allowances in the Code for holidays and safety concerns.  Approved by House Courts of Justice Committee 2/3/16.

Virginia HB 624 Requires that the circuit court case files on crimes that are considered to be violent felonies or acts of violence be retained for 50 years or until the sentence term ends, whichever comes later. Approved by House Courts of Justice Committee 2/3/16.