Jurisdiction: Newly Introduced
Utah SB 181 Provides that, in a legal action filed against a county, a district court judge of the defendant county may transfer venue to any county contiguous to the defendant. In Senate Judiciary Committee.
Jurisdiction: Floor and Committee Activity
Arizona HB 2201 Prohibits state courts from enforcing "federal actions" including federal court decisions unless decisions approved by Congress and/or state legislature. Approved by full House 2/18/16.
West Virginia SB 274 ORIGINAL: Increases jurisdiction of Magistrates Courts from $5,000 to $30,000. AMENDED: Increase to only $10,000. Approved as amended by Senate Judiciary Committee 2/20/16.
Qualifications and Terms: Newly Introduced
NONE
Qualifications and Terms: Floor and Committee Activity
Georgia SB 370 Allows clerk of superior court to obtain required 15 hours of training per year from professional court management associations or an accredited college or university. Approved by full Senate 2/19/16.
Indiana SB 81 Allows a senior judge or a judge pro tempore serving in a county that has more than one superior court judge to, with the consent of any judge of a superior court in the county, sit as the judge of the superior court in any matter as if the senior judge or judge pro tempore were the elected judge or appointed judge of the superior court. Approved by full House 2/16/16. To Senate to concur with House amendments.
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 and second class counties must be attorneys. Approved as amended by full House 2/18/16.
Virginia HB 1245 Broadens the age 73 mandatory retirement provision to include all judges regardless of when elected by the General Assembly. Approved by full House 2/16/16.
Rule Making Authority: Newly Introduced
NONE
Rule Making Authority: Floor and Committee Activity
New Hampshire HB 1522 Adopts Federal Rules of Civil Procedure as law. Rejected by House Judiciary Committee 2/18/16.
Salary and Budget: Newly Introduced
California AB 2244 Authorizes an agent of the court to impose a fee, subject to Judicial Council approval, for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer. In Assembly (no committee).
California AB 2485 Authorizes a trial court to petition the Department of Finance to carry over funds in an amount greater than 1% of the court’s operating budget from the prior fiscal year. In Assembly (no committee).
Hawaii SB 2244 Provides that a member of the employees' retirement system who first earned credited service as a judge after June 30, 2016, and has at least twelve years of credited service and attained age sixty, or has at least twenty-five years of credited service and has attained age fifty-five is eligible to receive a pension after retirement. Reduces the retirement allowance for a member who first earned credited service as a judge after June 30, 2016, to two per cent of the member's average final compensation, reduced for each month the member's age at the date of retirement is below age sixty. In Senate Ways and Means Committee.
Illinois SB 3162 Provides that in specified circumstances, the clerk of the circuit court shall collect an additional $7 e-business fee. Provides that the clerk shall remit the fee to the State Treasurer within one month after receipt for deposit into the Supreme Court Special Purposes Fund. Provides that moneys in the Supreme Court Special Purposes Fund shall, among other things, be used by the Supreme Court for costs associated with electronic filing and other e-business programs and case management systems in the circuit courts. In Senate Assignments Committee.
Kansas HB 2705 Grants Supreme Court power to set numerous docket fees. In House Judiciary Committee.
Missouri SJR 40 (Constitutional Amendment) Provides that when the Citizens' Commission on Compensation for Elected Officials establishes the compensation amount for judges and others they do so at a specific dollar amount. In Senate Rules Committee.
Rhode Island HB 7638 Removes the thirty day mail notice requirement which must be provided to those owing overdue court fees due prior to their names being published. In House Judiciary Committee.
Tennessee SB 2022 Allows the supreme court, through order or rule, to set all filing costs, fees, charges, and surcharges for documents filed in and functions performed by the clerks of the appellate courts or board of judicial conduct. In Senate Judiciary Committee.
Salary and Budget: Floor and Committee Activity
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 full House 2/16/16.
Georgia HB 939 Revise the procedures for the transfer of setoffs by the Administrative Office of the Courts to the court to whom the debt is owed. Approved by House Ways & Means Committee 2/17/16.
Michigan SB 56 Links judicial salaries to raises/increases given to state employees. Senate concurs with House amendment 2/17/16. To Governor for approval.
New Hampshire HB 1575 Prohibits the supreme court from establishing court fees for civil cases and appeals of civil cases which are actions against governmental entities or officials or employees of governmental entities. Rejected by House Judiciary Committee 2/18/16.
New Hampshire HB 1582 Eliminates the weighted caseload method of compensation for part-time district and probate court judges and requires them to be paid the same salaries as full-time judges. Rejected by House Judiciary Committee 2/17/16.
New Mexico SB 97 Creates a nonreverting “judge pro tempore fund” in the state treasury to be managed by the Administrative Office of the Courts (AOC) through vouchers to compensate appointed judges pro tempore who serve temporarily in district courts. Approved by full House 2/16/16. To Governor for approval.
New Mexico SB 210 Creates Court Language Access Fund to provide court interpreters and to operate and staff the New Mexico Center for Language Access, etc. Approved by full House 2/16/16. To Governor for approval.
Oklahoma HB 3160 Allows courts to waive all outstanding fines, court costs and fees in a criminal case if person has served their time, been released, and has complied with probation or supervision requirements and has made installment payments for prior 24 months. Approved by House Appropriations and Budget Committee 2/18/16.
Oregon HB 4093 Allows presiding judge of judicial district to impose surcharge on parking and traffic violations if county receives Article XI - Q bond proceeds for county courthouse repair or replacement, debts related to such bonds, or bonds owing from lease or purchased real estate or local government borrowing. Requires county commissioners to suggest amount of surcharge, but no more than $5 per fine, and requires Chief Justice approve of the surcharge. Approved by House Judiciary Committee 2/15/16.
South Dakota SB 13 Establishes a new retirement benefit structure for certain public employees who are members of the South Dakota Retirement System including judges. Approved by full House 2/17/16. To Governor for approval.
Tennessee HB 1791 Allows the supreme court, through order or rule, to set all filing costs, fees, charges, and surcharges for documents filed in and functions performed by the clerks of the appellate courts or board of judicial conduct. Approved with House amendment by House Civil Justice Committee 2/16/16.
West Virginia SB 339 ORIGINAL: Creates Judicial Compensation Commission. Provides Commission's recommendations go into effect unless resolution for override by 60% of House and Senate approved. AMENDED: Removes 60% override provision. Legislature must approve any recommended salary increase. Approved as amended by Senate Judiciary Committee 2/18/16.
West Virginia SB 510 Creates Adult Drug Court Participation Fund. Approved by full Senate 2/16/16.
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. Approved by full Senate 2/16/16.
Selection: Newly Introduced
South Carolina SB 1082 Prohibits family members of legislators from seeking judicial office for 1 year after legislator leaves office. In Senate Judiciary Committee.
South Carolina SB 1083 Provides General Assembly shall schedule a separate joint session on different legislative days for the election of judges and justices to each of the following courts: the Supreme Court, court of appeals, circuit court, family court, Administrative Law Court, and master-in-equity. In Senate Judiciary Committee.
South Carolina SB 1099 Removes legislature's power to elect Family Court judges. Provides governor to appoint from list provided by concurrent resolution of House and Senate. In Senate Judiciary Committee.
South Carolina SB 1100 (Constitutional Amendment) Ends legislative election of Supreme Court, Court of Appeals, and Circuit judges. Allows governor to appoint to fill courts subject to Senate confirmation. In Senate Judiciary Committee.
Selection: Floor and Committee Activity
Kansas SB 128 AS AMENDED: Increases number of names sent to governor from judicial nominating commissions to fill district court vacancies from minimum 2/maximum 3 to minimum 3/maximum 5. Approved as amended by House Judiciary Committee 2/18/16.
Oklahoma HJR 1042 (Constitutional Amendment) Continues Judicial Nominating Commission but provides Commission to forward all qualified candidates (currently limited to 3) in ranked order. Provides JNC rules must be approved by the Supreme Court and both houses of the legislature. Applicants cannot be asked information regarding party affiliation and JNC members cannot independently seek such information out. Applicants who are sitting judges cannot be asked about cases currently pending before the judge. Applicants cannot be asked about cases that may come before the applicant if appointed. JNC would have to provide the governor a detailed listing of the criteria used to vet applicants. JNC would have to proof to the governor the above restrictions and processes were adhered to. Any person would be able to challenge (presumably in court) the JNC’s processes under laws to be passed by the legislature. Approved by House Rules Committee 2/17/16.
Oklahoma SB 1246 For interim vacancies on district courts, allows governor to fill unexpired term by calling special election (currently must appoint from list provided by Judicial Nominating Commission). Approved by Senate Rules Committee 2/17/16.
Structure Changes: Newly Introduced
Mississippi SB 2728 Provides for County Court in every county. In Senate Judiciary A Committee.
West Virginia HB 4533 Requires creation of mental health and military service members court program. In House Veterans' Affairs and Homeland Security Committee.
Structure Changes: Floor and Committee Activity
Georgia HB 927 Expands supreme court from 7 to 9 members. Alters jurisdiction of supreme court and court of appeals. Approved by full House 2/18/16.
Iowa SB 2168 Requires creation of veterans court in every judicial district. Approved by Senate Judiciary Committee 2/11/16.
West Virginia SB 48 Authorizes creation of Mental Health, Veteran and Service Members Court program ion circuits to be determined by state court administrator. Approved by Senate Judiciary Committee 2/19/16.
Other: Newly Introduced
Alabama SB 237 Create Innocence Inquiry Commission within Administrative Office of Courts. In Senate Judiciary Committee.
California AB 2232 Decreases the time period that a court record of a misdemeanor violation for speed contests must be retained before it can be destroyed by the trial court clerk from 10 years to 5 years. Increases the time period that a court record of a misdemeanor violation for reckless driving must be retained before it can be destroyed by the trial court clerk from 5 years to 10 years In Assembly (no committee).
California AB 2101 Allows judges to fine jurors $1500 for violating court orders. In Assembly (no committee).
Connecticut HB 5247 Apples various state accounting statutes to Probate Courts. In Joint Committee on Government Administration and Elections.
Georgia HB 1027 Provides that by court rule or standing order, any superior or state court may provide for the filing of pleadings and any other documents and for the acceptance of payments and remittances by electronic means. In House Judiciary Committee.
Georgia HR 1363 Creates House Special Study Committee on Judicial Qualifications Commission Reform. In House Rules Committee.
Georgia SB 400 Allows clerks to utilize vendors of their choice for back-up records rather than Georgia Superior Court Clerks' Cooperative Authority. In Senate State and Local Governmental Operations Committee.
Idaho HB 491 Bans filing of nonconsensual common law liens against judges and others. In House Judiciary Committee.
Illinois SB 3001 Provides that the prohibition on carrying a concealed firearm into a courthouse does not apply to a licensee who is a circuit or associate judge, State's Attorney, or Assistant State's Attorney, with the consent of the State's Attorney, provided that the judge, State's Attorney, or Assistant State's Attorney does not carry a concealed firearm at any time while in a courtroom. In Senate Assignments Committee.
Mississippi HB 1484 Requires Administrative Office of the Courts, rather than Office of Youth Services, to maintain state central registry of youth court cases. In House Youth and Family Affairs Committee.
Mississippi HB 1485 Requires Administrative Office of the Courts, rather than Office of Youth Services, to maintain state central registry of youth court cases. In House Youth and Family Affairs Committee.
Wisconsin AB 909 Requires director of state courts remove from Consolidated Court Automation Programs information relating to an acquittal, a dismissed criminal charge, and a criminal conviction if the person was pardoned for committing the crime. In Assembly Judiciary Committee.
Wisconsin AB 910 Requires director of state courts remove from Consolidated Court Automation Programs 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 Assembly Judiciary Committee.
Other: Floor and Committee Activity
Arizona HB 2384 Provides probation funding report to be posted by supreme court online. Approved by House Judiciary Committee 2/17/16.
Arizona SB 1414 Enacts Uniform Legal Materials Act. Includes state supreme court decisions and minute entries in superior court. Approved by Senate Judiciary Committee 2/18/16.
Georgia HB 808 Vacates current Judicial Qualifications Commission and creates new one. Approval contingent on passage of constitutional amendment. Approved by House Judiciary Committee 2/16/16.
Georgia HR 1113 (Constitutional Amendment) Vacates current Judicial Qualifications Commission and creates new one. Grants legislature power to establish Commission and set composition and proceedings. Approved by House Judiciary Committee 2/16/16.
Indiana HB 1047 Creates the circuit and superior court motion clerk pilot program (pilot program) to provide assistance to courts with preparing orders for complex motions. Provides that the judicial center may administer the pilot program. Requires the judicial center to report to the interim study committee on courts and the judiciary (committee) concerning the pilot program. Requires the committee to receive reports concerning the pilot program, and allows the committee to make recommendations and to propose legislation concerning the pilot program. Approved with Senate amendment by full Senate 2/16/16. To House to concur with amendments.
Kansas SB 440 ORIGINAL: Amends or repeals approximately 70 statutes related to Judicial Branch operations including matters such as the appointment, compensation, duties, and qualifications of Judicial Branch personnel; the treatment of records, papers, and documents held by the Judicial Branch; the powers, duties, and selection of judges and justices; the delegation of certain roles and activities within the Judicial Branch; and budgeting procedures for district courts. AMENDED: Provides for list of impeachable offenses for supreme court and district court judges chosen via state's merit/commission based system. Approved as amended by Senate Judiciary Committee 2/19/16.
New Hampshire HB 1270 AS AMENDED: Provides judges must give precisely worded jury nullification instruction: "If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty. However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty. Even if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty." Approved as amended by House Judiciary Committee 2/17/16.
New Hampshire HB 1333 Provides judges must give precisely worded jury nullification instructions that include the jury's power to "veto bad laws". Rejected by House Judiciary Committee 2/17/16.
New Hampshire HB 1386 Creates legislative procedure for a member of the legislature to introduce a citizen’s petition for redress of grievances to include removing judges from office. Rejected by House Judiciary Committee 2/17/16.
New Hampshire HR 18 Directing the House Judiciary committee to investigate former superior court justices Robert Morrill and James O'Neill and retired Grafton county superior court clerk Robert Muh for violations of law and constitutions. Rejected by House Judiciary Committee 2/17/16.
New Mexico SM 101 Requests administrative office of the courts and the department of health convene a study group to determine the feasibility of sentencing nonviolent offenders who have a drug addiction problem to a mandatory, thirty-day drug rehabilitation program while incarcerated. Approved by full Senate 2/18/16. No further approvals required.
Utah SB 42 Requires the Judicial Council to direct courts to give notice to the public when court proceedings are being recorded. Approved by full House 2/19/16. To Governor for approval.
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 Senate Courts of Justice Committee 2/17/19.
Virginia HB 332 HOUSE: Provides that a judge or retired judge of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit. SENATE: Same, but amends other portions of bill Approved as amended by Senate Courts of Justice Committee 2/17/19.
Virginia HB 442 ORIGINAL: 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. SENATE AMENDMENT: "the provisions of this act shall not be construed to empower the Judicial Council to set the hours of operation of a circuit court clerk’s office." Approved with Senate amendment by Senate Courts of Justice Committee 2/17/16.
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 Senate Courts of Justice Committee 2/17/16.
Virginia SB 544 SENATE: Provides that a judge or retired judge of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit. HOUSE: Same, but amends other portions of bill Approved with House amendment by House Militia, Police and Public Safety Committee 2/19/16.