Volume 10 Issues 11 and 12


Indicates featured legislation

Jurisdiction: Newly Introduced

Missouri HJR 108 (Constitutional Amendment) Delineates procedures a court must follow when assessing a claim that the government has enforced a law that limits a person's constitutional rights. Provides failure to do so will result in impeachment. In House (no committee).

Missouri HJR 110 (Constitutional Amendment) Directs state courts to ignore U.S. Supreme Court decision and continue to enforce state constitutional provision that marriage is a union of one man and one woman. In House (no committee).

Oklahoma HJR 1069 (Constitutional Amendment) Allows for placement of state supreme court decisions on the ballot to be overturned in those cases where the supreme court has determined a state law is unconstitutional. In House (no 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 Senate Federalism, Mandates and Fiscal Responsibility Committee 3/8/16.

Hawaii SB 2101 AS AMENDED: Establishes small claims division's exclusive jurisdiction of cases for amounts of $1,000 or less.  Approved as amended by full Senate 3/8/16.

Idaho HB 568 Prohibits application of foreign law by courts in state. Approved by House Judiciary and Rules Committee 3/18/16.

Indiana HB 1322 Specifies that circuit courts, superior courts, and probate courts have original and concurrent jurisdiction under certain provisions of the Indiana Code. House concurs with Senate amendment 3/10/16. To Governor for approval.

Kentucky SB 202 Removes numerous statutes that require suits against or about state government to be filed in Franklin County. Allows for filing of suits anywhere in state. Approved by full Senate 3/17/16.

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. Approved by full House 3/7/16. To Governor for approval.

Utah SB 213 Raises the jurisdictional limit for small claims court for breach of contract actions to $15,000. Approved by full House 3/9/16. To Senate to concur with House amendments.

West Virginia SB 274 Increases civil jurisdictional amount in magistrate courts from $5,000 to $10,000. Approved by full Senate 3/7/16. To Governor for approval.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

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 Senate 3/16/16. To House to concur with Senate amendment.

Utah HB 160 ORIGINAL: Requires justice court judges be admitted to practice law in the state. Provides requirement contingent on passage of constitutional amendment. AMENDED: Provides justice court judges in first and second class counties must be law school graduates. Deletes reference to admitted to practice law. Provides if not enough nominees submit names to fill vacancies, attorneys in surrounding counties must be notified. Approved as amended by full Senate 3/9/16. House concurs with Senate amendments 3/10/16. To Governor for approval.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Arizona HB 2221 Establishes the Supreme Court as the entity responsible for regulation of attorneys. Specifies limited reasons Supreme Court may collect assessment/fees from attorneys. Approved by Senate Government Committee 3/9/16.

Arizona HCM 2002 Urges Supreme Court to modify its rules related to the State Bar of Arizona to ensure the protection of First Amendment freedoms. Approved by Senate Government Committee 3/16/16.

New Hampshire CACR 13 (Constitutional Amendment) AS AMENDED: Provides that where rules created by supreme court governing administration of courts conflict with statutes, the statutes are to prevail. Tabled by full House 3/10/16.

New Hampshire HB 1522 Adopts Federal Rules of Civil Procedure as law. Rejected by full House 3/9/16.

Salary and Budget: Newly Introduced

Louisiana HB 49 Provides for new retirement system for judges taking office after 2017. In House Retirement Committee.

Louisiana HB 65 Provides for new retirement system for judges taking office after 2018. In House Retirement Committee.

Louisiana HB 66 Provides for new retirement system for judges taking office after 2018. In House Retirement Committee.

Louisiana SB 225 Requires judicial branches to make their budgets submitted to the legislature available online to the public. In Senate Finance Committee.

Missouri HJR 109 (Constitutional Amendment) Provides no court may charge any fee on individual seeking to adjudicate any natural or unalienable right. In House (no committee).

Salary and Budget: Floor and Committee Activity

Georgia HB 508 Provides appellate judge must reach age 60 (currently 65) in order to receive certain optional benefits. Tabled by full Senate 3/14/16.

Georgia HB 635 Increases the number of years of mandatory contribution to Probate Courts Retirement Fund. Approved by full Senate 3/14/16. To Governor for approval.

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 Senate Finance Committee 3/16/16.

Georgia SB 243 Restores eligibility for membership in the Georgia Judicial Retirement System for certain persons who were eligible for membership under prior law. Approved by full House 3/16/16. To Governor for approval.

Hawaii SB 2244 Alters retirement benefits qualification and benefit amounts/types for judges entering service after June 2016. Approved by full Senate 3/8/16. Approved with House amendment by House Labor Committee 3/15/16.

Kansas SB 255 Creates Electronic Filing and Management Fund. Revises moneys from fees directed to State General Revenue Fund to go to Judicial Branch Docket Fee Fund instead. Approved as amended by House Judiciary Committee 3/11/16.

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 full House 3/10/16.

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 full House 3/9/16.

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 full House 3/10/16.

Tennessee HB 1791 Provides the supreme court shall have the authority to set all fees, charges, and surcharges of the clerk at levels sufficient to offset the costs of administering the clerk’s office. Approved by full House 3/17/16.

Tennessee SB 1998 Authorizes the clerk in any court where electronic filing, signing, or verification of papers is authorized by court rule to assess a transaction fee for each filing submitted on an individual basis or by use of an annual subscription fee. Approved by full Senate 3/14/16.

Tennessee SB 2022 Provides the supreme court shall have the authority to set all fees, charges , and surcharges of the clerk at levels sufficient to offset the costs of administering the clerk’s office. Approved by Senate Finance Committee 3/9/16.

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 full House 3/11/16. Senate concurs with House amendments 3/12/16. To Governor for approval.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Hawaii SB 2498 (Constitutional Amendment) Requires written notice of an appointment to the senate for advice and consent concurrent with the governor, judicial selection commission, or chief justice's making of the appointment. Clarifies that the senate's thirty-day period to reject a judicial appointment begins on the senate's receipt of written notice of the governor's, chief justice's, or judicial selection commission's appointment. Approved by full Senate 3/8/16.

Kansas SB 128 ORIGINAL: Exempts information related to home addresses and similar information of municipal court judges. 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. Requires release of names of all those considered by commission. Approved with House amendment by full House 3/9/16.

Maryland HB 223 (Constitutional Amendment) Provides Circuit Court judges to be appointed by governor and confirmed by senate. Provides if confirmation vote is less than 80% of senate, judge is subject to contested election. Provides legislature may remove judges from office for sickness or mental/physical infirmity on 2/3rds vote. Rejected jointly by House Judiciary and Ways & Means Committees 3/14/16.

Maryland HB 224 (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 jointly by House Judiciary and Ways & Means Committees 3/14/16.

Maryland HB 388 (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. Reduces term in office from 15 years down to 10 years. Rejected jointly by House Judiciary and Ways & Means Committees 3/14/16.

Maryland HB 448 (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. Reduces term in office from 15 years down to 10 years. Provides if governor creates judicial nominating commissions, commission must reflect diversity and demographics of state. Rejected jointly by House Judiciary and Ways & Means Committees 3/14/16.

Mississippi HB 130 Provides municipal clerks in code charter municipalities to be appointed by executive.  Approved by Senate Elections Committee 3/18/16.

Oklahoma SB 770 Subjects Judicial Nominating Commission meetings to Open Meeting Act. Approved by full Senate 3/9/16.

Vermont SB 91 Prohibits member of judicial nominating board from serving 3 consecutive terms. Specifies what materials and actions of the board are public. Specifies candidate must be resident of Vermont that has practiced law at least 10 years and practiced in Vermont at least 5. Defines in detail the criteria and standards for nomination by the Board. Approved by Senate Judiciary Committee 3/15/16. Approved by full Senate 3/17/16.

West Virginia HB 4725 Specifies if the unexpired term of a judicial office is for a period of more than two years the position to be filled initially by the governor and then by election for the remainder of the term. Approved by full Senate with Senate amendment 3/8/16. House concurs with Senate amendment 3/11/16. To Governor for approval.

Structure Changes: Newly Introduced

New Jersey SCR 91 (Constitutional Amendment) Transfers probation functions from Judiciary to State Parole Board.  In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

Arizona HB 2537 Expands supreme court from 5 to 7 members. Approved by Senate Government Committee 3/16/16.

California AB 1672 Requires the Judicial Council to conduct, until January 1, 2018, a study on the impact of veterans courts or veterans treatment courts on veterans involved with the criminal justice system, the impact on veterans of lack of access to veterans courts or veterans treatment courts in those counties that do not have them, the utility of community courts as a substitute for veterans courts or veterans treatment courts, and the use of technology to deliver veterans court services to counties without veterans courts or veterans treatment courts, if funds are received for the study, as specified.  Approved by Assembly Public Safety Committee 3/15/16.

Georgia HB 927 Expands supreme court from 7 to 9 members. Alters jurisdiction of supreme court and court of appeals. Approved by Senate Judiciary Committee 3/16/16.

Kentucky SB 8 (Constitutional Amendment) ORIGINAL: 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. Requires Supreme Court do same for its own districts, based on population only. AMENDED: Provides election of Commonwealth's Attorneys to four-year terms in 2018 and to elect them to eight-year terms in 2022 and every eight years thereafter Approved as amended by full Senate 3/10/16.

Maryland HB 814 Creates task force to study creation of medical malpractice courts. Rejected by House Judiciary Committee 3/18/16.

Other: Newly Introduced

Rhode Island HR 7944 Asks governor to request of supreme court advisory opinion as to constitutionality of HB 7409 In House Judiciary Committee.

Other: Floor and Committee Activity

Arizona HB 2384 Provides probation funding report to be posted by supreme court online. Approved by Senate Judiciary Committee 3/10/16.

Arizona SB 1414 Enacts Uniform Legal Materials Act. Includes state supreme court decisions and minute entries in superior court. Approved by House Transportation and Infrastructure Committee 3/15/16.

Georgia HB 808 Vacates current Judicial Qualifications Commission and creates new one. Approval contingent on passage of constitutional amendment. Approved by Senate Ethics Committee 3/16/16.

Georgia HB 957 Requires that the judges and clerks of the probate courts publicly post notice of the availability of the affidavit of indigence. Approved by Senate Special Judiciary Committee 3/10/16.

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 Senate Ethics Committee 3/16/16.

Georgia SB 262 ORIGINAL: Removes requirement that judges & jurors who are related to party within six degrees of consanguinity or affinity recuse or be disqualified. Reduces degrees down to three degrees. AS AMENDED: Same, but also allows courts to issue any rules for acceptance of documents of payments electronically.  Approved as amended by full House 3/14/16. To Senate to concur with House amendment.

Georgia SB 332 AS AMENDED: Clarifies the judges and Justices who are exempt from various weapons carry laws and prohibitions. Provides Council of Probate Court Judges to create personal identification cards for judges to carry when armed. Approved with House amendment by House Public Safety and Homeland Security Committee 3/16/16.

Idaho HB 491 Bans filing of nonconsensual common law liens against judges and others. Approved by full Senate 3/14/16.

Iowa HB 2354 Requires that proceedings before a magistrate be electronically recorded unless a party provides a certified court reporter at such party’s expense. Approved by full Senate 3/15/16. To Governor for approval.

Kansas SB 439 AS AMENDED: Specifies grounds for impeachment of Kansas Supreme Court justice and District Court judges chosen via merit/commission system to include "attempting to subvert fundamental laws and introduce arbitrary power, attempting to usurp the power of the legislative or executive branch of government, exhibiting wanton or reckless judicial conduct." Applies similar criteria to executive branch officials. Approved by Senate Judiciary Committee 3/11/16.

Kentucky SB 270 Requires Administrative Office of the Courts develop plan to address disproportionate minority contact with, and involvement in, the juvenile justice system. Approved by Senate Judiciary Committee 3/14/16.

Mississippi HB 1484 Requires Administrative Office of the Courts, rather than Office of Youth Services, to maintain state central registry of youth court cases. Approved by Senate Judiciary Committee 3/17/16.

Missouri HB 1685 Allows the presiding judge of certain circuits to appoint a circuit court marshal  Approved by House Select Committee on Judiciary 3/9/16.

Missouri HB 1858 Establishes provisions relating to filings with the recorder of deeds and establishes the crime of false filings. Makes it felony to make such false filings against judges. Approved by House Civil and Criminal Proceedings Committee 3/10/16.

Missouri HB 2708 Requires courts phase in equipment that allows audio from trials or other court proceedings to be retained for a minimum of one year. In House (no committee)

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 full House 3/10/16.

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 full House 3/9/16.

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 full House 3/9/16.

New Hampshire HB 1546 Permits the audio recording of a public servant including judges in performing a public function. Tabled by full House 3/10/16.

New Hampshire HJR 4 Requires payment of $42,500, plus interest at 10 percent per annum compounded daily, to Joseph Haas. Said sum shall be a charge against the faithful performance bond of the supreme court clerk. Rejected by full House 3/9/16.

New Hampshire HJR 6 Requires payment of the sum of $150 to Edward Brown. Said sum shall be a charge against the faithful performance bond of the superior court clerk. Rejected by full House 3/9/16.

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 full House 3/9/16.

Tennessee HB 1519 Adds a former or current judicial commissioner to the board of judicial conduct to be appointed by the governor from nominees supplied by the judicial commissioners association of Tennessee Approved by House Finance Committee 3/15/16.

Vermont HB 869 Allows appointment of Judicial Masters to hear certain matters. Requires Supreme Court coordinate collaborative process to identity court systems reforms. Approved by full House 3/17/16.

Virginia HB 332 CONFERENCE COMMITTEE: Provides that a judge of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit. Conference committee report approved by House 3/10/16 and Senate 3/11/16. To Governor for approval.