Volume 11 Issue 12


Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Alabama HB 92 ORIGINAL: Increases District Court civil jurisdiction to $20,000. AMENDED: Increases District Court civil jurisdiction to $15,000.  Approved by full House 3/15/17.

Arkansas HB 1041 Prohibits state court use of foreign law. Approved by full Senate 3/20/17.

New Mexico SJR 1 (Constitutional Amendment) Gives legislature more discretion to set appellate jurisdiction of courts by statute. Approved by full House 3/16/17. To appear on 2018 ballot.

Montana SB 97 Prohibits court use of foreign or international law. Approved by full House 3/21/17.

West Virginia HB 3030 AS AMENDED: Provides all appeals to the supreme court shall be afforded a full and meaningful review, and an opportunity to be heard, by the Supreme Court of Appeals, and a written decision on the merits shall be issued, as a matter of right. Approved by full House 3/21/17.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Arkansas SB 584 Removes requirement that Director of Administrative Office of the Courts have same qualifications as a District Court judge. Provides qualifications to be set by Supreme Court. Approved by full House 3/21/17.

Maryland SB 746 Provides that a District Court Commissioner may be a resident of a county contiguous to the county in which the commissioner serves. Approved by full Senate 3/17/17.

Oklahoma SB 708 Requires nominees for District Court have tried to verdict at least 3 jury trials. Approved by full Senate 3/21/17.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Arizona HB 2220 AS AMENDED: Provides if the presiding judge of the superior court provides access or filing privileges to attorneys, the privileges must also be provided to pro se litigants. Provides access or filing privileges provided to attorneys pursuant to this subsection may be limited to records of cases in which the attorney is a party or is on file with the court as the attorney of record for one of the parties. Provides Access or filing privileges provided to pro se litigants pursuant to this subsection may be limited to records related to the pro se litigant's own case. Approved by full Senate 3/21/17.

Salary and Budget: Newly Introduced

Kansas HB 2394 Abolishes the judiciary technology fund and transfers balance to State General Fund. In House Appropriations Committee.

Salary and Budget: Floor and Committee Activity

Alabama SB 238 Allows clerks to use proceeds from Circuit Clerk's Judicial Administration Fund for merit and promotion raises. Approved by full Senate 3/16/17.

Arizona HB 2254 Modifies the current Judicial Productivity Credits formula for justices of the peace by changing the weight given to specific types of filings. Approved by full Senate 3/21/17.

Arkansas HB 1340 Amends laws related to investment practices of the Arkansas Judicial Retirement System. Approved by full House 3/21/17.

Arkansas SB 367 Creates Circuit Court Accounting and Fine Collection Committee to examine use, effectiveness, and cost of various automated fine, fee, and restitution systems used by different judicial districts. Rejected by Full House 3/21/17.

Florida HB 175 Removes Supreme Court's power over Florida Court Education Trust Fund and transfers to Florida Court Educational Council Approved by House Justice Appropriations Subcommittee 3/20/17.

Georgia HB 162 Revises the procedures for the transfer of income tax setoffs by the Administrative Office of the Courts to the court to whom the debt is owed. Approved by Judiciary Committee 3/20/17.

Idaho SB 1108 Increases judicial salaries. Approved by full House 3/16/17. To Governor for approval.

New Hampshire SB 231 Allows a part-time judge of the circuit court to retire under the provisions of RSA 100-A and elect senior active or judicial referee status. Rejected by full Senate 3/16/17.

New Mexico SB 142 Allows AOC director to apply for and receive, in the name of the administrative office of the courts, any public or private funds, including United States government funds, available to carry out its programs, duties or services. Approved by full House 3/17/17.

New Mexico SB 304 Creates magistrate courts operations fund. Approved by full House 3/17/17.

New Mexico SB 49 Creates judges pro tempore fund to pay for judges pro tempore. Approved by full House 3/15/17.

Oklahoma HB 1704 Alters surviving spouse benefits for Uniform Retirement System for Justice and Judges. Approved by full House 3/13/17.

West Virginia SB 444 Creates Court Advanced Technology Subscription Fund. Approved by full Senate 3/17/17.

Selection: Newly Introduced

Delaware SB 25 (Constitutional Amendment) Extends various deadlines for governor to make nominations to courts and to convene Senate to confirm those nominations. (Previously approved in 2015/2016 session). In Senate Executive Committee.

Montana HB 636 Creates supreme court candidate public forum program to host candidate forums throughout state. In House Judiciary Committee.

South Carolina HB 4042 Require the individual vote of each member of the general assembly to be recorded for each judicial election (in South Carolina, judges are elected by the legislature). Provides that a member of the general assembly that accepts a campaign contribution from the judicial candidate or the judicial candidate's family must recuse himself from voting in the judicial election involving the judicial candidate. Requires a member of the general assembly who is a licensed attorney to recuse himself from voting in a judicial election for a court in which he practices law. In House Judiciary Committee.

South Carolina HB 4043 Alter the membership of the judicial nominating commission. Requires commission to release a list of all qualified candidates to the general assembly rather than nominating candidates. In House Judiciary Committee.

Texas HJR 20 (Constitutional Amendment) Prohibits the governor from appointing prosecuting attorneys to fill a vacancy of a district judge if the they prosecuted a case in that court in last two years. In House Judiciary & Civil Jurisprudence Committee.

Selection: Floor and Committee Activity

Maryland HB 1382 Prohibits a candidate for the office of judge of the circuit court who is defeated for the nomination at a primary election in each contest for the office of circuit court judge in which the candidate appears on the ballot from appearing on the ballot at the next succeeding general election for any office. Approved by full House 3/17/17.

North Carolina HB 100 Returns Superior and District Court races to partisan races. Veto overridden by full House 3/22/17. Veto overridden by full Senate 3/23/17. Enacted.

Oklahoma SJR 43 (Constitutional Amendment) Ends merit/commission selection for the state’s appellate courts. Provides governor nominates and submits name to the Judicial Nominating Commission for a review as “qualified” or “not qualified”. Nominee subject to Senate confirmation. Approved by full Senate 3/21/17.

Oklahoma SJR 44 (Constitutional Amendment) Require the Judicial Nominating Commission send the Governor 5 names (currently 3) for consideration. Allows Governor to ask for another list, for a total of 10 names. Requires nominee be subject to Senate confirmation. Provides that if Senate fails to act within certain time frame(s) nominee is confirmed by default. Approved by full Senate 3/21/17.

Tennessee SB 111 Extends the trial court vacancy commission to June 30, 2019 Approved by full House 3/20/17. To Governor for approval.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

California AB 414 ORIGINAL: Provides that a court in which a vacant judgeship is suspended will not have its funding allocation reduced or any of its funding shifted or transferred as a result of, or in connection with, the suspension of a vacant judgeship. AMENDED: Same, but requires the Judicial Council, if a vacant judgeship is eligible for suspension, to promptly notify the court with the vacant judgeship, the Legislature, and the Governor that the judgeship is subject to suspension, provide an adequate opportunity for public comment, and, after consideration of any comments received, determine if the vacant judgeship should be suspended. Approved by Assembly Judiciary Committee 3/21/17.

Oklahoma HB 1925 AS AMENDED: Provides for transition of Supreme Court seats. Requires 5 justice to be appointed from state's 5 congressional districts. Requires 4 justices to be appointed at large, but that at least 2 to be from counties with a population under 75,000. Approved by full House 3/21/17.

Oklahoma SB 213 Repeals existing Supreme Court Judicial Districts. Provides for 5 new districts that are same as congressional districts and 4 statewide at-large districts. Approved by full Senate 3/22/17.

Washington SB 5866 Creates Tax Court within judicial branch contingent on passage of constitutional amendment. Approved as amended by Senate Committee on Law & Justice 3/22/17.

Washington SJR 8209 (Constitutional Amendment) Authorizes creation of Tax Court within judicial branch. Approved by Senate Committee on Law & Justice 3/22/17.

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

Arkansas HB 1895 Allows for carrying of handguns into courthouses of those employed by a governmental entity but that does not have an office in the courthouse itself. Approved by House Judiciary Committee 3/21/17.

Florida SB 878 Requires Supreme Court report annually to governor and legislature cases taking longer than 180 days from oral argument to final decision and explain in detail the reasons for the delay as well as anticipated date for a final decision. Approved by Senate Appropriations Subcommittee on Criminal and Civil Justice 3/22/17.

Georgia HB 15 ORIGINAL: Requires certain civil pleadings to be filed electronically in superior and state courts. AMENDED: Same, but provides changes in provisions relating to electronic filings and payments; policies and procedures.  Approved by Senate Judiciary Committee 3/20/17.

Georgia SB 132 Allows statutory civil case filing and disposition forms to be created by Judicial Council. Approved as amended by Senate Judiciary Committee 3/16/17.

Hawaii SCR 126 Requests judiciary convene task force to examine pretrial practices and procedures. In Senate Judiciary Committee.

Tennessee HB 365 Exempts retired judges from the duty to attend annual meetings of the state judicial conference. Approved by House Civil Justice Subcommittee 3/22/17.

Tennessee HB 377 Authorizes the administrative director to obtain a criminal history background check through the TBI and FBI on any applicant for employment. Permits the administrative director to establish the job titles or classifications to which the background check requirement applies. Requires the office to pay for the cost of the background checks. Approved by House Finance, Ways & Means Committee 3/21/17.

Tennessee SB 726 ORIGINAL: Creates a streamlined process for judges and certain public officials to contest Uniform Commercial Code financing statements that they believe to lack any legal basis. AMENDED: Same, but requires a petition for review to be accompanied by a $200 cost bond unless the petition is filed by a financial institution that is insured by the FDIC or FCA.  Approved as amended by Senate Commerce and Labor Committee 3/21/17.

Texas HB 431 Modifies when a temporary justice of the peace may be called into service. Approved as amended by House Committee on Judiciary & Civil Jurisprudence 3/21/17.

Texas SB 657 Requires various judicial oaths be filed with secretary of state. Approved by Senate Committee on State Affairs 3/21/17.

Utah SB 169 Requires a mayor of a city or town to fill the vacancy of a municipal justice court judge and, until the position is filled, allows the city or town to contract with another jurisdiction for judicial services. Requires a county appointing authority to fill the vacancy of a county justice court judge. Signed into law by Governor 3/17/17.