Volume 6 Issue 18

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Alabama SB 138 Allows a former or retired judge with certain qualifications to preside over cases in a circuit or district court. Approved by full House 4/24/12. To Governor for approval.

Hawaii SB 650 (Constitutional Amendment) Authorizes the chief justice of the supreme court to appoint judges who have retired upon attaining the age of seventy years as emeritus judges, permitting the appointed judges to serve as per diem judges or judicial mentors in courts no higher than the court level they reached prior to retirement and for terms not to exceed three months Approved by full Senate 4/13/12. Returned by Governor for failure to give 10 days notice prior to adopting.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

Alabama HB 688 Increases docket fees in all civil cases in the circuit and district courts excluding child support cases and in all criminal cases in the circuit, district, and municipal courts. Provides for distribution of the funds into State Judicial Administration Fund, Circuit Clerk's Judicial Administration Fund, and Presiding Circuit Judge's Judicial Administration Fund. Approved by House Ways and Means General Fund Committee 4/26/12.

Illinois SB 1047 Provides that pursuant to an administrative order from the chief judge of the circuit or the presiding judge of the county authorizing such collection, a clerk of the circuit court in any county that imposes a court automation fee shall also charge and collect an additional $10 operations fee for probation and court services department operations. Approved by full House 4/25/12. To Governor for approval.

Louisiana HB 1011 Authorizes an increase relative to the amount of reimbursements for lease payments and expenses incurred for vehicles used by certain judges for official purposes. Approved by House Judiciary Committee 4/23/12.

Oklahoma HJR 1093 Rejects 6% increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation on September 20, 2011. Approved by full Senate 4/24/12. To Governor for approval.

South Carolina HB 4821 Provides for fees and costs to be set for filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court. Provides all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology. Approved by full House 4/25/12.

Tennessee HB 2633 AS AMENDED: Increases, from $2.00 to $4.00, the filing fee charged by all court clerks except those in Knox County. Terminates the $2.00 fee increase on July 1, 2016, unless continued by the General Assembly. Increases the data entry fee charged by the Knox County court clerks for each new case filed. Retains pre-July, 1, 2012, fees for specified cases brought by the state and state agencies. Directs that unexpended funds will not revert to the General Fund. Approved by full Senate 4/25/12. House concurs with Senate amendment. To Governor for approval.

Tennessee HB 3051 ORIGINAL: Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee. AS AMENDED: Same, but clarifies that the fees authorized by the bill may not be assessed against the state Approved by full House 4/24/12. Approved by full Senate 4/25/12. To Governor for approval.

Tennessee HB 3604 AS AMENDED: Imposes additional $2.00 litigation tax on criminal charges instituted in general sessions court. Creates judicial commissioner continuing education account. Subject to appropriation, authorizes moneys in fund to be utilized for development and presentation of continuing education programs. Specifies $2 tax would not apply in counties where commissioners are authorized under present law to receive appropriate continuing education under the supervision of the general sessions judges rather than the judicial commissioners association of Tennessee or the Tennessee court clerks association. Approved by as amended by full Senate 4/27/12. To House to concur with amendments

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Tennessee SB 3652 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists. Approved by full House 4/24/12. To Governor for approval.

Tennessee SJR 635 (Constitutional Amendment) Provides for election of judges/justices of appellate courts from districts drawn by general assembly (currently drawn from three "grand districts"). Rejected by Senate Finance, Ways and Means Committee 4/23/12.

Tennessee SJR 710 (Constitutional Amendment) AS AMENDED: Provides governor may appoint anyone who meets age and residency requirements to appellate courts with legislative confirmation. Provides for retention elections. Removes any reference to merit or merit selection. Approved by full Senate 4/23/12. Approved by full House 4/26/12. Must be approved by 2/3rds of legislature in 2013-2014 session to appear in 2014 ballot.

Structure Changes: Newly Introduced

Louisiana HCR 105 Requests state Dept. of Veterans Affairs to conduct a study of Veterans Treatment Courts and the feasibility of creating and implementing such courts in the state of Louisiana. In Senate Health and Welfare Committee.

Ohio HB 523 Increases from more than 100 to more than 1,000 the population necessary for a municipal corporation to have a mayor's court.  In House Judiciary & Ethics Committee.

Structure Changes: Floor and Committee Activity

Connecticut HB 5016 Transfers Workers' Compensation Commission and Commission on Human Rights and Opportunities to Judicial Branch. Approved by Joint Committee on Appropriations 4/3/12

New Hampshire HB 1665 Enables superior court or circuit court to implement one or more drug courts. Approved by Senate Judiciary Committee 4/27/12.

Oklahoma SB 1222 Authorizes creation of veterans treatment courts in all judicial districts. Approved by full House 4/23/12. To Senate to concur with House amendment.

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

California AB 2381 Provides employees of the Judicial Council may form bargaining units/unions. Defines "state employee" to include any employee of the Judicial Council except for managerial, confidential, and supervisory employees. Excludes from the definition of "state employee" any judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. Designates the Administrative Director of the Courts as the "employer" for purposes of bargaining or meeting and conferring in good faith. Specifically excludes certain matters from the scope of representation, however the impact of those matters are included if those matters affect wages, hours, and terms and conditions of employment of Judicial Council employees. Requires the Public Employment Relations Board (PERB) when determining appropriate bargaining units for these employees to not include them in a bargaining unit that includes other employees. Approved by Assembly Judiciary Committee 4/26/12.

Connecticut HB 5365 Makes judge trial referee evaluations available to Judiciary Committee members before a hearing on a referee's nomination. Allows the Judicial Branch to enter into agreements with other agencies on a broader range of security matters. Requires the Department of Motor Vehicles (DMV) to suspend the license and registration of someone who does not pay certain court fees. Allows electronic communication by computer, fax, or other technology according to procedures and technical standards set by either the chief court administrator or probate court administrator. Gives notice delivered electronically the same validity and status as if sent by mail. For Supreme Court, gives a party a right to a panel of at least five justices and requires the court to sit in panels of five, six, or seven judges under rules the court adopts. Expands the use of senior judges on Supreme Court panels by allowing them to be part of a panel when at least one justice is disabled or disqualified or the business of the court requires it. Expands the circumstances when Superior Court judges and Appellate Court judges and senior judges can be summoned to sit on a panel to include anytime it is necessary for the court's business and Supreme Court senior judges are unavailable. Repeals authority for judges to appoint messengers and assistant messengers and set their compensation and assignments. Approved by House Committee on Appropriations 4/23/12.

Hawaii SCR 176 Recalls from governor due to improper passage SB 650 regarding chief justice's ability to recall retired judges back into service. Approved by full Senate 4/20/12. Approved by full House 4/23/12.

Louisiana HB 763 Authorizes clerks of court to destroy records if authorized by the state archivist.  Approved by Senate Committee on Senate and Governmental Affairs 4/25/12.

Louisiana HB 1010 Provides that title to all furniture and equipment purchased or owned by the courts of appeal is vested in the purchasing court and further authorizes any judge to purchase furniture and equipment upon termination of office. Approved by full House 4/24/12.

Louisiana HCR 81 Requests the Louisiana State Law Institute study and make recommendations for legislation relative to expedited jury trial. Approved by House Committee on Civil Law and Procedure 4/24/12.

Minnesota HB 1607 Permits State Patrol to provide security and protection to Supreme Court justices for a limited period and within the limits of existing resources, in response to a credible threat on the individuals life or safety. Conference committee report approved by House and Senate 4/26/12. To Governor for approval.

New Hampshire HB 151 Repeals the laws relative to marital masters on April 5, 2016, which is the date on which the last current marital master contracts expire. Clarifies that no marital master contracts shall be entered into or renewed by the state on or after the effective date of this act. Approved by Senate Judiciary Committee 4/20/12. Approved by full Senate 4/25/12.

New Hampshire HR 7 Report pursuant to HR 7 of 2011. Finds Phillip Cross was an at-will employee under the supervision of the Judicial Branch and not subject to impeachment as an officer. Finds that HR 7's authorization to investigate any judge of the Superior Court was vague and determined "lack of direction would result in a fruitless and costly investigation. While there may be fault in the management of marital masters within the Judicial Branch, it is not with superior court judges and the committee must follow the clear direction contained within HR 7, and not second guess the legislature." Report approved by House Judiciary Committee 4/27/12.

Oklahoma SB 1733 Permits unconcealed carry of firearm in court locations by a judge. Approved by full House 4/26/12. To Senate to concur with House amendments.

Oklahoma SB 1953 Requires any judicial officer report to the Council on Judicial Complaints any conduct that the officer believes may be a violation of the Code of Judicial Conduct. Approved by full House 4/24/12. To Senate to concur with House amendment.