Volume 6 Issue 27

Indicates featured legislation

Focus Trend: Legislatively directed/requested study of state courts in 2012

With all but a handful of legislatures out of session, the focus now turns towards interim activities, particularly studies. Among the issues legislatures are looking at, or considered looking at, are:

Alabama SJR 98 Creates Interim Alabama Judicial System Study Commission to examine structure and function of the United Judicial System, court jurisdiction, fees and costs of the judiciary, compensation of all judges and court employees. Approved by full Senate 5/10/12. Died in House Rules Committee.

Delaware SCR 21 Creates a Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public. Provides report due February 15, 2013. Approved by full Senate 3/27/12. Approved by House Judiciary Committee 6/13/12.

Hawaii HCR 187 / SCR 161 Urges judiciary ensure that the Access to Justice Commissions task force on adjunct providers of legal services includes at least as many non-lawyers as lawyers. Died in House & Senate Judiciary Committees.

Iowa HB 2232 Directs the state court administrator to convene a task force to review the outcomes of contested child custody proceedings and the awarding of joint physical care. Died in House Human Resources Committee.

Iowa SB 2312 Continues judicial branch and department of human services workgroup regarding involuntary commitment for persons with substance-related disorders. Signed into law by Governor 4/12/12.

Louisiana HCR 81 Requests the Louisiana State Law Institute study and make recommendations for legislation relative to expedited jury trial. Approved by full House 5/7/12. Approved by full Senate 5/23/12.

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. Approved by full House 4/23/12. Approved by full Senate 5/21/12.

Louisiana HCR 134 Requests the La. State Law Institute to study procedures relative to the abandonment of civil actions. Approved by full House 5/8/12. Approved by full Senate 5/23/12.

Maryland HB 252 / SB 18 Creates Task Force on Military Service Members, Veterans, and the Courts to study military service-related mental health issues and substance abuse problems and to make recommendations concerning the establishment of a special court for defendants who are military members or veterans. Signed into law by Governor 5/2/12.

Maryland HB 261 and SB 422 (similar) Establishes Task Force to Study the Laws and Policies Relating to Representation of Indigent Criminal Defendants by the Office of the Public Defender. HB 261: Signed into law by Governor 5/2/12.  SB 2422: Signed into law by Governor 5/22/12.

Maryland SB 181 Establishes Task Force to Study the Public Financing of Judicial Elections. Requires Task Force study and develop a proposal regarding the public financing of judicial elections in the State on or before December 31, 2012. Died in House Education, Health, and Environmental Affairs Committee.

Maryland SB 616 ORIGINAL: Increases from 70 to 72 the mandatory retirement age for judges. Requires that judges serving after age 70 must be certified as fit by states court of last resort (Court of Appeals). AS AMENDED: Establishes Commission to Study the Retirement of Judges. Approved as amended by full Senate 3/22/12. Rejected by House Judiciary Committee 4/9/12.

Massachusetts HB 2193 Creates special commission to study feasibility of creating a specialized court for purposes of administering medical malpractice claims. In Joint Judiciary Committee.

Nebraska LR 602 Directs study of LB 919, which increases court fees for Nebraska Retirement Fund for Judges and for all civil cases to be credited back to the county of the judicial district in which the case was filed. Died in Senate Judiciary Committee.

New Hampshire HB 1131 ORIGINAL: Establishes a committee to study the revisions to laws which would be necessary if the supreme court and superior court were abolished as constitutional courts. AMENDED: Creates committee "to study methods of creating a balanced and neutral judiciary". Approved by full House 3/7/12. Rejected by full Senate 5/16/12.

New Hampshire HB 1408 Establishes a commission to study the funding and administration of the judicial branch family division. Rejected by House Committee on Judiciary 1/27/12.

New Hampshire HB 1565 Establishes a committee to study landlord-tenant laws and practices. Rejected by House Committee on Judiciary 1/27/12.

New Mexico HM 61 Requests administrative office of the courts study and identify actions, to include resources needed, to support a request that the New Mexico supreme court appoint a special auditor to conduct a census of open guardianship and conservator proceedings, by district, throughout the state and grant the special auditor access to the probate court case management system, or to case files if required information is not available through an automated or electronic system, in each district. Approved by full House 2/13/12. No further approvals required.

New Mexico SJM 41 Requests administrative office of the courts and the New Mexico association of counties convene a task force and conduct a statewide study to examine alternative, non-judicial adjudicative procedures for traffic offenses. Approved by Senate Judiciary Committee 2/10/12. Died on Senate floor.

North Carolina HB 517 ORIGINAL: Provides for supervision of magistrates by Clerk of Superior Court. Provides Judicial Standards Commission with power over magistrates. AS AMENDED: Directs Administrative Office of the Courts study the issue of whether the State constitutional provision that the senior resident superior court judge shall appoint magistrates from nominations by the Clerk of Superior Court should continue as the method for appointment of magistrates, or whether an amendment to the State Constitution to provide for a different method would be both practical in light of the current responsibilities of officers of the court and lead to better efficiencies in the administration of justice. House does not concur with amendment 6/5/12. Died in conference committee.

Oregon HB 4168 Directs State Court Administrator study the historical funding that the programs and entities identified in ORS 21.007 received from court fees before October 1, 2011. Signed into law by Governor 3/16/12.

Pennsylvania HR 792 Urges the Pennsylvania Supreme Court to study the impact on certain entities caused by the Pennsylvania Rules of Civil Procedure that allow broad latitude to plaintiffs in the bringing of certain tort cases and to examine the efficacy and justice of expanding the Supreme Court's 2002 rule on venue for cases of alleged medical professional liability to all civil proceedings. In House Judiciary Committee.

South Carolina HB 4614 Creates South Carolina Family Court Study Committee to study the feasibility of tracking the outcome of contested temporary and final custody proceedings in the family court. Signed into law by Governor 6/25/12.

Tennessee HR 149 Requests comptroller to study accounting systems utilized by municipal, county, and court clerks. Died in House State and Local Government Committee.

Utah SJR 3 Directs Legislative Management Committee study fines, taxes, and financial issues imposed by the courts and other issues. Approved by full House and Senate 3/8/12.

Virginia HB 745 ORIGINAL: Requires the Supreme Court to develop a weighted caseload system to assess judicial caseloads throughout the Commonwealth, and using that system, requires the Court to determine the need for judicial positions and the optimum distribution of judicial positions throughout the Commonwealth and to prepare a recommended plan for the realignment of the circuit boundaries. AS AMENDED: Provides funds go directly to the National Center for State Courts to provide for the development and implementation of the system pursuant to a contract with the Supreme Court of Virginia. (Full disclosure: Gavel to Gavel is a product of the National Center for State Courts). Signed into law by Governor 4/4/12.

Virginia HJR 111 Requests the Judicial Council of Virginia to study the jurisdictional capacity of the Court of Appeals and whether such capacity should be expanded. Approved by full House 2/10/12. Approved by full Senate 2/27/12.

Virginia SJR 69 Directs the State Crime Commission to study mandatory retirement of judges. Deferred to 2013 session by Senate Rules Committee 2/10/12.

West Virginia HCR 121 Requests a study by Joint Committee on Government and Finance on the implementation of a Veterans Court to resolve the cases of veterans charged with minor criminal offenses. Died in House Rules Committee.

West Virginia SCR 53 Requests Joint Committee on Government and Finance study drivers license suspensions for failure to pay court fines. Approved by full Senate 3/9/12. Died in House.

West Virginia SCR 88 Requests Joint Committee on Government and Finance study magistrate caseloads. Approved by full Senate 3/9/12. Died in House.

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Delaware SB 221 (Constitutional Amendment) Adds the United States Bankruptcy Courts to the list of entities that may certify questions of law to the Delaware Supreme Court.  Approved by full House 6/26/12. Must be approved by 2013/2014 legislature.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Delaware SB 232 Permits the Family Court and the Court of Common Pleas to temporarily assign retired Commissioners duties at the designation of each Court’s Chief Judge with the consent of the Chief Justice of the Supreme Court. Approved by full House 6/28/12. To Governor for approval.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

California AB 2073 ORIGINAL: Authorizes a trial court, by order and at the discretion of the presiding judge, to require parties to eligible civil actions, as specified, to electronically file and serve documents, subject to rules adopted by the Judicial Council and other specified conditions. AS AMENDED: Same, but limited to pilot project in Orange County. Approved as amended by Senate Judiciary Committee 6/19/12.

Pennsylvania HR 351 Memorializes the Supreme Court to approve and adopt proposed Rules of Criminal Procedure 113, 513 and 513.1, related to public access to arrest warrants. Approved by House Judiciary Committee 6/26/12.

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

NONE

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

NONE

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

New Jersey SB 881 AS AMENDED: Modifies admission criteria for drug courts in order to permit additional offenders to be diverted into the program. Establishes a two-year pilot program, to be operated in two New Jersey Superior Court vicinages, that will mandate that"drug court program sentences be ordered for each person subject to criminal sentencing who meets the modified admission criteria. The pilot program requires the Administrative Office of the Courts (AOC) to assess the feasibility of expanding this mandated drug court sentencing Statewide. Approved as amended by full Assembly 6/25/12. Senate concurs with Assembly amendment 6/28/12. To Governor for approval.

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

California AB 2473 States that the court security services provided by the sheriff, as agreed upon by the superior court and the sheriff, may include, but shall not be limited to, among other things, performing bailiff functions, escorting prisoners to and from holding cells, and providing security in areas adjacent to a courthouse facility, as specified. Approved as amended by Senate Judiciary Committee 6/26/12.

Pennsylvania HR 792 Urges the Pennsylvania Supreme Court to study the impact on certain entities caused by the Pennsylvania Rules of Civil Procedure that allow broad latitude to plaintiffs in the bringing of certain tort cases and to examine the efficacy and justice of expanding the Supreme Court's 2002 rule on venue for cases of alleged medical professional liability to all civil proceedings.  In House Judiciary Committee.