A review of state legislation affecting the courts
March 2, 2023 -- Since 2006, Gavel to Gavel has tracked state-by-state legislative activity with potential impact on state courts.
Notable legislation includes:
- Montana: Senate approves bill to remove state court administrator's power to "perform other duties that the supreme court may assign." Resolution to declare Marbury v. Madison misinterpreted approved by the full Senate, a resolution that "the [Montana] Supreme Court has no power and no authority to define the law" fails on a 25-25 tie vote on the Senate floor. Plan to require partisan election of state’s supreme court rejected on House (46-54) and Senate (16-34) floors.
- Utah legislature approves plans to overhaul the state's judicial selection system; the governor indicates he supports the bill giving him more control over nominations commissions.
- Maryland Senate approves (38-8) plan to make Orphans' Court races nonpartisan.
- Statewide Business/Chancery Courts: Utah's plan advances, Texas proposal introduced.
- New Mexico: a bill to tie judicial salaries to the annual salary received by New Mexico federal magistrate judges advances in committee.
- Judicial Security: four states (Idaho Senate, Missouri House and Senate, and committees of the Hawaii House and Oklahoma House) advance bills to provide for address confidentiality for judicial officers and their families.
- Arizona judicial selection: House approves plan that replaces the current county-based retention election process for judges on the Arizona Court of Appeals with a statewide retention election process; Senate approves plan that removes the power of State Bar to nominate members of judicial nominating commissions.