Volume 6 Issue 14

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Arizona SB 1310 Increases small claims jurisdiction from $2,500 to $10,000. Approved by full House 3/27/12. To Governor for approval.

Kansas HCR 5006 (Constitutional Amendment) ORIGINAL: Prohibits the judicial branch from directing the legislative branch to make any appropriation of money or to redirect an appropriation or limit in any fashion an appropriation already made by law, except as the legislative branch may provide by law or as may be required by the constitution of the United States. AMENDED: Same but strikes reference to U.S. Constitution. Failed to achieve required 2/3rds vote 3/28/12.

Minnesota SB 506 SENATE VERSION: Increases conciliation court jurisdiction to $20,000 from $7,500 or, if case involves consumer credit transaction, to $10,000 from $4,000. AS AMENDED BY HOUSE: Increases conciliation court jurisdiction to $10,000 from $7,500 or, if case involves consumer credit transaction, to $5,000 from $4,000. Approved as amended by House Ways & Means Committee 3/29/12.

Missouri HB 1512 Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state. Approved by full House 3/27/12.

Missouri HB 1636 Allows certain cities, town, and villages to elect to have only certain municipal ordinance violations heard by an associate circuit court or county municipal court. Approved by full House 3/28/12.

Oklahoma SB 1346 Provides in the event of an ethical disqualification by a municipal judge, the senior municipal judge may appoint, on a case-by-case basis, a sitting municipal judge in another municipality within the same county or an adjacent county to act as a special judge for the purposes of hearing the case. Approved by House Judiciary Committee 3/27/12.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Georgia HB 1176 Requires judicial council adopt establish mandatory policies (rather than standards) and practices for mental health, drug court, divisions. Requires council certify mental health and drug courts. Requires creation of electronic information system(s) to gauge performance of mental health and drug courts. Approved by full Senate 3/27/12. House concurs with Senate amendment. To Governor for approval.

New Hampshire HB 1395 Declares unconstitutional and revokes supreme court rules amendments that would require attorneys to create or maintain a pooled interest-bearing trust account for clients funds nominal in amount or to be held for a short period of time, and to remit the interest earned thereby to the New Hampshire Bar Foundation. Approved by full House 3/28/12.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

Georgia HB 534 Modifies qualifications for probate clerks in various counties and the service of probate clerks as judges of probate. Approved by House Judiciary Committee 3/5/12. Approved by full Senate 3/27/12. To Governor for approval.

Maryland SB 48 (Constitutional Amendment) Requires judges of the Orphans Courts *in Baltimore County only* be attorneys. Approved by Senate Judicial Proceedings Committee 2/14/12. Approved by full House 3/28/12. To appear on 2012 ballot.

Salary and Budget: Newly Introduced

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. In Senate Judiciary Committee.

South Carolina SB 1372 Creates committee to review the pensions and make recommendations for the appropriate pension levels of state constitutional officers, judges, and legislators. In Senate Finance Committee.

Salary and Budget: Floor and Committee Activity

Alaska SB 168 Alters geographic cost-of-living salary adjustments for justices of the supreme court and judges of the superior and district courts. Advanced without recommendation by Senate Finance Committee 3/28/12.

Connecticut HB 5034 Makes alterations and changes to judicial retirement plans. Approved by Joint Committee on Judiciary 3/28/12.

Connecticut SB 31 Creates commission on compensation to set judicial salaries every four years. Commission’s recommendations go into effect automatically unless modified or abrogated by legislature. Approved by Joint Committee on Judiciary 3/26/12.

Georgia HB 351 Changes portion of fees/fines paid to the Judges of the Probate Courts Retirement Fund. Approved by full Senate 3/27/12. To Governor for approval.

Georgia SB 50 Resorts priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, so as to add certain fees for funding of local victim assistance programs into the list of priorities. Approved by full House 3/27/12. Senate concurs with House amendment. To Governor for approval.

Idaho HB 651 Increases judicial salaries 2%. Approved by full Senate 3/26/12. To Governor for approval.

Idaho HB 660 Revises and restructures Judges Retirement Fund. Increases employers contribution rate from 7% to 10.5% & employees rate from 6% to 9%. Increases civil filing fee contribution to Fund from $18 to $26. Provides judges and justices who take office beginning July 1, 2012, would be eligible for Plan B service. Approved by full House 3/28/12. Approved by full Senate 3/29/12. To Governor for approval.

Kansas SB 425 AS AMENDED: Removes all original provisions. Delays by five years the statutory requirement that the Judicial Branch add the 14th Court of Appeals judge, from January 1, 2013, to January 1, 2018. Approved as amended by full House 3/30/12. Senate does not concur with House amendment.

Kentucky HB 300 Requires that an audit of the Judicial Form Retirement System shall be performed by the Auditor of Public Accounts at least once every five years. Requires the governing board and investment committee for the Judicial Retirement Plan establish ethics policies and procedures. Establishes term limits for members and chairs of the Board of Trustees of the Judicial Retirement System. Requires the Judicial Form Retirement System to make available on a public website all system expenditures, except protected individual retirement-specific records of members/retirees of the Judicial Retirement Plan; establish conflict of interest provisions for System trustees and employees; and mandate that no funds of the Judicial Retirement Plan shall be used to pay unregulated placement agents. Approved by full Senate 3/27/12. House concurs with Senate amendment. To Governor for approval.

Kentucky HCR 162 Establish the Kentucky Public Pensions Task Force to examine all state pensions, including Judicial Retirement Plan. Approved by full Senate 3/30/12. House concurs with Senate amendment. No further approvals required.

Maryland SB 335 Increases from 6% to 8% of earnable compensation the rate of member contributions for individuals who become members of the Judges Retirement System on or after July 1, 2012. Approved by House Appropriations Committee 3/31/12.

Mississippi HB 484 Increases judicial salaries. Pay for salaries via a) increase to filings of appeals from $100 to $200 b) a special $40 fee on a civil case filings and c) special $75 fee on criminal convictions. Specifically includes in responsibilities of chief justice supporting and implementing electronic filing systems for the courts and drug courts. Specifically includes in responsibilities of judges of the court of appeals service as special trial judges because of a statewide increase in litigation and insufficient resources to fully fund trial judge positions, and performing additional judicial services after usual state business hours to reduce delays, backlogs and inefficiencies to comply with time standards adopted by and for the appellate and trial courts, and promoting public awareness of our judicial processes and openness and accessibility of our courts by being available to conduct programs and give speeches to civic, educational, governmental and religious organizations and entities. Specifically includes in responsibilities of circuit judges all necessary action to develop drug courts within their districts and to regularly report to the Administrative Office of Courts on the success of their drug court programs. The chancery and circuit court judges will take such action as is necessary to implement electronic filing and case management systems within their districts as developed by the Administrative Office of Courts as such systems become available and will take all necessary action to prepare their courts for electronic filing and case management. Approved by Senate Judiciary Committee 3/29/12.

Missouri HB 1460 Extends the expiration date of the statewide court automation fund to 2020. Approved by full House 3/28/12.

Oklahoma HB 2713 Provides forms and procedures associated with Court Clerks Revolving Fund to be developed and implemented by the Administrative Director of the Courts (currently State Auditor and Inspector). Approved by Senate Judiciary Committee 3/29/12.

Tennessee HB 2633 Increases by $2.00 the filing fee charged by clerks and data fee entry chargeable by clerks, except in certain cases brought by the state and state agencies. Approved by House Judiciary Committee 3/27/12.

Tennessee SB 2853 Increases by $2.00 the filing fee charged by clerks and data fee entry chargeable by clerks, except in certain cases brought by the state and state agencies. Approved by Senate Judiciary Committee 3/27/12.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Georgia HB 899 Moves judicial elections to July. Rejected by full Senate 3/27/12.

Oklahoma SB 1569 Requires judicial and other candidates provide proof of citizenship. Approved by Senate Rules Committee 3/28/12.

Tennessee HB 3282 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled. Approved by House Judiciary Committee 3/27/12.

Tennessee SB 3576 Provides that a member of the judicial performance evaluation commission is not eligible to seek or be appointed to an appellate judgeship for a period of one year immediately following conclusion of the member's service on the commission. Approved by Senate Judiciary Committee 3/27/12.

Tennessee SJR 475 (Constitutional Amendment) For appellate judges, expires the terms of all existing judges/justices. Provides for governor to appoint any person meeting the age/practice of law requirements, subject to senate confirmation. Provides for re-confirmation at end of every 8 year term. Approved by Senate Judiciary Committee 3/27/12.

Structure Changes: Newly Introduced

Pennsylvania HB 2283 (Constitutional Amendment) Provides that domestic relations matters are to be settled using a procedure set by the legislature. Requires courts create family resource centers. Requires judges, family law masters, and mediators receive training in domestic relations as specified in statute. In House Children & Youth Committee.

Structure Changes: Floor and Committee Activity

Arizona SB 1152 Authorizes but does not require creation of homeless courts as divisions of existing courts. Approved by full House 3/29/12. To Governor for approval.

Hawaii HB 2798 Establishes the Temporary Hawaii Veterans Treatment Court within the First Judicial Circuit Court. Approved by Senate Ways and Means committee 3/29/12.

Maryland HB 252 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. Approved by Senate Judicial Proceedings Committee 3/30/12.

Maryland 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. Approved by full House 3/28/12. To Governor for approval.

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

Connecticut HB 5290 Authorizes the Judicial Branch to lease its own facilities. Approved by Joint Committee on Judiciary 3/25/12.

Connecticut HB 5365 Specifies Supreme Court to sit in panels of 5, 6 or 7, per rules set by court. Provides senior judges of the Supreme Court may sit where a vacancy due to disqualification exists. Alters numerous laws in light of expansion of judicial performance evaluation program to trial referees. Allows the Judicial Marshal Academy to provide training to a broader range of security training. Provides an enforcement mechanism for the payment of certain fees. Authorize clerks to give notice of court orders and decrees by computer, facsimile or other technology. Eliminates obsolete references to the Community Court "pilot program". Clarifies the functions performed by intake, assessment and referral specialists employed by the Judicial Branch. Repeals obsolete sections pertaining to Messengers of the Supreme and Appellate Court and the pleading of demurrers. Approved by Joint Committee on Judiciary 3/25/12.

Connecticut SB 309 Requires the Probate Court Administrator to submit business reports to the Chief Court Administrator biennially, rather than annually. Revise various probate court operation provisions, including those related to costs for estates of nondomiciliary testators, transfer of proceedings, review of guardianships for persons with intellectual disability, and service of process on nonresident fiduciaries. Approved by Joint Committee on Judiciary 3/25/12.

Delaware SCR 21 ORIGINAL: Creates a Blue Ribbon Task Force to review the feasibility of opening Family Court proceedings to the public. AMENDED: Same, but adjusts membership and provides report due February 15, 2013. Approved as amended by full Senate 3/27/12.

Georgia HB 541 Includes in crime of obstruction of public administration threatening or intimidating a law enforcement officer, public official, or other person relating to such persons involvement in a judicial proceeding. House concurs with Senate amendment 3/29/12. To Governor for approval.

Georgia HB 665 Restructures the offices of the Clerks of Superior Court. Alters provisions with respect to appointment and succession to office of clerk. Changes provisions related to storage of paper and electronic documents. Increases bond amount at appointment to $1 million. House concurs with Senate amendment 3/29/12. To Governor for approval.

Georgia HB 997 Provides for the new crime of false lien statements against public officers, including all judges, or public employees, including every person employed by the judicial branch. Approved by full Senate 3/29/12. To Governor for approval.

Illinois HB 5187 Requires clerk of court post the rights of crime victims set forth in the Illinois Constitution and in law within 3 feet of the door to any courtroom where criminal proceedings are conducted. Approved by full House 3/27/12.

Illinois HB 5877 AS AMENDED: Provides that if the Administrative Office of the Illinois Courts has a policy and procedure for a state judicial officer to file a written request for non-disclosure of personal information by a government agency with the Administrative Office, the state judicial officer may file the written request with the Administrative Office of the Illinois Courts. Provides on a quarterly basis the Administrative Office to ill provide a list of all state judicial officers who have submitted a written request to it and provide the list to the appropriate officer with ultimate supervisory authority for a government agency. Requires he officer hall promptly provide a copy of the list to any and all government agencies under his or her supervision. Specifies receipt of the written request list constitutes the written request to the agency that it not disclose the personal information of the listed state judicial officers. Changes Election Code allowing redaction of a judicial candidate's home address on a certificate of nomination or nomination papers after the Election Code objection period, to apply only to a judicial officer who is a judicial candidate. Provides that prior to expiration of the objection period the judicial officer's home address information from the his or her certificate of nomination or nomination papers is available for public inspection; however, after redaction the home address information is only available for an in camera inspection by the court reviewing an objection to a judicial candidate's certificate of nomination or nomination papers. Allows a judicial officer applying for an Illinois Identification card to use his or her work address in lieu of his or her residence or mailing address in the card application. Includes judicial officers in the list of persons who may use a work or business address instead of a domicile address on a vehcile registration application. Approved as amended by fill House 3/28/12.

Kentucky HB 54 Adds judges to the list of persons to be notified upon the release or escape of an involuntary committed person. Approved with Senate amendment by full Senate 3/30/12. To House to concur with Senate amendment.

Kentucky HB 171 Permits retired Commonwealths or county attorney and retired assistant Commonwealths or county attorneys to carry a concealed deadly weapon statewide, including into courthouses. Approved by full Senate 3/26/12. To Governor for approval.

Kentucky HB 480 ORIGINAL: Makes technical changes relating to jury deliberations to change word "must" to "shall"> in various statutes. AMENDED: Permits county attorneys to operate traffic safety programs, provide restriction on who may participate in the program, and permit assessment of a reasonable fee. Establishes an additional fee of 15% of the fee the county attorney charges for the traffic safety program, but not less than $25, to be sent to the Administrative Office of the Courts to improve deputy circuit clerk salaries. Approved with Senate amendment by full Senate 3/29/12. House concurs with Senate amendment. To Governor for approval.

Maine SB 622 Implements recommendations of the Commission To Study Priorities and Timing of Judicial Proceedings in State Courts, including docketing/calendaring priority for various matters. Approved by full House 3/26/12. Approved by full Senate 3/27/12. To Governor for approval.

Maryland HB 92 Clarifies the definition of "shielding" in provisions of law relating to the removal of information regarding domestic violence protective orders from the public website maintained by the Judiciary. Specifies that "shielding" means to completely remove all information concerning the proceeding, including the names of the parties and any reference to the proceeding, from the public website. Approved by full Senate 3/28/12. To Governor for approval.

New Hampshire HB 334 Changes procedures for judicial performance evaluations. Expands evaluation to include "other nonjudicial branch officers as established by court rule". Requires judges that fail to achieve satisfactory evaluation have follow-up evaluation 18 months later. Requires all reports prepared on judicial performance identify judges individually. Approved by Senate Judiciary Committee 3/27/12.

New Hampshire HB 458 Establishes a sunset law for all judicial programs. Creates a joint legislative committee to review those programs, oversee the "sunset"> process, and conduct an ongoing review of legislative oversight procedures. Provides sunset committee to submit a termination schedule for all judicial programs by January 1, 2013. Provides every program is scheduled for review every 8 years. Rejected by Senate Judiciary Committee 3/28/12.

Tennessee HB 2978 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice. Approved by full House 3/29/12.

Tennessee SB 2671 Abolishes the court of judiciary. Creates 16-member board of judicial conduct. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. Approved by full Senate 3/29/12.