Volume 6 Issue 17

Indicates featured legislation

Jurisdiction: Newly Introduced

New York AB 9826 Increases the jurisdictional limit from $3,000 to $15,000 for justice courts. In Assembly Judiciary Committee.

Jurisdiction: Floor and Committee Activity

Louisiana HB 777 Changes the jurisdictional amount in dispute in a small claims division of city court from $3,000 to $5,000. Approved by full House 4/17/12.

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 full House 4/20/12. Senate does not concur with amendment.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

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. Senate moves to reconsider.

Rule Making Authority: Newly Introduced

Alabama HB 705 Requires Supreme Court adopt rules to implement expedited civil actions in cases where damages do not exceed $100,000. In House Judiciary Committee.

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

New York AB 9827 Increases fees for commencement of small claims to $20 for claims under $1,000 and $30 for claims between $1,000 and $3,000. In Assembly Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Oklahoma HB 2578 Authorizes counties and county officers to contract with a collection agency to recover court penalties, costs, fines and fees in cases in district court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court. Approved by full Senate 4/17/12. To House to concur with Senate amendments.

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 full House 4/16/12.

Tennessee HB 3604 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. Approved by House Finance, Ways & Means Committee, General Subcommittee 4/18/12.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Missouri SJR 51 AS AMENDED: Increases the number of individuals that the Appellate Judicial Commission nominates for vacancies in the Supreme Court or Court of Appeals from three to four. Replaces Supreme Court member who currently serves as commission chair with additional person chosen by Governor. Provides Supreme Court will appoint a former Supreme Court or Court of Appeals judge to serve as a nonvoting member of the commission if the former judge has not been removed for cause or failed to be retained in a retention election. Provides members appointed by the Governor no longer must be non-bar members. Provides appointed members will serve terms of four years, staggered so that a Governor will appoint two when taking office and two during the middle of his or her term. Approved as amended by Senate Judiciary Committee 4/18/12.

Tennessee SJR 710 (Constitutional Amendment) ORIGINAL: Constitutionally enshrines a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. AS AMENDED: Eliminates all references to merit selection. Provides appellate judges to be chosen at the discretion of the governor, confirmed by the Legislature, and elected in a retention election by the qualified voters of the state. Senate floor amended 4/16/12.

Tennessee HJR 753 (Constitutional Amendment) ORIGINAL: Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. AS AMENDED: Eliminates all references to merit selection. Provides appellate judges to be chosen at the discretion of the governor, confirmed by the Legislature, and elected in a retention election by the qualified voters of the state. Approved as amended by House Finance, Ways, and Means Committee 4/17/12.

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 4/17/12.

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 full Senate 4/16/12. To Governor for approval.

Tennessee HB 2537 Extends sunset date for the judicial performance evaluation commission to June 30, 2013.Approved by full House 4/18/12. Approved by full Senate 4/19/12. To Governor for approval.

Tennessee SJR 183 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by full Senate 4/16/12.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Illinois HB 4926 Changes the definitions of "drug court professional", "Veterans and Servicemembers Court professional", and "mental health court professional" to include peer recovery coaches and coordinators. Provides that a Veterans and Servicemembers Court may be established as a problem solving court and includes a mental health court. Deletes provisions that exclude from a Veterans and Servicemembers Court program or a mental health court program a defendant who has previously completed or has been discharged from such program within 3 years of that completion or discharge. Provides that in addition to other entities prescribed by law, mental health court professionals, Veterans and Servicemembers Court professionals, and juvenile detention facilities may disclose a recipient's mental health record or communications, without consent, to each other, but only for the purpose of admission, treatment, planning, or discharge. Approved by Senate Criminal Law Committee 4/18/12.

Louisiana HB 592 Adds authority for judges of judicial district to create a section or division for misdemeanors and traffic offenses. Approved by full House 4/17/12.

Tennessee SB 3222 ORIGINAL: Authorizes creation of veterans' courts to address particular concerns of veterans suffering from post traumatic stress and other conditions arising from military service. AS AMENDED: Directs the administrative office of the courts to study the feasibility of establishing specialized veterans' courts in Tennessee. Specifies goals and considerations that will be part of the study. Requires the department of veterans' affairs and all other appropriate state agencies to assist the AOC in conducting the study, upon request. Requires the AOC to submit an interim report regarding such study by September 1, 2012, and to submit its final report by December 1, 2012, to the judiciary committees of each house. Approved by full House 4/18/12. To Governor for approval.

Other: Newly Introduced

New York AB 9870 Establishes the crime of aggravated harassment of police officers, peace officers, court officers, emergency medical technicians or paramedics. Provides that such crime is a class E felony. In Assembly Codes Committee.

Other: Floor and Committee Activity

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 Senate Criminal Law Committee 4/18/12.

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 vehicle registration application. Approved as amended by Senate Executive Committee 4/18/12.

Louisiana HB 763 Authorizes clerks of court to destroy records if authorized by the state archivist. Approved by full House 4/17/12.

Missouri HB 1211 Removes the requirement that judges of a county municipal court be residents of the county, and instead, allows the county to establish qualifications for the position by ordinance. Authorizes any local governmental agency to use collection agencies to collect specified debts, including court or administrative fines or costs associated with a criminal conviction or entry of a civil judgment. Authorizes any county of the first classification to prosecute and punish violations of its county orders in the circuit court or in a county municipal court if the creation of a county municipal court is approved by an order of the county commission. Approved by full House 4/19/12.

Missouri HB 1534 Prohibits judges and other public officers/employees from enforcing federal Patient Protection and Affordable Care Act. Declares any U.S. government employee who attempts to enforce law is guilty of class A misdemeanor. Approved by full House 4/19/12.

Missouri HB 1754 ORIGINAL: Specifies that court commissioners, including probate commissioners, have the powers and duties of an associate circuit judge so that their orders, judgments, and decrees will no longer be subject to confirmation or rejection by the circuit judge. Restructures various circuits in state. AS AMENDED: Eliminates, beginning January 1, 2015, all court commissioner positions except for family court commissioners whose salaries are partially paid by county funds and creates new associate judge or circuit judge positions to replace the commissioner positions. The salary of the commissioner will determine whether his or her position is replaced by an associate judge or circuit judge position. Terminates the authority of any court to appoint commissioner positions but allows courts to continue to regulate the practice areas of associate judges. Restructures various circuits in state.

New Hampshire HB 344 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 full Senate 4/18/12.

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 House Finance, Ways and Means Committee 4/17/12.

Tennessee SB 2686 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. Approved by Senate Finance, Ways and Means Committee 4/17/12.