Volume 6 Issue 20

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Kansas SB 79 ORIGINAL: Amends the state debt setoff law to provide that the collection assistance fee for all debts owed to a court shall be paid by the debtor as an additional cost, rather than deducted from the debts owed to a court. AS AMENDED: Strikes all existing language. Declares void any court, arbitration, tribunal, or administrative ruling or decision based on a foreign law, legal code, or system that does not grant the parties affected the fundamental liberties, rights, and privileges granted by the U.S. and Kansas constitutions. Approved as amended by full House 5/7/12. Approved by full Senate 5/11/12. To Governor for approval.

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 Senate Judiciary A Committee 5/8/12.

New Hampshire HB 1422 ORIGINAL: Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individuals or corporations rights under the New Hampshire constitution or the United States Constitution. AS AMENDED: Unless the parties have previously agreed in writing to the contrary, no tribunal shall apply or enforce a foreign law or a state law or decision enforcing a foreign law, or base a determination in whole or in part on foreign law, if such application or enforcement would supersede or take precedence over any right, liberty, or privilege under the constitution of the state of New Hampshire, the laws or public policy of the state of New Hampshire, or the constitution of the United States. Referred to interim study by Senate Judiciary Committee 5/8/12.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

New Hampshire HB 1722 ORIGINAL: Clarifies no judge or attorney may appear before one another if in newly created Circuit Court if they are professionally affiliated. AMENDED: Provides no attorney associated with a judge in the practice of law shall be permitted to practice in the division at the circuit court site in which the judge is assigned. Approved by Senate Judiciary Committee 5/11/12.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

New Hampshire CACR 26 (Constitutional Amendment) AS APPROVED BY HOUSE: Repeals constitutional provision authorizing the chief justice of the supreme court to make rules governing the administration of all the courts. SENATE AMENDMENT: Provides "The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule." Approved as amended by Senate Judiciary Committee 5/8/12.

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. Rejected by Senate Judiciary Committee 5/8/12.

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 Senate Finance and Taxation General Fund Committee 5/9/12.

Connecticut HB 5388 ORIGINAL: Increases certain court filing fees and allocate sixty per cent of the funds generated to the interest earned on lawyers clients funds account to provide legal services to the poor, and allocate the remaining funds to the Judicial Data Processing Revolving Fund to fund technology projects within the Judicial Branch. AS AMENDED: Same, but sunsets the fee after 3 years. Approved as amended by full Senate 5/8/12. To Governor for approval.

Connecticut SB 31 ORIGINAL: Creates commission on compensation to set judicial salaries every four years. Commission recommendations go into effect automatically unless modified or abrogated by legislature. AS AMENDED: Recommendations no longer automatic. Approved as amended by full House 5/8/12. 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 Senate Judiciary B Committee 5/8/12.

New Hampshire SB 354 ORIGINAL: Makes technical corrections regarding the escrow fund for court facility improvements, including changing the name of the fund to the escrow fund for judicial branch facility improvements. AS AMENDED: Changes authority of administrative judges over new circuit courts. Decentralizes authority and requires each court have a presiding judge with administrative authority. Approved as amended by House Judiciary Committee 5/10/12.

Selection: Newly Introduced

NONE

Selection: Floor and Committee Activity

Missouri SJR 51 (Constitutional Amendment) 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 the Supreme Court member who currently serves as commission chair with additional person chosen by Governor. Allows Supreme Court to 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 by full House 5/10/12. To appear on 2012 ballot.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Louisiana HB 592 Adds authority for judges of judicial district to create a section or division for misdemeanors and traffic offenses. Approved by full Senate 5/8/12.

Michigan HB 5162 Authorizes but does not require veterans treatment courts as divisions of Circuit and District Courts to provide a supervised treatment program for veterans who abuse or are dependent upon controlled substances or alcohol or suffer from a mental illness. Approved by House Committee on Judiciary 5/10/12.

Other: Newly Introduced

Louisiana HCR 124 Requests the Innocence Project New Orleans to apply to the Judicial Council for an additional court cost to fund the Innocence Compensation Fund In House Judiciary Committee.

Other: Floor and Committee Activity

California AB 1529 Modifies provisions of law to reflect trial court restructuring. Deletes obsolete references to municipal courts and would specify the jurisdiction of a writ petition relating to a small claims case in the unified state court system. Approved by Assembly Public Safety Committee 5/8/12.

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 by Assembly Judiciary Committee 5/8/12.

Connecticut HB 5290 Authorizes the Judicial Branch to lease its own facilities. Approved by full Senate 5/9/12. To Governor for approval.

Connecticut HB 5365 AS AMENDED: 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. 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. Repeals authority for judges to appoint messengers and assistant messengers and set their compensation and assignments. Approved as amended by full Senate 5/9/12. To Governor for approval.

Connecticut SB 309 Specifies compensation probate judges receive for service as administrative judges for regional children's probate courts or special assignment probate judges are included in their calculations and contributions for purposes of retirement benefits. Clarifies a surviving spouse's entitlement to a pension when a judge or employee dies in office. Reduces the frequency of a probate court administrator reporting requirement. Makes several changes related to managing and safekeeping probate court records, including shifting certain responsibilities from the state librarian to the probate court administrator. Approved by full Senate 5/2/12. Approved by full House 5/7/12. To Governor for approval.

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.

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.

Louisiana SCR 93 Requests the Integrated Criminal Justice Information System Policy Board to meet and facilitate in the development of an integrated criminal justice information system. Approved by full Senate 5/7/12.

Michigan HB 5159 Adds circuit or district court judge who has presided over a veterans treatment court to state drug treatment court advisory committee. Expands committee's role to include monitoring the effectiveness of veterans treatment courts. Approved by House Committee on Judiciary 5/10/12.

Missouri SB 628 AS AMENDED: Authorizes local governmental agencies to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a criminal conviction or entry of a civil judgment. Extends collection of the statewide court automation fee until 2018 and the statewide court automation committee until 2020. Authorizes circuit courts that reimburse the state for salaries of their family court commissioners to charge up to $20. Approved as amended by full House 5/9/12. Senate refuses to concur with House amendments.

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". Rejected by Senate Judiciary Committee 5/8/12.

New Hampshire HB 1474 Prohibits requiring membership in any bar association or other professional organization as a condition for practicing law or for appointment to certain positions. Referred to interim study by Senate Judiciary Committee 5/8/12.

Oklahoma SB 1733 Permits unconcealed carry of firearm in court locations by a judge. Approved by full Senate 5/10/12. To Governor for approval.

Pennsylvania HB 1546 Eliminates the requirement Juvenile Court Judges Commission (JCJC) to compile and publish such statistical and other data as may be needed to accomplish reasonable and efficient administration of the juvenile courts system. Replaces with requirement to analyze the data required to be collected by JCJC to identify trends and evidence-based programs and practices to ensure efficient administration of the juvenile justice system. Requires the JCJC to make recommendations to judges, the Administrative Office of Pennsylvania Courts and other appropriate entities and to post that information on JCJC’s website. House concurs with Senate amendment 5/7/12. To Governor for approval.

Rhode Island SB 2681 Increases the number required for a quorum of the Commission on Judicial Tenure and Discipline from 8 to 9. Increases the number of affirmative votes required for a recommendation to the supreme court from 8 to 9. Approved as amended by full House 5/8/12. To Governor for approval.