Volume 6 Issue 23

Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

Louisiana SB 303 (Constitutional Amendment) AS APPROVED BY SENATE: "The right of each citizen to acquire, keep and bear, possess, transport, carry, transfer, and use arms for defense of life and liberty, and for all other legitimate purposes is fundamental and shall not be denied or infringed, and any restriction on this right shall be subject to strict scrutiny." AS APPROVED BY HOUSE: "The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny." Senate concurs with House amendment 5/29/12. To appear on 2012 ballot.

Michigan HB 5124 Changes language stating that concurrent jurisdiction plans "may" be adopted, into language stating that such plans "shall" be adopted, unless a majority of all judges vote not to have a plan of concurrent jurisdiction. Provides If such a vote occurs, the chief judge of the circuit court of the judicial circuit shall report the results to the State Court Administrator. Adds language allowing concurrent jurisdiction plans to include sharing jurisdiction between one or more district courts within a judicial circuit. Allows a plan of concurrent jurisdiction to apply to other matters involving trial court operation, as approved by the Supreme Court. Eliminates some of the types of plans that are not allowed under concurrent jurisdiction, including power of appointment to a public office delegated to a district court or district judge. Removes the requirement that district courts have exclusive jurisdiction over small claims, and that probate courts have exclusive jurisdiction over trust and estate matters. Approved by full House 5/31/12.

Qualifications and Terms: Newly Introduced

NONE

Qualifications and Terms: Floor and Committee Activity

NONE

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

New York AB 9400 Extends the chief administrator of the courts authority to allow referees to determine certain applications to a family court for an order of protection. Approved by full Senate 5/31/12. To Governor for approval.

North Carolina HB 517 AS AMENDED: Creates position of chief magistrate. Provides chief district judge may appoint full time magistrate for county to serve as chief magistrate at chief district judges pleasure. Modifies current method(s) for discipline of magistrates. Allows resident superior court judge to give notice in cases where defendant has not been tried for 9 months after indictment to hold a trial conference. Approved with Senate amendment by full Senate 5/29/12. House does not concur with amendment.

Salary and Budget: Newly Introduced

NONE

Salary and Budget: Floor and Committee Activity

California AB 2076 Permits courts in which the official court reporter fee was collected to retain that fee. Repeals reporting requirement of the Judicial Council regarding fee. Approved by full Assembly 5/30/12.

South Carolina HB 4821 Provides for fees and costs to be set for filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court. Provides all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology. Approved by full Senate 5/31/12. To Governor for approval.

Selection: Newly Introduced

North Carolina SB 908 Repeals matching funds for judicial candidates participating in state's public financing system. In Senate Judiciary I Committee.

Selection: Floor and Committee Activity

Rhode Island SB 2680 Vests with the governor the sole authority to nominate, on the basis of merit, from a list submitted by the judicial nominating commission with the advice and consent of the senate, all judges and magistrates, to all courts. (Currently presiding judges & chief judges appoint certain magistrates). Approved by Senate Judiciary Committee 5/29/12.

Structure Changes: Newly Introduced

NONE

Structure Changes: Floor and Committee Activity

Michigan HB 5128 ORIGINAL: Creates business courts as divisions of the circuit court. AMENDED: Business courts as divisions of the circuit court where there are three or more circuit judges. Approved as amended by House Judiciary Committee 5/31/12.

New Hampshire HB 1665 Enables superior court or circuit court to implement one or more drug courts. House concurs with Senate amendments 5/30/12. To Governor for approval.

New Jersey SB 881 AS AMENDED: Establishes pilot program for mandatory admission to drug courts. Approved by full Senate 5/31/12.

Other: Newly Introduced

North Carolina SB 953 Restores prior method of determining senior resident superior court judge for a district to mean judge who has longest continuous service (currently, selected by Chief Justice). In Senate (no committee).

Other: Floor and Committee Activity

California AB 2381 Provides employees of the Judicial Council may form bargaining units/unions. Defines "state employee" to include any employee of the Judicial Council except for managerial, confidential, and supervisory employees. Excludes from the definition of "state employee" any judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. Designates the Administrative Director of the Courts as the "employer" for purposes of bargaining or meeting and conferring in good faith. Specifically excludes certain matters from the scope of representation, however the impact of those matters are included if those matters affect wages, hours, and terms and conditions of employment of Judicial Council employees. Requires the Public Employment Relations Board (PERB) when determining appropriate bargaining units for these employees to not include them in a bargaining unit that includes other employees. Approved by full Assembly 5/30/12.

Louisiana HB 325 Increases the special cost assessed in criminal cases in each judicial district court for the district indigent defender fund. House concurs with Senate amendments 5/31/12. To Governor for approval.

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 Approved by full Senate 5/28/12. No further approvals required.

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 House 5/29/12. No further approvals required.

New Hampshire HB 146 AS AMENDED BY SENATE: Jury nullification. Provides "In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy." Conference committee recommends House accept Senate amended version 5/31/12.

North Carolina HB 778 AS AMENDED: Provides where there is significant evidence of prosecutorial misconduct in a case, the Chair of the Innocence Commission may request the Attorney General appoint a special prosecutor (currently, Director of the Administrative Office of the Courts appoints). Approved by full Senate 5/29/12. To Governor for approval.

Rhode Island HB 7848 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 by full Senate 5/31/12. To Governor for approval.

South Carolina SB 1055 Revises Judicial Council to include Chief Judge of Court of Appeals, person recommended by the Charleston School of Law, one person recommended by the South Carolina Bar (rather than the President of the Bar, and two summary court (rather than magistrate court) judges. Approved by House Judiciary Committee 5/30/12.