Volume 7 Issue 15

Indicates featured legislation

Jurisdiction: Newly Introduced

California SCA 13 (Constitutional Amendment) Provides court of appeals has jurisdiction to hear death penalty appeals (currently supreme court hears appeals). In Senate Rules Committee.

Jurisdiction: Floor and Committee Activity

Alabama SB 4 (Constitutional Amendment) Defines foreign law as "any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama." Provides "A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States." Approved by House Judiciary Committee 4/4/13.

North Carolina HB 416 Increases small claims from $5,000 to $10,000. Approved by House Judiciary Committee 4/3/13.

Qualifications and Terms: Newly Introduced

Alabama HB 555 Allows former appellate judges to serve as "private judges" for trial courts (currently only former trial judges may do so). In House Judiciary Committee.

Qualifications and Terms: Floor and Committee Activity

Hawaii SB 886 (Constitutional Amendment) Increases the mandatory retirement age for justices and judges from 70 to 80 years of age. Approved by full House 4/4/13. To appear on 2014 ballot.

Indiana HB 1333 Provides that county treasurers, county auditors, county recorders, circuit court clerks, and county surveyors (county offices) may attend the required county officer training courses after being elected to office (currently they are required to take the training after taking office) Approved with Senate amendment by full Senate 4/4/13. To House to concur with amendment.

Iowa HB 357 Specifies that a district judge appointee shall be a resident of the judicial district where the nomination occurred before assuming office. Where the judicial district is divided into judicial election districts, specifies the appointee shall be a resident of the judicial election district where the nomination occurred before assuming office. Approved with Senate amendment by Senate Judiciary Committee 4/4/13.

Mississippi SB 2046 Requires justice court clerks receive 12 hours of annual training. Conference committee report approved by House and Senate 4/2/13. To Governor for signature.

North Dakota SB 2076 Provides that for judgeships created in 2010, judges to continue to hold office until the next general election following appointment and if elected holds office for the remainder of the term and until a successor is elected and duly qualified. Approved by House 4/3/13. To Governor for signature.

Washington HB 1266 Extends mandatory retirement age for district court judges only from end of year judge turns 75 to end of term of office judge turns 75. Approved by Senate Law & Justice Committee 4/2/13.

Rule Making Authority: Newly Introduced

NONE

Rule Making Authority: Floor and Committee Activity

Arkansas SR 30 Urges Supreme Court adopt rules for tort reform similar to those in SJR 2 of 2013. Approved by full Senate 4/2/13.

Florida SJR 1740 (Constitutional Amendment) Removes supreme court's rulemaking authority with respect to death penalty cases. Approved by Senate Judiciary Committee 4/1/13.

Tennessee SR 32 Urges the Tennessee Supreme Court not to adopt the proposed amendment to Rule 8, Rules of Professional Conduct 8.4, of the Rules of the Tennessee Supreme Court relative to professional misconduct by attorneys. Approved by Senate Judiciary Committee 4/2/13.

Salary and Budget: Newly Introduced

Alabama SB 374 Creates Elected Court Officials' Plan under the Judicial Retirement Fund for district attorneys and clerks of court. In Senate Finance and Taxation General Fund Committee.

Connecticut HB 6692 Requires those too poor to pay fees associated with civil or criminal lawsuits work up to 20 hours in lieu of the fee. In Joint Committee on Judiciary.

Louisiana SB 155 Increases certain filing fees and costs levied by Louisiana Supreme Court. In Senate Finance Committee.

Louisiana SB 188 Increases judicial salaries in 2013: 5.5% for supreme court, 3.7% for court of appeals, 4% for district court, 2.1% for state paid city/parish court judges. Provides for 2.1% increases for 2014-2017 for all judges. In Senate Judiciary A Committee.

Louisiana SB 193 Provides for a statewide increase in court costs in city, parish, district, appellate, and supreme courts. In Senate Finance Committee.

Minnesota SB 1534 Increases judicial salaries 4% every year for 2013, 2014, 2015 and 2016 if and only if legislature adopts 1% increase in pension fund contribution rates by judges. In Senate Finance Committee.

New York SB 4485 Provides for the refund of certain mandatory surcharges and fees to be made by the court that collected such surcharge or fee. In Senate Codes Committee.

North Carolina HB 461 Modifies repeals restriction on travel reimbursement for trial judges to travel within the county. In House Judiciary Committee.

Pennsylvania SB 718 Provides fees, fines and costs assessed under state's Dog Law to go to Dog Law Restricted Account rather than Judicial Computer System Augmentation Account. In Senate Judiciary Committee.

Salary and Budget: Floor and Committee Activity

Florida HB 87 Providing that “termination” for a senior justice or judge occurs when all employment ceases and the justice or judge retires from the Florida Retirement System. Provides that a senior justice or judge is not subject to certain specified limitations on employment after retirement. Approved by House Appropriations Committee 4/3/13.

Florida HB 5301 Transfers Clerks of Court Trust Fund from Justice Administrative Commission to Department of Revenue. Provides additional duties of Legislative Budget Commission relating to clerks of court. Revises duties of Florida Clerks of Court Operations Corporation. Provides requirements for annual submission of proposed budget & related information. Revises language concerning functions that may & may not be funded from specified sources. Specifies that only certain functions may be funded from fees, service charges, costs, & fines retained by clerks of court. Revises provisions relating to preparation of budget requests Provides for certification of revenue deficits by clerks. Provides procedures for retention of additional revenues by clerks & release of funds from specified trust fund in certain circumstances. Provides for remission of certain excess collections. Approved by House Appropriations Committee 4/3/13.

Florida SB 1512 Transfers the Clerks of the Court Trust Fund from the Justice Administrative Commission to the Department of Revenue. Provides that clerks of court and the Florida Clerks of Court Operations Corporation are subject to specified procurement requirements for expenditures made pursuant to specified provisions. Provides for remission of certain excess collections to the department for deposit into the General Revenue Fund on specified dates. Exempts certain moneys deposited in the Clerks of the Court Trust Fund from a specified deduction. On Senate floor.

Indiana HB 1393 Establishes the judicial technology oversight committee (committee) to: (1) conduct a continuous study of information technology applications for Indiana's judicial system; (2) develop a long range strategy for technology and automation in Indiana's judicial system; and (3) make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts. Increases the automated record keeping fee from $5 to $10 for all civil, criminal, infraction, and ordinance violation actions with certain exceptions. Provides that the automated record keeping fee is $5 for all civil, criminal, infraction, and ordinance violation actions resulting in the accused person entering into a: (1) pretrial diversion program agreement; or (2) deferral program agreement. Approved by Senate Tax and Fiscal Policy Committee 4/4/13.

Missouri HB 84 Changes the laws regarding the requirements of the governing body of a city, town, or village when its annual revenue from fines and court costs for traffic violations exceed 35% of its total annual revenue. Approved by House Local Government Committee 4/4/13.

Montana HB 403 Provides clerks may charge 50 cents for providing or accepting copies of papers on file in the clerk's office by facsimile, e-mail, or other electronic means. Approved by Senate Judiciary Committee 4/4/13.

Oregon HB 2561 Authorizes Chief Justice of Supreme Court to establish reasonable fees for use of state court electronic applications and systems. Approved by House Ways & Means Committee 4/3/13.

Texas HB 1448 ORIGINAL: Provides justice court technology fund may be used for education of constables and purchase of technology enchantments for constables. AMENDED: Applies to county that has a population of 125,000 or more. Approved as amended by House Judiciary Committee 4/1/13.

Texas HB 2327 Increase various courthouse security fund fees. Approved by House Judiciary Committee 4/1/13.

Texas SB 1146 Eliminates the current per document fee for efiling in state courts and replaces with a per case filing fee. Creates the Statewide Electronic Filing Fee Fund to be distributed by the Office of Court Administration to support statute electronic filing technology and assist county governments with securing the necessary resources to implement the supreme court order. Approved as amended by Senate Jurisprudence Committee 4/3/13.

Texas SB 1147 Permits the Office of Court Administration (OCA), as authorized by Supreme Court rule or order, to implement an electronic filing system for use in the courts of the state. Approved as amended by Senate Jurisprudence Committee 4/3/13.

Washington SB 5891 Provides and judicial agencies must provide Office of the Chief Information Officer with information on proposed IT expenditures to allow OCIO to evaluate the expenditure on an advisory basis. Approved by full Senate 4/5/13.

West Virginia HB 2776 Increases court fees in civil actions to page for Fund for Civil Legal Services for Low-Income Persons Approved by House Finance Committee 4/1/13. Tabled by full House 4/4/13.

West Virginia SB 378 Increases salaries of those magistrates and their staffs whose salaries were reduced as a result of the 2010 census to precensus amounts. Approved by full Senate 4/3/13.

West Virginia SB 403 Provides a sliding scale for the retirement contribution of judges participating in the judicial retirement system to ensure that the judicial pension system remains fully funded and is a “qualifying system” under federal law. Approved by full Senate 4/3/13.

Wisconsin AB 22 Increases maximum court fees assessed for ordinance violations in municipal courts from $28 to $38. Approved by Assembly Judiciary Committee 4/4/13.

Selection: Newly Introduced

Alaska HB 200 Prohibits Judicial Council from making recommendation relating to a judge or justice seeking retention. In House Judiciary Committee.

North Carolina SB 699 (Constitutional Amendment) Changes judicial elections. Provides nominating commission to give two names to governor to select from when vacancy occurs. Provides governor to pick one person, but that BOTH are automatically to appear in next election. In Senate Rules Committee.

Selection: Floor and Committee Activity

Arizona HB 2600 Provides merit selection commissions must provide governor at least 5 names (constitution says at least 3 names) to fill a judicial vacancy. Approved by full Senate 4/4/13. To Governor for approval.

Arkansas HB 2065 Provides district court judicial candidates to file with Secretary of State and not county clerk. Modifies various provisions relating to judicial election deadlines. Approved by Senate State Agencies and Governmental Affairs Committee 4/4/13.

Arkansas SB 694 AS AMENDED: Provides judge appointed to interim vacancy on circuit or district court may not use "Judge" on ballot unless they are seeking the office of circuit or district judge and have served as a judge for at least 12 months. Approved as amended by full Senate 4/1/13.

Minnesota HB 136 Expands campaign finance and public disclosure law for public officials to include judges. Approved by State Government Finance and Veterans Affairs Committee 4/2/13.

Minnesota SB 1082 (Constitutional Amendment) Provides for merit selection for all judges in state with performance evaluation commission. Approved by Senate Judiciary Committee 4/2/13.

North Dakota SB 2299 Expands various campaign finance laws, in particular those related to political committees, to judicial races. Approved with House amendment by full House 4/1/13. To Senate to concur with House amendment.

Washington HB 1195 AS AMENDED: For judicial and other nonpartisan elections where only 2 candidates are up for office, provides contest is to occur at general election (currently decided at primary election) Approved by Senate Government Operations Committee 4/3/13.

Washington HB 1474 For judicial and other nonpartisan elections where only 2 candidates are up for office, provides contest is to occur at general election (currently decided at primary election). Approved by Senate Ways & Means Committee 4/1/13.

West Virginia HB 2805 Makes the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program. Approved by full House 4/3/13.

West Virginia SB 413 ORIGINAL: Makes the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program. AMENDED: Extends program to 2016 elections only. Approved as amended by Senate Judiciary Committee 3/27/13.

West Virginia SB 527 Requires governor fill vacancy in Supreme Court within 30 days of vacancy occurring. Allows chief judge to fill interim vacancy in clerk of circuit court. Clarifies when vacancies occur whether or not a special election must be called or if person may serve until next general election. Approved by full Senate 4/1/13.

Structure Changes: Newly Introduced

Louisiana HB 515 Creates Tax Court within each Court of Appeals. In House Judiciary Committee

Louisiana HB 585 Creates Tax Court within each Court of Appeals. In House Judiciary Committee.

Louisiana SB 152 Allows courts to create gun court docket. In Senate Judiciary A Committee

Structure Changes: Floor and Committee Activity

Maryland HB 83 Increases Court of Special Appeals (state's intermediate appellate court) from 13 to 15. Approved by full Senate 4/4/13. To Governor for approval.

Nevada AB 84 Requires certain district courts to establish an appropriate program for the treatment of certain offenders who are veterans or members of the military if funds are available. Approved by Assembly Judiciary Committee 4/3/13.

Tennessee SB 780 ORIGINAL: Requires the administrative office of the courts to reassess the state's judicial districts every 10 years. Requires findings of such reassessment and any suggested changes in the judicial districts or allocation of judges to be reported to the senate judiciary committee and the house of representatives civil justice committee. AS AMENDED: reduces number of judicial districts from 31 to 29 an alters numerous judicial district lines. Approved by as amended by Senate Finance, Ways & Means Committee 4/8/13.

Other: Newly Introduced

Alabama HB 507 Eases requirement that appellate judges reside in Montgomery. In House Constitution, Campaigns and Elections Committee.

Connecticut SB 995 Allows authorized Judicial Branch employees to access the Connecticut on-line law enforcement communications teleprocessing (COLLECT) system regarding branch job applicants or employees or job applicants at agencies under contract with the branch who will have access to criminal justice information. In Joint Committee on Judiciary.

New York SB 4490 Permits the audio and/or televising, broadcasting or taking of motion pictures of certain civil and criminal court proceedings. In Senate Codes Committee.

North Carolina SB 685 Generally allows judges, magistrates, and clerks of court to carry firearms anywhere in the state. In Senate Rules Committee.

Other: Floor and Committee Activity

Florida HB 643 Provides requirements for storage of papers & electronic filings. Authorizes clerk to provide public records in an electronic format. Clarifies when office title "Clerk of Circuit Court & Comptroller" may be used. Approved by House Justice Appropriations Subcommittee 4/4/13.

Florida HB 7017 Removes all references to "terms of court" in statute. Approved by full Senate 4/4/13. To Governor for approval.

Florida SB 496 Requires supreme court marshal & his or her deputies to comply with specified requirements for law enforcement officers. Specifies that marshal & his or her deputies are law enforcement officers with statewide authority to bear arms & perform official duties & apprehend without warrant under certain conditions. Deletes provisions relating to marshal & his or her deputies being conservators of peace. Approved by Senate Criminal Justice Committee 4/1/13.

Florida SB 556 Provides requirements for the storage of papers and electronic filings and requiring that they be stamped with the date and time of submission. Requires that the clerk provide access to public records without charge to certain persons, subject to a limitation and an exception. Approved by Senate Appropriations Subcommittee on Finance and Tax 4/4/13.

Florida HB 643 Provides requirements for storage of papers & electronic filings. Authorizes clerk to provide public records in an electronic format. Clarifies when office title "Clerk of Circuit Court & Comptroller" may be used. Approved by House Justice Appropriations Subcommittee 4/4/13.

Florida HB 7017 Removes all references to "terms of court" in statute. Approved by full Senate 4/4/13. To Governor for approval.

Florida SB 496 Requires supreme court marshal & his or her deputies to comply with specified requirements for law enforcement officers. Specifies that marshal & his or her deputies are law enforcement officers with statewide authority to bear arms & perform official duties & apprehend without warrant under certain conditions. Deletes provisions relating to marshal & his or her deputies being conservators of peace. Approved by Senate Criminal Justice Committee 4/1/13.

Florida SB 556 Provides requirements for the storage of papers and electronic filings and requiring that they be stamped with the date and time of submission. Requires that the clerk provide access to public records without charge to certain persons, subject to a limitation and an exception. Approved by Senate Appropriations Subcommittee on Finance and Tax 4/4/13.

Hawaii SB 32 Uniform Electronic Legal Material Act. Provides for official electronic versions of reported decisions of state's appellate courts and state court rules. Approved by full House 4/1/13. To Governor for signature.

Kansas HB 2115 CONFERENCE COMMITTEE: Remove the time restrictions from current law to allow the Supreme Court to enter into senior judge contracts with retired judges or justices at any time. Extends from 12 to 15, the aggregated number of years a retired judge may enter into agreements for temporary judicial employment. Amends 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. Conference committee report approved by Senate 4/4/13.

Kansas SB 81 Clarifies public agencies are not required to disclose on websites home addresses or home ownership of judges, court staff, and others specified. Senate concurs with House amendments 4/2/13. To Governor for signature.

Maryland HB 941 Prohibits a person from filing false liens or encumbrances against judges, court staff, and other public/elected officials. Approved by Senate Judicial Proceedings Committee 4/4/13.

Minnesota SB 712 Allows for death penalty for murder of judge. Increases penalty for various crimes committed against judges. Approved by Senate Judiciary Committee 4/2/13.

Mississippi SB 2385 Creates new crime of filing false lien against judges, court staff, and other public officials/employees. Approved with House amendment by full House 3/13/13. To Senate to concur.

Missouri HB 543 Provides state auditor may audit circuit courts. Approved by House General Laws Committee 4/2/13.

North Dakota SB 2272 Deletes statute related to district court reporters and bailiffs. Approved by full House 4/3/13. To Governor for signature.

Oklahoma HB 1242 Authorizes district court judges to carry firearms anywhere in the state if judge undertakes certain training. Approved by Senate Public Safety Committee 4/4/13.

Oklahoma SB 908 Provides Chief Justice is authorized to accept a gift on behalf of the state presented to the judiciary. Approved by House Government Modernization Committee 4/1/13.

Texas HB 62 AS AMENDED: Prohibits judges from having "a significant interest" owning, managing, or operating a private correctional or rehabilitation facility. Approved as amended by House Judiciary Committee 4/1/13.

Texas SB 753 Requires a district court clerk to produce all or a portion of the index of the parties to all suits that is not otherwise confidential by law, for inspection or copying if requested by application. Provides if the index is in an electronic form, the clerk would be required to provide an electronic copy and charge a fee set in accordance with the rules prescribed by the attorney general that are applicable to electronic copies of public information. Approved as amended by Senate Jurisprudence Committee 4/2/13.

Texas SB 966 AS AMENDED: Consolidates Licensed Court Reporter Interpretation Advisory Board, Court Reporters Certification Board, Guardianship Certification Board, and Process Server Review Board into new Judicial Branch Certification Commission (JBCC). Approved as amended by Senate Jurisprudence Committee 4/2/13.

Washington HB 1383 Provides for enhanced penalties for stalking a court employee, court clerk, or courthouse facilitator. Approved by Senate Human Services & Corrections Committee 4/2/13.

Washington SB 5452 Provides for enhanced penalties for stalking a court employee, court clerk, or courthouse facilitator. Approved by House Judiciary Committee 4/2/13.

Washington SB 5484 Provides assault of a person in a courthouse, courtroom or building associated with court proceedings is a class C felony. Approved by House Public Safety Committee 4/3/13.

Washington SB 5797 Provides legislature respectfully encourages the supreme court to adopt any administrative orders and court rules of practice and procedure it deems necessary to support the establishment of effective specialty courts. Approved by House Judiciary Committee 4/2/13.

Washington SB 5860 Provides Attorney General is not required to institute legal actions on behalf of Superior Court judges un less requested to do so by the Administrator for the Courts. Approved by House Judiciary Committee 4/2/13.

West Virginia HB 2787 ORIGINAL: Allows family court judges and magistrates to carry concealed handguns without a permit. AMENDED: Amends existing firearms laws with respect to judges. Allows any judge or prosecutor to carry a firearm into a courthouse, but only after having completed training and certification equivalent to that required of state police. Approved by full House 4/3/13.