Volume 9 Issues 23 to 26


Indicates featured legislation

Jurisdiction: Newly Introduced

NONE

Jurisdiction: Floor and Committee Activity

NONE

Qualifications and Terms: Newly Introduced

Michigan HJR 19 (Constitutional Amendment) Increases maximum age limit for election to judgeship from 70 to 75. In House Elections Committee.

Qualifications and Terms: Floor and Committee Activity

Alabama HB 15 (Constitutional Amendment) Increase maximum age for election or appointment to judicial office to 75 years. Approved by Senate Finance and General Taxation Fund Committee 5/28/2015.

Alabama HB 673 Increases number of year of practice of law in order to be judge: appellate courts increase from 10 to 15 years; Circuit Court increase from 5 to 12 years; District Court increase from 3 to 6 years. Approved by House Judiciary Committee 5/26/2015.

Louisiana HB 350 Provides that law prohibiting those above the age of 70 from running for office of justice of the peace does not apply to those serving as a justice of the peace on or before August 2006. Approved by full Senate, delivered to governor for approval 5/26/2015.

Michigan SJR 10 (Constitutional Amendment) Removes prohibition on judges being elected or appointed after the age of 70. Approved by Senate Judiciary Committee 6/3/2015.

Oregon SJR 4 (Constitutional Amendment) Repeals provision allowing for the establishment of a mandatory retirement age. Approved by House Rules Committee 6/19/2015.

South Carolina HB 3862 ORIGINAL: Provides where retired judge recalled into service by Chief Justice, he or she must be evaluated by Judicial Merit Selection Commission and confirmed by legislature every 2 years. AMENDED: Same, but adds requirement that they be elected by the General Assembly in joint session.  Approved by full House as amended 5/26/2015.

Texas HB 257 Prohibits judges from having any interest in a business entity that owns, manages, or operates a private correctional or rehabilitation facility. Approved by full Senate, delivered to governor for approval 5/26/2015.

Texas HB 1923 Allows former statutory probate court judges to serve as special judges. Approved by full Senate, delivered to governor for approval 5/27/2015.

Rule Making Authority: Newly Introduced

New Jersey AR 251 Urges New Jersey Supreme Court to adopt rules to expedite child custody proceedings.  In Assembly Judiciary Committee.

New York SB 6001 Requires chief administrator of courts report specific data for all courts regarding misdemeanor offenses. In Senate Rules Committee.

Rule Making Authority: Floor and Committee Activity

Illinois SB 23 ORIGINAL: Prohibits Supreme Court from denying law license solely because person is not a citizen of the United States. AMENDED: Supreme Court is respectfully requested to promulgate any orders or rules to provide person may be granted law license if non-U.S. citizen under specified conditions. Approved by full House, delivered to governor for approval 5/28/2015.

New York AB 7698 Requires chief administrator of courts report specific data for all courts regarding misdemeanor offenses. Approved by Assembly Codes Committee 6/2/15. Approved by Assembly Ways & Means Committee 6/3/15.

Salary and Budget: Newly Introduced

Iowa SSB 1290 Sets salaries for judges and other officials. In Senate Appropriations Committee.

Nebraska LR 244 Directs interim study of judicial salaries. In Senate Executive Board.

New Jersey AB 4542 Increases judicial salaries by set amount over multiple years, and thereafter provides for annual salary cost of living adjustment.  In Assembly Judiciary Committee.

Ohio HB 263 Increases salaries for various state and local officials, including judges. Reinstates annual cost of living adjustment to their salaries. In House Government Accountability and Oversight Committee.

Salary and Budget: Floor and Committee Activity

Alabama HB 438 ORIGINAL: Allows probate judges to purchase additional retirement credits in the Judicial Retirement Fund of Alabama if they have the requisite years of creditable service. AMENDED: Same, but changes length of creditable service to qualify from 120 months to 14 years.  Approved by full House as amended 5/26/2015.

Alabama SB 411 ORIGINAL: Establishes new retirement plans, known as Judges' and Clerks' Plan, for justices, judges, and circuit clerks first elected or appointed to their respective positions on or after November 8, 2016. Provides plan to operate under the Judicial Retirement Fund. AMENDED: Same but makes it a misdemeanor to defraud the plan.  Approved by full House as amended; Senate concurred in House amendment; delivered to governor for approval 6/4/2015.

Delaware SB 67 Permits those incumbents occupying upper-level management positions in the Justice of the Peace Court to elect to remain in classified service or move to exempt service.  Approved by House Administration Committee 6/3/2015.

Kansas HB 2005 AS AMENDED: Creates or amends law related to docket fees, dispositive motion filing fees, and the Electronic Filing and Management Fund. Provides funding for judiciary only to occur if courts uphold as constitutional HB 2338 of 2014. Conference Committee report adopted, delivered to governor for approval 6/1/2015.

Louisiana HB 27 Alters deferred retirement benefits from the Clerks of Court Retirement and Relief Fund for members first hired on or after January 1, 2011. Approved by full Senate, delivered to governor for approval 5/26/2015.

Massachusetts HB 2378 Adjusts retirement earnings and benefits of certain senior justices. Approved by Joint Public Service Committee 6/3/2015.

Nebraska LB 468 Changes benefit and contribution provisions relating to judges retirement system. Approved by full Legislature, delivered to governor for approval 5/26/2015.

Nevada AJR 10 (Constitutional Amendment) ORIGINAL: Creates Citizens' Commission on Salaries for Certain Elected Officers to set salaries for Supreme Court, Court of Appeals, District Courts, and other state officials. Provides Commission's recommendations are binding. AMENDED: Same, but changes membership of Commission. AMENDED: Same but provides that commission may also establish salaries for various other offices within the state, including county commissioners, district attorneys, sheriffs, county clerks, county assessors, county recorders, county treasurers, and public administrators. Also changes qualifications for the seven officers to be appointed to the commission by the governor.  Full Assembly concurred in Senate amendment. Must be re-approved by 2017 legislature in order to appear on ballot.

Nevada SB 69 ORIGINAL: Modifies Judicial Retirement Plan. Allows retired judge to come back into service as senior judge within 90 days of retirement (currently must wait 6 months). AMENDED: Same, but also changes minimum age requirement for retired members to return as senior judges to a requirement that they (1) be receiving a benefit that is not actuarially reduced; or (2) a benefit that is actuarially reduced but the judge or justice has reached the required age at which they could have retired with a benefit that was not actuarially reduced. Also authorizes a retired justice or judge who is a member of the Public Employees' Retirement System and who accepts employment as a senior judge to continue to receive allowances under the system for the duration of that employment.  Approved by Senate Finance Committee as amended 5/25/2015.

Oregon HB 2316 ORIGINAL: Increases certain fees charged by justice courts. AMENDED: Same, but also allows court to order, or district attorney or defendant to file petition to conduct, deposition to perpetuate testimony of material witness. Also provides that party to proceeding in open court in justice or municipal court may arrange for recording or reporting of proceeding.  Approved by full Senate as amended 6/16/2015. House concurred in Senate amendments 6/18/2015.

Rhode Island SB 524 Provides that the judiciary's budget is exempt from control by the budget officer of the capital development planning commission and that the budget officer has only the authority to assist the judiciary in the development of its budget. Approved by Senate Judiciary Committee 6/2/2015. Approved by full Senate 6/4/2015.

Rhode Island SB 530 Eliminates references to the Department of Administration and inserts Supreme Court director of finance as accounting entity for court clerks. Approved by full Senate 6/4/2015.

Texas SB 1025 ORIGINAL: Provides county judges entitled to annual salary supplement from the state in an amount equal to 25 percent of the annual compensation provided for a district judge in the General Appropriations Act (currently county judges get $15,000). SUBSTITUTE: Same but reduces amount of supplement to 18 percent of the annual compensation provided for a district judges in the General Appropriations Act.  Approved by full House, delivered to governor for approval 5/27/2015.

Selection: Newly Introduced

Pennsylvania HB 1336 (Constitutional Amendment) Replaces current election system for appellate judges with merit selection Appellate Court Nominating Commission and retention elections. Requires Senate confirmation for those chosen by commission and appointed by governor. In House Judiciary Committee.

Wisconsin AB 265 Creates public financing system for supreme court races. In Assembly Campaigns and Elections Committee.

Selection: Floor and Committee Activity

Michigan HB 4596 Amends Michigan Campaign Finance Act to assume automatic compliance with a provision of the law that allows the campaign treasurers of incumbent judges or justices (both elected and appointed) to file a written statement that indicates a judge's campaign committee does not expect to receive or spend more than $1,000 for an election.  Approved by full House 6/3/2015.

Nevada SB 5 Provides unopposed District Judges need not have their names placed on ballots. Senate concurs with Assembly amendment 5/26/15. To Governor for approval.

North Carolina HB 222 AS AMENDED: For Supreme Court races, continues nonpartisan races for initial terms but provides for yes/no retention elections for subsequent terms. Approved by full Senate as amended 6/1/2015. House concurred in Senate amendment, delivered to governor for approval 6/4/2015.

Rhode Island HB 6307 Extends until 2016 law allowing any individual whose name was publicly submitted to the governor by the judicial nominating commission, eligible for subsequent nomination by the governor. Approved by full House 6/18/15.

Structure Changes: Newly Introduced

New Jersey SB 2995 Expands counties that may create a central municipal court in lieu of multiple municipal courts throughout county. In Senate Judiciary Committee.

Rhode Island SB 945 Creates Veterans Treatment Calendar in District Court. Adds one judge to District Court to oversee Calendar. In Senate Judiciary Committee.

Structure Changes: Floor and Committee Activity

Alabama HJR 171 Creates Business Litigation and Complex Litigation Study Committee to study possible creation of business courts/divisions. Approved by full House by voice vote 5/26/2015.

Alabama SJR 50 Creates Business Litigation and Complex Litigation Study Committee to study possible creation of business courts/divisions. Approved by full House by voice vote. No further approvals required.

New Jersey AB 3959 Expands counties that may create a central municipal court in lieu of multiple municipal courts throughout county. Approved by Assembly Judiciary Committee 6/4/15.

Other: Newly Introduced

NONE

Other: Floor and Committee Activity

California AB 874 Extends Dills Act regarding collective bargaining for employees of the Judicial Council, subject to specified exceptions. Approved by full Assembly 6/2/2015.

California AB 1028 ORIGINAL: Repeals provisions of state law that prevent certain retired judges or justices from administering oaths and affirmations and establishes a new Commission on Judicial Performance process for certification of retired judges who wish to administer oaths and affirmations. AMENDED: Permits a former judge who is retired by the Supreme Court for disability to administer oaths and affirmations if certified by the Commission on Judicial Performance. Requires all former judges and justices to submit a medical certification in conjunction with their application. Certification would permit judges and justices to administer oaths and affirmations for five years if certification indicated that they did not have a medical condition that could impair their ability to do so, or two years if certification indicated that they did.  Approved by full Assembly 6/2/2015.

California AB 1267 ORIGINAL: Repeals and rewords existing law to prohibit a person from filing or recording, or directing another to file or record, a lawsuit, lien, or other encumbrance against any person or entity, knowing that it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee. Requires the county recorder to establish a property fraud prevention notification system that notifies a subscriber that a document has been recorded against the subscriber’s property. AMENDED: Removes property fraud prevention notification system. Approved by Senate Judiciary Committee 6/18/2015.

California AB 1521 ORIGINAL: Allows for electronic signatures specified for court proceedings and judgments. AMENDED: Requires an attorney to provide a defendant or potential defendant of a construction related accessibility claim with an answer form developed by the judicial council, which would allow a defendant to respond in the event a complaint is filed.  Approved by full Assembly 5/28/2015.

California SB 682 Requires trial courts comply with specified requirements before contracting out services currently or customarily performed by that court's trial court employees. Provides requirement for contracting work and exceptions. Approved by full Senate 6/2/2015.

Connecticut HB 6172 Requires Superior Court judges report on a website when (A) motion to recuse a judge from a matter is filed, (B) a judicial grievance is filed against a judge, (C) a judge orders an individual removed from a courtroom, or (D) a judge orders incarceration, or threatens incarceration, of an individual in a noncriminal matter. In Joint Judiciary Committee.

Connecticut HB 7029 Extends power of Council on Probate Judicial Conduct to include probate magistrates, attorney probate referees, and candidates for probate judgeships. Eliminates 3-judge panels to hear certain involuntary commitment. Requires each probate court to maintain a checking account for its annually budgeted office funds, as transferred from the probate court administration fund. Allows, rather than requires, the governor to call a special election to fill a probate court vacancy. Requires the probate court administrator to choose another probate judge to temporarily fill the vacancy.  Approved by full Senate 6/3/2015.

Delaware HB 112 (Constitutional Amendment) Adds Chief Magistrate of the Justice of the Peace Court to state's judicial disciplinary body. Approved by Senate Executive Committee 6/17/2015.

Delaware HB 113 Specifically authorizes Supreme Court to hear cases outside Dover in cases of judicial emergencies or to inform/educate public. Approved by full House 6/18/2015.

Illinois HB 3933 Provides that the Illinois Access to Civil Justice Council shall develop (instead of the "General Assembly encourages the Supreme Court to develop") specified pilot programs.  Approved by full Senate, delivered to governor for approval 5/26/2015.

Louisiana HCR 195 Requests the Louisiana Supreme Court to make financial disclosure reports available for viewing on the internet. In House Judiciary Committee.

Louisiana HR 127 Requests the Louisiana Supreme Court to make financial disclosure reports available for viewing on the internet. Approved by full House 6/10/15. No further approvals required.

Maine HB 611 ORIGINAL: Permits the State Court Administrator to order the disposal or destruction of unclaimed property confiscated at courthouses by judicial marshals if the property remains unclaimed for more than 30 days. AMENDED: Removes from bill provisions eliminating the requirement that the District Court file a monthly report with the State Auditor regarding fines, surcharges, and assessments imposed by the court and clerks of judicial courts account to the State Auditor for all fees received by them or payable to them under oath.  Vetoed by governor; Veto overridden by full House 6/9/2015; Veto overridden by full Senate 6/10/2015.

Massachusetts HB 3551 Requests the opinions of the Supreme Judicial Court on certain questions of law pertaining to the origin of a "money bill" in relation to the General Appropriation Bill for fiscal year 2016. Approved by full House 5/22/15. No further approvals required.

Massachusetts HB 3593 Resolution replicating opinion of the Supreme Judicial Court on certain questions of law pertaining to the origin of a "money bill" in relation to the General Appropriation Bill for fiscal year 2016. Placed in House file.

Nevada AB 69 AMENDED: Revises provisions governing the recycling of paper and paper products by courts; revises provisions governing the duties of court clerks and justices of the peace in relation to the fees charged by those officials; revises provisions governing the collection and reporting of certain statistical information; changes the term "county clerk" to "clerk of the court" in certain statutes; removes provisions requiring courts provide the Court Administrator certain orders relating to bail forfeitures; repeals provisions governing an offer of judgment; repeals the requirement that the Nevada Supreme Court decide an appeal from judgment imposing the death penalty within a certain period; repeals provisions governing the selection of panels of jurors by boards of county commissioners; revises various other provisions relating to court administration.  Full Assembly concurred in Senate Amendment, delivered to governor for approval 5/28/2015.

Nevada SB 60 ORIGINAL: Requires clerk of court notify state Attorney General when state law or state constitutional provision struck down. AS AMENDED: Strikes all reference to clerk notification to Attorney General. AMENDED: Same but provides for funding.  Approved by full Assembly, delivered to governor for approval 5/29/2015.

New York AB 8083 Vests the Chief Administrative Judge with authority, provided the local County Clerk agrees, to implement mandatory e-filing in a county and in most classes of cases. Continues present authorization for the use of e-filing, both consensual and mandatory, in criminal superior courts and Family Court. Continue permanently, without change, programs of consensual and mandatory e-filing in Surrogate's Court and the New York City Civil Court. Authorize use of e-filing in the Appellate Divisions at the discretion of each Judicial Department. Approved by full Senate 6/18/15. To Governor for approval.

New York SB 4337 In emergencies, allows town/village justices from areas not bordering the specific town/village to be called into service in the affected area. Approved by full Senate 6/1/2015.

New York SB 5833 Vests the Chief Administrative Judge with authority, provided the local County Clerk agrees, to implement mandatory e-filing in a county and in most classes of cases. Continues present authorization for the use of e-filing, both consensual and mandatory, in criminal superior courts and Family Court. Continue permanently, without change, programs of consensual and mandatory e-filing in Surrogate's Court and the New York City Civil Court. Authorize use of e-filing in the Appellate Divisions at the discretion of each Judicial Department. Replaced by AB 8083.

North Carolina HB 97 Requires reports to legislature of judges who waive criminal fees. Authorizes courts to create special sessions for "specialized cases or matters...including the holding of family court, drug treatment court, veterans' court, DWI court, mental health court, or any other innovative use of a session of court." Requires AOC provide directions. Moves Innocence Inquiry Commission under AOC and directs AOC audit annually. Directs creation of E-Courts Information Technology initiative/plan/advisory committee. Allows for use of tech funds to pay for data connectivity. Specifies "neither the Director nor the Administrative Office of the Courts is the custodian of the records of the clerks of superior court or of the electronic data processing records or any compilation of electronic court records or data of the clerks of superior court." Approved by full Senate 6/18/15. To House to concur.

North Carolina SB 83 Allows clerks to refuse to accept false liens filed against judges or other public officers and public employees. Approved by House Committee on Judiciary III 6/3/2015.

North Carolina SB 161 Allows Supreme Court to sit in its old summer-session chambers in Morganton twice a year. Approved by full House, delivered to governor for approval 6/10/2015.

Oregon HB 3399 ORIGINAL: Requires justice court or municipal court to record criminal proceedings. AMENDED: Same, but also provides that anyone may record open court or justice court proceedings by stenographic means as long as they are properly certified. If all parties agree, proceedings may also be audio recorded. Also provides that the party arranging for the recording is responsible for the costs.  Approved by full Senate as amended 6/9/2015. House concurred in Senate amendments, delivered to governor for approval 6/11/2015.

Oregon SB 385 Adds justice court and municipal court to definition of "court facility" in which firearms and other weapons are prohibited except in specified circumstances. Approved by full House, delivered to governor for approval 5/29/2015.

Oregon SB 919 Provides that person who falsely reports hazardous substance, fire, explosion, catastrophe or other emergency in court facility or public building commits crime of disorderly conduct in the first degree. Approved by full House, delivered to governor for approval 6/1/2015.

Pennsylvania HR 389 Directs House Judiciary Committee investigate for possible impeachment Lancaster County Magisterial District Judge Kelly Ballentine. In House Judiciary Committee.

Rhode Island HB 5972 ORIGINAL: Transfers licensing of constables from district court to department of business regulation. SUBSTITUTED: Changes various rules and requirements regarding the certification of constables.  Approved by House Judiciary Committee as substituted 6/16/2015. Approved by full House as substituted 6/18/2015.

Rhode Island SB 825 ORIGINAL: Transfers licensing of constables from district court to department of business regulation. SUBSTITUTE: Changes various rules and requirements regarding the certification of constables.  Approved by full Senate 6/10/2015.

Rhode Island SR 553 Requests Chief Justice and Dept. of Health and Human Services create task force to improve court scheduling, placement decision-making, and information regarding children in state care. Approved by full Senate 6/4/2015.

Texas HB 4103 Authorizes a judge of a municipal court not reappointed by the 91st day following the expiration of a term of office who continues to serve for another term of office to continue to perform the duties of the office without taking an additional oath or affirmation otherwise required under the Texas Constitution.  Vetoed by governor 6/20/2015.

Texas SB 1913 Clarifies the statutory authority of judges to hire a county court administrator in a county served by multiple state district courts and county courts at law.  Approved by full House 5/27/2015.