Volume 13 Issue 2


Indicates featured legislation

Jurisdiction: Newly Introduced

Maine HP 393 Directs the Judicial Branch To Establish a Veterans Treatment Court In Joint Committee on Judiciary

Missouri HJR 34 (Constitutional Amendment Allows both the General Assembly and the people to submit referendums on federal laws. Provides if federal law or regulation declared unconstitutional in a referendum, may not be enforced in state courts. In House (no committee)

Missouri HJR 35 (Constitutional Amendment) Allows both the General Assembly and the people to submit referendums on federal laws. Provides if federal law or regulation declared unconstitutional in a referendum, may not be enforced in state courts. In House (no committee)

New York AB 4360 Raises the civil jurisdictional limits to $10,000 for small claims. In Assembly Judiciary Committee

New York SB 3365 Increases amount of money actions and actions to recover chattels in justice court from $3,000 to $15,000. In Senate Judiciary Committee

Texas HB 1347 Provides that state courts may not rely solely on decisions of other courts in interpreting U.S. Constitution and "must rely on the plain meaning of the text of the United States Constitution and any applicable constitutional doctrine as understood by the framers of the constitution" In House (no committee)

Jurisdiction: Floor and Committee Activity

Hawaii SB 1286 Raises the district courts' jurisdictional limit for civil actions involving specific performance. Approved by Senate Judiciary Committee 2/5/19.

New York SB 1832 Raises the civil jurisdictional limits to $10,000 for small claims. Approved by Senate Judiciary Committee 1/28/19.

West Virginia SJR 5 (Constitutional Amendment) AS AMENDED: Provides with respect to impeachment "Rules of practice or procedure adopted by the House of Delegates or the Senate for impeachment proceedings or by the Senate for a trial on articles of impeachment shall not be subject to judicial review or judicial interpretation. No court of this state shall have the authority to stay or enjoin an impeachment proceeding or a trial of impeachment. Approved as amended by Senate Judiciary Committee 2/6/19.

Qualifications and Terms: Newly Introduced

Texas SB 561 Requires justice court judges be at least 30 (currently 25). Requires municipal court judges have at least 8 years of experience as a lawyer or judge (currently 2) and be at least 25 years old. In Senate (no committee)

Texas HJR 63 (Constitutional Amendment) Requires candidates have 6 years (currently 4) as a practicing lawyer or judge to be eligible to serve as a district court judge. In House (no committee)

Texas SJR 25 (Constitutional Amendment) Requires candidates have 10 years (currently 4) as a practicing lawyer or judge to be eligible to serve as a district court judge. Prefiled.

Texas SJR 35 (Constitutional Amendment) Increases the amount of time a person must have been a practicing lawyer or judge to be eligible to serve as a supreme court justice, court of criminal appeals judge, court of appeals justice, or district court judge. In Senate (no committee)

Qualifications and Terms: Floor and Committee Activity

Wyoming HB 37 Requires district court clerk and other county candidates reside in county for at least 1 year and reside in county through their service. Approved by Senate Corporations Committee 2/6/19.

Rule Making Authority: Newly Introduced

Nevada SB 5 Codifies the existing authority of the Nevada Supreme Court to adopt rules of civil or criminal practice and procedure, including the Nevada Rules of Civil Procedure, Nevada Rules of Criminal Procedure and Nevada Rules of Appellate Procedure In Senate Judiciary Committee

Nevada SB 6 Codifies the existing authority of the Nevada Supreme Court to adopt rules of civil or criminal practice and procedure, including the Nevada Rules of Civil Procedure, Nevada Rules of Criminal Procedure and Nevada Rules of Appellate Procedure In Senate Judiciary Committee

South Carolina HB 3827 Provides Circuit Solicitor to control court docket plan. In House Judiciary Committee

Texas SB 40 Allows supreme court to suspend rules of procedure due to disaster for up to 90 days. Allows chief justice to renew suspension. Allow for moving of sessions and terms of courts due to disaster even outside the judicial district or county if necessary. In Senate State Affairs Committee

Rule Making Authority: Floor and Committee Activity

NONE

Salary and Budget: Newly Introduced

Florida SD 7028 Modifies provisions authorizing justices or judges to purchase additional service credit in the Florida Retirement System under certain circumstances to conform to the revisions made to the mandatory judicial retirement age established in s. 8, Art. V of the State Constitution In Senate Governmental Oversight and Accountability Committee

Nevada AB 46 Increases annual base salaries for certain justices and judges. In Assembly Judiciary Committee

New Mexico SB 197 Creates a “judge pro tempore fund” in the state treasury to be managed by the Administrative Office of the Courts (AOC) through vouchers to compensate appointed judges pro tempore who serve temporarily in district courts. Senate concurs with House amendment 1/31/19. To Governor for approval.

Oklahoma HB 1091 Creates the Court Clerk's Records Management and Preservation Fund Prefiled.

Oklahoma HB 1416 Creates the Oklahoma Diversionary Court Funding Program. Prefiled.

Oklahoma SB 249 Creates Drug Court Fund in each county In Senate Judiciary Committee

Oklahoma SB 483 Creates the Court Clerk's Records Management and Preservation Fund In Senate Judiciary Committee

Oklahoma SB 654 Deleting requirement for payment for military service credit into judicial retirement system. Prefiled.

Oklahoma SB 694 Modifies requirements and deposits for certain funds. Prefiled.

Oklahoma SB 71 Provides if Board of Judicial Compensation recommends a change in compensation, information must be sent to the governor and legislative leader In Senate Appropriations Committee

South Carolina HB 3843 Creates Chief and Associate Chief Magistrate Supplement Salaries. Revises cost of living, merit, and other adjustments to those of other county employees. In House Judiciary Committee

Tennessee HB 670 Creates the court fee and tax advisory council; requires the council to consider and make recommendations on legislation that would create or increase litigation taxes or fees on criminal or civil cases and compile an annual report on all existing litigation taxes and fees. In House (no committee)

Tennessee SB 586 Creates the court fee and tax advisory council. Requires the council to consider and make recommendations on legislation that would create or increase litigation taxes or fees on criminal or civil cases and compile an annual report on all existing litigation taxes and fees. In Senate Government Operations committee

Tennessee SB 992 Exempts judges and chancellors from the professional privilege tax assessed to persons licensed as attorneys In Senate Finance, Ways, and Means Committee

West Virginia HB 2864 Increases salaries of magistrates, supreme court justices, circuit court judges, and family court judges In House Judiciary Committee

Salary and Budget: Floor and Committee Activity

Kansas SB 20 Extends the judicial branch surcharge to fund the costs of non-judicial personnel. Approved by Senate Judiciary Committee 2/7/19.

New Mexico SB 198 Allows AOC director to apply and receive public and private funds, including federal funds, for AOC operations. Approved by full House 1/30/19. To Governor for approval.

Virginia SB 1384 Increases by five percent the retirement allowance for judges for service earned on and after their fifty-fifth birthday. Approved by full Senate 2/1/19.

West Virginia SB 346 Changes rate which certain judges are paid for mileage when traveling within state Approved by Senate Finance Committee 2/5/19.

West Virginia SB 398 Fixes the rate of per diem compensation for senior judges or justices by statute and to limit the combined annual total of per diem compensation and retirement benefits that may be paid to a senior judge or justice, absent an Administrative Order by the Chief Justice of the Supreme Court of Appeals. Requires the State Treasurer to petition the West Virginia Supreme Court of Appeals for a writ of prohibition, prohibiting the State Auditor from issuing warrants to authorize payment of compensation to senior judges and justices above the new statutory compensation limits. Approved by full Senate 2/4/19.

Wyoming SF 102 Amends requirements for the management of bank accounts for money received by the circuit court. Approved by full Senate 1/29/19.

Wyoming SF 151 Increases judicial salaries. Approved by full Senate 2/6/19.

Selection: Newly Introduced

Illinois HB 2047 Provides that no judge or former judge may submit his or her candidacy for a vacancy in a judicial office by any method other than seeking retention in his or her office, unless that judge or former judge is seeking judicial office in a higher or lower court or he or she has not served as an elected or appointed judge for at least 2 years. In House Rules Committee

Illinois SB 1140 Provides that if a judicial candidate or candidate for State's Attorney has changed his or her name at any time after being admitted to practice law in Illinois and before the last day for filing the petition or certificate for that office, then the candidate's name on the petition or certificate must include a list of prior names and dates for each name change during that time period, and the petition or certificate must be accompanied by the candidate's affidavit stating the previous names and the date or dates each of those names was changed. In Senate Assignments Committee

Kansas HB 2192 Provides court of appeals judges to be nominated by the supreme court nominating commission and appointed by the governor. In House Judiciary Committee

Kentucky HB 123 Requires judges be elected in partisan races. In House Elections, Const. Amendments & Intergovernmental Affairs Committee

Maryland HB 487 (Constitutional Amendment) Increases the number of years between successive retention elections for judges of the Court of Appeals and Court of Special Appeals from 10 years to 12 years. Provides for a retention election for a Judge of the Circuit Court. In House Judiciary Committee

Minnesota HF 672 Repeals practice of putting word incumbent next to judge's name on ballot In House Government Relations Committee

Oklahoma SB 973 Redraws supreme court districts and provides that 4 of the 9 justices are to be elected at large. Redraws Court of Criminal Appeals districts. In Senate (no committee)

Tennessee HB 1257 Requires that appointments to the offices of senior judge, chancellor, circuit court judge, criminal court judge, or judge of any other trial court of record, district attorney general, and district public defender be confirmed by general assembly before appointees take office. In House (no committee)

Tennessee HB 1494 Requires nonpartisan elections for state trial court judges and county judicial offices, effective January 1, 2021; requires the incumbent officer to be listed first on the election ballot if the incumbent qualifies for the election. In House (no committee)

Tennessee HB 447 Extends the trial court vacancy commission to June 30, 2024 in House Government Operations Committee

Tennessee HJR 81 (Constitutional Amendment) Provides for the selection of the attorney general and reporter for the state with nomination by the supreme court and confirmation by the general assembly.  In House Judiciary Committee

Tennessee SB 1063 Requires nonpartisan elections for state trial court judges and county judicial offices, effective January 1, 2021; requires the incumbent officer to be listed first on the election ballot if the incumbent qualifies for the election. In Senate (no committee)

Tennessee SB 115 Extends the trial court vacancy commission to June 30, 2024. In Senate (no committee)

Texas SB 49 Relates to the availability on the Internet of reports of political contributions and expenditures filed in connection with certain county judicial offices. In Senate State Affairs Committee

Selection: Floor and Committee Activity

Arizona HB 2043 Provides municipal judges to be subject to retention elections. Approved by House Elections Committee 2/5/19.

Mississippi SB 2916 Changes date to qualifying for judicial office to March 1 Approved by Senate Elections committee 1/31/19. 

South Dakota SJR 3 (Constitutional Amendment) Ends nonpartisan election for all judges. Rejected by Senate State Affairs Committee 2/6/19.

Wyoming SF 141 Provides for senate confirmation of judicial nominating commission members Approved by Senate Transportation Committee 1/31/19.

Structure Changes: Newly Introduced

Iowa HF 215Establishes a drug court in each judicial district. In House Judiciary Committee

New Mexico HB 451 Creates District Water Courts. In House Agriculture & Water Resources Committee

Oklahoma HB 1120 Authorizes creation of limited municipal criminal court of record Prefiled.

Oklahoma HB 1121 Provides for the creation of limited municipal criminal courts of record for the prosecution of certain DUI offenses In House Rules Committee

Oklahoma HB 2366 Modifies Supreme Court and Court of Criminal Appeals judicial districts Prefiled.

Pennsylvania HB 332 Creates Commerce Division of the Superior Court (one of state's two intermediate appellate courts). Permits the Superior Court to create an option program for business appeals, subject to funding. Allows for the appointment of commerce courts coordinator. In House Judiciary Committee

Tennessee HB 1156 Extends the deadline for the advisory task force reviewing the composition of Tennessee's current judicial districts to publish its proposed statewide judicial redistricting plan from December 1, 2019, to December 15, 2019 In House (no committee)

Tennessee SB 230 Requires the senate judiciary committee and the house civil justice committee to conduct at least one joint, public hearing on the judicial redistricting plan proposed by the advisory task force to review composition of judicial districts. Requires the general assembly to take legislative action to adopt or reject the plan before adjourning the 111th general assembly. In Senate Judiciary Committee

Tennessee SB 561 Extends the deadline for the advisory task force reviewing the composition of Tennessee's current judicial districts to publish its proposed statewide judicial redistricting plan from December 1, 2019, to December 15, 2019 In Senate Judiciary Committee

Structure Changes: Floor and Committee Activity

Mississippi HB 1352Enacts Criminal Justice Reform Act. Among other things, renames all drug, mental health, veterans, and similar courts as "intervention courts". Approved by House Judiciary B Committee 2/4/19. Approved by full House 2/7/19.

Mississippi HB 334 Authorizes mental health courts throughout the state. Approved by House Public Health and Human Services Committee 1/31/19. Approved by full House 2/7/19.

Virginia HB 2665 Requires the Office of the Executive Secretary of the Supreme Court to develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local specialty dockets established in accordance with the Rules of Supreme Court of Virginia and submit a report of these evaluations to the General Assembly by December 1 of each year. Approved by full Senate 2/4/19. To Governor for approval.

Virginia HJR 687 Requests that the Office of the Executive Secretary of the Virginia Supreme Court study options and models for a tax court system in the Commonwealth, including the tax court systems of other states, as well as options and models provided by research organizations. Approved by full House 2/4/19.

West Virginia HB 2686 Permits the Supreme Court of Appeals of West Virginia to create a family drug court pilot program Approved by full House 2/7/19.

West Virginia SB 266 Creates Intermediate Court of Appeals. Provides judges of court are not to be elected but appointed and reappointed by governor and confirmed by senate. Approved by Senate Judiciary Committee 1/29/19.

West Virginia SB 40 Establishes Mental Health and Military Service Member Court program Approved by Senate Judiciary Committee 1/28/19

Wyoming SF 104 Creates chancery court to handle disputes involving commercial, business, trust and similar issues. Approved by full Senate 2/6/19.

Other: Newly Introduced

Arkansas SB 197 Provides a certified law enforcement officer, on-duty or off-duty, may possess a handgun in a courthouse and courtroom. Provides off-duty officer may not carry where officer is a party or witness unless law provides otherwise. In Senate City, County and Local Affairs Committee

Florida HB 635 Provides exemption from public records requirements for certain identifying & location information of current & former judicial assistants & their spouses & children. In House (no committee)

Florida HB 639 Requires sheriffs to provides security for trial court facilities. Requires sheriffs to coordinate security matters with chief judges. Specifies that sheriffs retain control over security matters & chief judges retain certain authority. Specifies that sheriffs & their deputies, employees, & contractors are officers of court for certain purposes. In House (no committee)

Florida SB 328 Authorizes certain Supreme Court justices to have an appropriate facility in their district of residence designated as their official headquarters. Revises the appellate jurisdiction of the circuit courts. Requires sheriffs to coordinate with the board of county commissioners and the chief judge of the circuit on a comprehensive plan for the provision of security for trial court facilities. In Senate (no committee)

Florida SB 746 Provides exemption from public records requirements for certain identifying & location information of current & former judicial assistants & their spouses & children. In Senate (no committee)

Florida SB 762 Requires sheriffs to provides security for trial court facilities. Requires sheriffs to coordinate security matters with chief judges. Specifies that sheriffs retain control over security matters & chief judges retain certain authority. Specifies that sheriffs & their deputies, employees, & contractors are officers of court for certain purposes. In Senate (no committee)

Indiana HB 15 Urges the Indiana Office of Court Services to promote the use and establishment of additional problem-solving courts in the State of Indiana. In House Courts and Criminal Code Committee

Iowa HF 267 Allows to clerk of court to serve any number of counties in same judicial district (currently limited to 4). In House Judiciary Committee

Kansas SB 119 Encourages judicial districts to establish and utilize specialty courts. In Senate Judiciary Committee

Nevada AB 20 Requires Supreme Court, when naming 2 justices of the peace or municipal court judges to the Commission on Judicial Discipline, receive the advice and consent of the Nevada Judges of Limited Jurisdiction association. Requires that the Nevada Rules of Civil Procedure apply to all stages of the Commission’s proceedings, including the investigatory stage. Clarifies that the standard of proof during the investigatory stage of the Commission’s proceedings is whether there is a reasonable probability, supported by clear and convincing evidence, to establish grounds for disciplinary action against a judge. In Assembly Judiciary Committee

Nevada SB 2 Creates the Subcommittee on Specialty Courts of the Advisory Commission on the Administration of Justice. In Senate Judiciary Committee

New York AB 4432 Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service. In Assembly Governmental Employees Committee

New York SB 1830 Authorizes the chief administrator of the courts to compile the data on misdemeanor offenses and violations, broken down by county. regarding race, ethnicity, age and sex of individual charged. In Senate Codes Committee

Oklahoma HB 1303 Transfers power to appoint county indigent defenders and others from judges in county to county committee. Prefiled.

Oklahoma HB 1304 Makes judges of district courts subject to open records requests Prefiled.

Oklahoma HB 1975 Requires victim impact panel to be approved by the Administrative Office of the Courts. Prefiled.

Oklahoma HB 2092 Authorizes municipal officials to carry firearms in municipal buildings including courthouses under certain circumstances. Prefiled.

Oklahoma SB 145 Creates task force to study and evaluate the feasibility and efficacy of transferring the oversight of the Merit Protection Commission to the Administrative Office of the Courts In Senate General Government Committee

Oklahoma SB 380 Authorizes Administrative Office of the Courts to enter into certain contracts for court reporters In Senate Judiciary Committee

Oklahoma SB 674 Allows active or retied municipal court judges to carry firearms in same manner as active or retired district court judges. Prefiled.

Pennsylvania HB 389 Requires training for district judges in relation to indigent, adolescent, mental health, disability and addiction defendants. In House Judiciary Committee

Rhode Island SB 236 Amends several provisions relative to how the commission on judicial tenure and discipline provide discipline, hearings, and discovery In Senate Judiciary Committee

Tennessee HB 1412 As introduced, extends from 180 days to 210 days the amount of time a newly elected or appointed judge or chancellor can practice law only in an effort to wind up the judge's or chancellor's practice after assuming office. In House (no committee)

Tennessee HB 395 Removes references and duties of the Tennessee Judicial Council In House (no committee)

Tennessee HB 485 Extends the Tennessee board of judicial conduct to June 30, 2020. in House Government Operations Committee

Tennessee HB 513 Increases from once a year to every six months, the frequency with which the Tennessee board of judicial conduct must review its records retention policy to determine if changes should be made to such policy. In House (no committee)

Tennessee HB 591 Permits a municipal judge to use a special substitute judge when the municipal judge is unable to preside; requires the special substitute judge to be appointed in a manner determined by ordinance of the governing body of the municipality or, if no such ordinance, in writing by the municipal judge In House (no committee)

Tennessee HB 636 Provides for use of senior general sessions or senior juvenile judge to sit as a special judge. In House (no committee)

Tennessee HB 701 Requires all courts to report caseload data to the AOC monthly in such a manner that the data is received no later than the 20th day, instead of the 15th day, of the following month in which the case is filed or disposed In House (no committee)

Tennessee HB 782 Renames the board of judicial conduct to be the board of judicial responsibility. Reconstitutes the board with all members to be chosen by supreme court. In House (no committee)

Tennessee HJR 140 Urges state and federal courts to refrain from giving judicial deference to state agencies in their interpretation of statutes and administrative rules. In House (no committee)

Tennessee HJR 146 Establishes a special committee to study Tennessee's justice system and identify possible reforms that would improve the fiscal health of the state and increase productivity and access to justice. In House (no committee)

Tennessee SB 1189 Permits a municipal judge to use a special substitute judge when the municipal judge is unable to preside; requires the special substitute judge to be appointed in a manner determined by ordinance of the governing body of the municipality or, if no such ordinance, in writing by the municipal judge In Senate (no committee)

Tennessee SB 452 Increases, from once a year to every six months, the frequency with which the Tennessee board of judicial conduct must review its records retention policy to determine if changes should be made to such policy. In Senate (no committee)

Tennessee SB 454 Removes references and duties of the Tennessee Judicial Council, In Senate (no committee)

Tennessee SB 575 Provides for use of senior general sessions or senior juvenile judge to sit as a special judge In Senate Judiciary Committee

Tennessee SB 580 Requires all courts to report caseload data to the AOC monthly in such a manner that the data is received no later than the 20th day, instead of the 15th day, of the following month in which the case is filed or disposed In Senate Judiciary Committee

Tennessee SB 722 Renames the board of judicial conduct to be the board of judicial responsibility. Reconstitutes the board with all members to be chosen by supreme court. In Senate (no committee)

Tennessee SB 740 Requires administrative director of the administrative office of the courts to develop and administer a text messaging program to remind criminal defendants to appear at their scheduled hearings in municipal and criminal courts. In Senate Judiciary Committee

Texas HB 1359 Provides that if state bar members wish to bypass courthouse security they may do so if they present a state bar membership card instead of an identification card issued or authorized for issuance by a county or municipality. In House (no committee)

Texas SB 48 Requires judges receive training regarding childhood trauma for those who hear cases involving certain children. In Senate (no committee)

Other: Floor and Committee Activity

Mississippi HB 1581 Clarifies that courtroom includes a judge's chamber, witness room and jury room for the statute that bans carrying of firearms into courtrooms. Approved by House Judiciary B Committee 2/5/19.