Judicial Councils

Judicial Councils vary from state to state, ranging from advisory bodies to formal policy makers and setters. Three states are wrestling with the possibility of eliminating these bodies.

Virginia’s HB 240 would eliminate the Council and transfer its responsibilities to the Supreme Court or the Executive Secretary of the Supreme Court (the official title for the state court administrator).

New Hampshire, on the other hand, is seeking to save its Judicial Council. In 2009, the state’s legislature passed as part of its appropriations bill a provision (144:87) automatically ending “all non-regulatory boards, commissions, councils, advisory committees, and task forces in state government created by statute or administrative rule” on June 30, 2011 unless new authorizing legislation was approved. HB 1689 would keep the Judicial Council in operation.

Tennessee’s Judicial Council is facing a similar automatic sunset. Statutorily, the Council expired June 30, 2009 and is currently in its one-year “wind down” phase. HB 1016 and SB 374 would extend it until June 2017 while HB 1102 and SB 373 would grant it only until June 2010. HB 1102 was approved on a 90-5 vote on June 3, 2009 while the Senate version was deferred until 2010.