Virginia: Senate committee OKs bill to mandate civil e-filing in under 18 months; no paper documents accepted after July 2019; provides for paying for system based on annual subscription fee

The Virginia Senate’s Courts of Justice Committee approved on a 15-0 vote last week a plan to mandate civil e-filing in the state within 18 months.

SB 980 provides that

  1. Except in limited instances no document filed in court shall contain the social security number of any party, or of any minor child of any party, or any identifying financial information of any party. If needed, the information must be filed in a separate addendum file by the attorney or party in such civil case.
  2. Requires all circuit clerks to establish and operate a system for electronic filing. Currently law provides they may create such a system.
  3. Provides that in civil cases after July 2019 all nonconfidential documents filed with the clerk are to be in electronic form and available through secure remote access and searchable by name and case number across all circuit courts that use the Office of the Executive Secretary’s electronic imaging system.
  4. Direcst the Executive Secretary of the Supreme Court to administer a paid subscription service that provides access to all electronic records maintained by the clerks who use such electronic imaging system for civil cases filed on or after July 1, 2019.
  5. Specifies that such subscription shall be on an annual basis, with an annual fee to be established by the Judicial Council of Virginia.
  6. Provides that any sums collected pursuant to such subscription shall be deposited into the state treasury to the credit of the Courts Technology Fund.
  7. Directs the Virginia Information Technologies Agency to update its document entitled “Security Standard for Restricted Remote Access to Documents on Court-Controlled Websites” consistent with the provisions of the bill by July 1, 2019.

Iowa: Senate bills would force courts to accept guns in courthouses; similar bills already filed in House

As I mentioned here the Iowa Supreme Court issued orders last year regarding a new law that expanded where guns could be carried first discussed here. The orders limited courthouse carrying of firearms, much to the anger of some legislators. A series of House bills were filed targeting the courts on this issue, now it is the Senate’s turn.

SF 2044 provides if state supreme court or local court prohibits carrying of firearms into courthouses, courts are to pay rent and provide armed security to be paid for by reducing judge’s salaries.

SF 2052 provides people may carry a firearm into a courthouse with a handgun permit.

SF 2104 provides no supreme court or judicial branch order may prohibit a person from carrying a firearm into a courthouse.

 

Iowa: Anger over Supreme Court orders limiting guns in courthouses continues, House member wants to cut Supreme Court salaries down to $25,000 (salary of a legislator), reduce their terms & term limit them

A member of the Iowa House has introduced 3 pieces of legislation targeting the state’s Supreme Court, the latest legislative reaction to orders released by the Supreme Court last year regarding a new law that expanded where guns could be carried first discussed here. The orders limited courthouse carrying of firearms, much to the anger of some legislators.

All three bills are not pending in the House Judiciary Committee.

Iowa: After state’s chief justice issues orders limiting carrying of guns into courthouses, state senator introduces plan to dock judicial pay down to as low as $25,000

Last year Iowa enacted a law allowing expanded carrying of firearms into “public buildings” and the question arose what this meant for courthouses and courtrooms. Chief Justice Mark Cady in June 2017 issued an order in June banning courthouse carry and later following up in December 2017 with another order that narrowed the June order but that still left the decision ultimately up to the local Chief Judge.

In response, at least one member of the Iowa Senate is looking at the possibility of reducing judicial salaries.

SF 2044 as filed provides that if the supreme court or local court issues a no-carry-in-a-courthouse order

  1. The local court must pay a rent of $2 per square foot per month to the county for the area of a courthouse used by the court.
  2. The judicial branch would have to provide armed security in the courthouse. Payment for the armed security would come from the Chief Judge’s salary on a dollar-for-dollar basis until the Chief Judge’s salary hit $25,000.

SF 2044 has been filed in the Senate Judiciary Committee.

Michigan: new laws require state court administrative office certify all veterans, drug, DWI, and mental health courts

A set of bills previously discussed here, that require Michigan judges/courts that want to operate special problem solving dockets be certified by the state court administrator’s office has been signed by that state’s governor (press release here).

SB 435 (drug courts), SB 436 (DWI/sobriety courts), SB 437 (mental health courts), and SB 438 (veterans courts) provide that existing or new problem solving courts/dockets must be certified (“The state court administrative office shall establish the procedure for certification.”) or will be shut down starting January 1, 2018.

Michigan: Senate unanimously approves bills requiring state court administrative office certify all veterans, drug, DWI, and mental health courts

A set of bills previously discussed here, that require Michigan judges/courts that want to operate special problem solving dockets be certified by the state court administrator’s office has cleared that state’s Senate (news report here).

SB 435 (drug courts), SB 436 (DWI/sobriety courts), SB 437 (mental health courts), and SB 438 (veterans courts) provide that existing or new problem solving courts/dockets must be certified (“The state court administrative office shall establish the procedure for certification.”) or will be shut down starting January 1, 2018.

The bills are “tie-barred”, meaning for one to pass, they must all pass.

The bills have now been assigned to the House Law and Justice Committee.

Florida: 2017 bill passed by Senate to levy civil fines and remove from office judges who try to stop the carrying of guns into courthouses already prefiled for 2018

Earlier this year I mentioned Florida SB 616. Under the 2017 bill the firearm permit holders would have been allowed to carry guns into courthouses, or at least those portions not directly used by the courts (such as courtrooms and chambers). Judges who attempted to prohibit courthouse carry were threatened with civil fines and removal from office by the Governor. It was approved by the Senate but went nowhere in the House.

Now, SB 616 of 2017 has been refiled as SB 134 of 2018. It again threatens judges with civil fines and removal from office if they attempt to issue an administrative order stopping courthouse carry or altering the definition of “courthouse” to be broader than the limited-space definition provided in SB 134 (emphasis added).

A local ordinance, administrative rule, administrative order, or regulation that is in conflict with the definition of the term “courthouse” in this subsection or the rights set forth under subparagraph (12)(a)4. is preempted to the Legislature under s. 790.33. The person, justice, judge, county, agency, municipality, district, or other entity that enacts or causes to be enforced a local ordinance, administrative rule, administrative order, or regulation that is preempted is subject to the penalties set forth in s. 790.33, including, but not limited to, civil fines and removal from office by the Governor.

SB 134 has not yet been assigned to a committee.