Georgia: New statewide Business Court with unique judicial selection system to appear on November 2018 ballot; Superior Courts could still create business divisions

Georgia has one of the most complex trial court systems in the nation, with at least 6 distinct trial courts (Superior, Probate, State, Magistrate, Municipal, and Juvenile). Now voters will decide on a 7th: Business Court.

HR 993 would amend the state’s constitution to create a Business Court. The plan, as amended, would still allow Superior Courts to create their own business court divisions.

Moreover, unlike the state’s other courts which are mostly elected, Business Court judges would be appointed by the Governor. Moreover, unlike any other state, confirmation would be done not by a single chamber (e.g. Senate) or both legislative chambers (as in Connecticut and Tennessee) but by the House Judiciary Committee and the Senate Judiciary Committee.

Rhode Island: House committee holds hearing on bills that would guarantee certain trial court judgeships & 3 seats on Judicial Nominating Commission to “persons of color”

A hearing was held earlier this week on a series of bills filed to address diversity in the Rhode Island judiciary. Video of the hearing before the House Judiciary Committee is here, starts at around 56:30 and ends at around 85:00. During testimony the author of the bills asserted that of Rhode Island’s 85 judges, few are “of color” and that the Judicial Nominating Commission had demonstrated bias in the past against persons of color. Moreover, the lead sponsor accuses some judges in Rhode Island of using their robes “as a lynching opportunity for people of color and poor people.”

The bills were (in order)

HB 7532 Requires that the judicial selection commission be composed of at least three members of color.

HB 7648 Provides any trial court seat currently filled by a “person of color” can only be filled in the future by another “person of color.”

HB 7649 Requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

HB 7908 Requires the judicial nominating commission to consider a nominee’s unique background and field of practice rather than emphasizing trial and courtroom experience in selecting new members of the judiciary.

The House Judiciary committee recommended the measures be held for further study.

Rhode Island: bill would require judicial nominating commission focus on “nominee’s perspicacity based on their unique background and experience in order to diversify the perspective of the judiciary”

The ongoing efforts by members of the Rhode Island House to diversify the bench continues.

HB 7908 as filed would require the state’s Judicial Nominating Commission focus on diversity and not emphasize courtroom and/or trial experience.

The commission shall consider each nominee’s perspicacity based on their unique background and experience in order to diversify the perspective of the judiciary of this state. When considering the qualifications of a nominee, courtroom and/or trial experience shall not be emphasized, but rather the commission shall consider the competence of the nominee in their chosen field of practice.

This is the latest in a series of bills related to judicial diversity introduced in the last threeweeks.

HB 7532 would require the 9-member Judicial Nominating Commission have at least 3 persons of color.

HB 7648 provides that when a person of color leaves a trial court bench (Superior, Family, District, Traffic Tribunal, Workers’ Compensation, or Municipal) “their replacement must be a person of color, so as not to diminish the number of judges of color in that court.”

HB 7649 requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

Florida: What is the Constitution Revision Commission looking at regarding the judiciary?

Although not technically a legislative entity, Florida’s Constitutional Revision Commission is, like the legislature, allowed to submit constitutional amendments onto the ballot affecting the courts. While there were 103 CRC proposals, these have been narrowed to Proposals Under Active Consideration as of today. Those affecting the courts include

      • Proposal 6: Requires any state court or administrative law judge to interpret a state statute or rule de novo, independent of an agency’s interpretation, in any litigation proceedings between a private party and an administrative agency.
      • Proposal 39: Among other things, prohibits a justice or judge from personally representing another person for compensation before the legislative, executive, or judicial branches of state government, other than practicing law before a judicial tribunal, for a period of six years following vacation of office.
      • Proposal 41: Allows judges to serve until age 75. Currently judges must retire at 70, but can serve out their current term if they already served at least 1/2 of it when they hit 70.
      • Proposal 47: Provides a person must be a member of a U.S. state or territory for 10 years to be eligible for a trial court judgeship (Circuit or County Courts).
      • Proposal 55: Requires the legislature to provide funding sufficient to offset the Clerks costs in providing services in criminal and other court cases in which the parties do not pay fees and costs.

Gone are any proposals regarding changes to judicial selection.

 

Hearings in Maryland and Missouri tomorrow to change way states pick judges

Plans to change the way judges are picked in Maryland and Missouri are set for committee hearings tomorrow.

In Maryland, two bills previously debated over the last several sessions are returning to the House Judiciary Committee (2017 coverage here).

HB 513 of 2018

Former HB 579 of 2017, HB 388 of 2016, HB 1071 of 2015SB 295 of 2013, HB 1385 of 2010

Ends elections for Circuit Court judges. Provides judges to be appointed by governor, confirmed by senate, and subject to yes/no retention elections. Reduces term in office from 15 years down to 10 years.

HB 607 of 2018

Former HB 826 of 2017, HB 223 of 2016

Ends elections for Circuit Court judges. Provides Circuit Court judges to be appointed by governor and confirmed by senate. Provides if confirmation vote is less than 80% of senate, judge is subject to contested election. Provides judges who are 80% confirmed or who win contested elect are to be reappointed by governor at end of a 15 year term and need not be reconfirmed or face another retention election.

In Missouri the Senate Government Reform Committee will consider SJR 28. Currently the nominating commissions for the state’s appellate courts and select Circuit Courts must send “three persons” to the governor. SJR 8 eliminates the “three persons” language and replaces with “all qualified nominees and shall not be limited in number, but shall contain at least three nominees.” A version of the plan (SJR 11 of 2017) cleared the Senate General Laws Committee last year after the Senate leader indicated he may move to simply eliminate the merit/commission system entirely accusing the state’s supreme court of “going rogue” and his desire to see more conservatives on the bench.

 

Rhode Island: House bills guarantee certain trial court judgeships to “persons of color”, require Judicial Nominating Commission actively recruit persons of color for judgeships

Over the last several years bills have been introduced in the Rhode Island House to mandate more diversity in the state’s courts (see here for the 2017 efforts and here and here for the 2016.)

Efforts to guarantee certain trial court judgeships in Rhode Island to “persons of color” have been re-introduced.

HB 7648 provides that when a person of color leaves a trial court bench (Superior, Family, District, Traffic Tribunal, Workers’ Compensation, or Municipal) “their replacement must be a person of color, so as not to diminish the number of judges of color in that court.”

HB 7649 requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

These bills are in addition to HB 7532 as filed last week that requires the 9-member Judicial Nominating Commission must have at least 3 persons of color. That bill was discussed here.

All three bills have been filed in the House Judiciary Committee.

West Virginia: Senate approves big changes to judiciary; constitutional amendment would let legislature control judiciary’s budget; creation of intermediate appellate court advances

The West Virginia Senate approved two big changes to the state’s judiciary yesterday

Judicial Budget Oversight Amendment

SJR 3 as approved addresses funding for the state’s judiciary. Currently the West Virginia judiciary is unique among all states in that it’s budget request must be approved by the legislature without a decrease

The Legislature shall may not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein. Provided, That no item relating to the judiciary shall be decreased

SJR 3 as introduced would have reasserted legislative control, striking the “That no item relating to the judiciary shall be decreased” language.

SJR 3 as approved by the Senate Judiciary committee struck the language, but added a protection.

Provided, That the Legislature may not condition the increase or decrease of an item relating to the judiciary upon a particular ruling, order or decision of a court of this state.

SJR 3 as approved by the Senate Finance committee changed the wording further still

Provided, That the Legislature may not make any law that conditions the increase or decrease of an item relating to the judiciary upon a particular ruling, order, or decision of a court of this state

The Senate Finance language was approved by the full Senate. If approved by the House it would still have be approved by voters.

Intermediate Appellate Court (at least for the next 10 years)

SB 341 as amended and approved by the full Senate yesterday is the latest in a 20 year effort to get an intermediate appellate court in the state.

SB 341 would create a court with two geographic districts (Northern and Southern) each with its own panel made up of 3 judges. Judges would not be “borrowed” from other courts; prior proposals would have created 3 judge panels made of 1 Supreme Court justice sitting with 3 Circuit Court judges. The court would automatically sunset in July 2029.

Interestingly, the judges of the new court would NOT be subject to any sort of election. Instead there would be a 3-step process.

  1. The state’s existing Judicial Vacancy Advisory Commission, currently used to fill interim vacancies, would submit names to the governor for each vacancy.
  2. The governor would then appoint a person subject to Senate confirmation.
  3. Once appointed, the judge serves for 10 years and may be reappointed. (Some of the first set of judges would serve 6-year or 8-year terms in order to create a staggered term system).

Included is a provision that civil appeals would lie either to the Intermediate Court of Appeals or Supreme Court of Appeals and that in civil cases “shall be afforded a full and meaningful review, and an opportunity to be heard, by the West Virginia Supreme Court of Appeals or the Intermediate Court of Appeals, and a written decision on the merits shall be issued, as a matter of right.”

SB 341 now goes to the House.