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.

North Carolina: amendment to revise all or almost all of the state’s judicial election districts approved in committee but unable to advance to floor

A plan to restructure North Carolina’s entire judicial election map was approved in committee earlier this week but appears to have been blocked from a floor vote.

HB 717 as originally filed in April would have altered a few judicial election districts. The amendment, offered according to news reports with little or no notice in the House Judiciary I committee, would have instead restructured all judicial divisions and districts in the state. Opponents accused the sponsors of wanting to gerrymander the judicial districts in favor of Republicans. The lead author claimed he was correcting an existing pro-Democratic gerrymander of the districts. The author did acknowledge during the committee hearing that the new maps were drawn without input from judges, prosecutors (whose lines would also be redrawn), court clerks, or the state’s Administrative Office of the Courts.

Although the plan did come out of committee, objections to the bill swiftly reduced the odds of a floor vote in the House this session and HB 717 has been sent back to committee (Elections and Ethics Law).

Michigan: bills set for hearing next week would require state court administrative office certify all veterans, drug, DWI, and mental health courts

A set of bills up for a hearing next week in the Michigan Senate’s Judiciary Committee would require that judges/courts that want to operate special problem solving dockets would have to be certified by the state court administrator’s office.

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 hearing is set for June 13.

North Carolina: Governor vetoes attempt to shrink Court of Appeals from 15 judges down to 12; “attempt by a political party to stack the Court of Appeals”, “unconstitutional”

North Carolina’s governor has vetoed an effort by the legislature to reduce that state’s intermediate appellate court (Court of Appeals) from 15 judges down to 12.

The veto message reads in operative part

Fewer judges will increase the court’s workload and delay the people’s access to timely appears and decisions. The bill is an attempt by a political party to stack the Court of Appeals. Additionally, I believe the legislation is unconstitutional.”

As I noted here, opponents claim the bill is a political move by the Republican controlled legislature to avoid giving the Democratic governor the power to fill interim vacancies set to occur as several members of the court are forced into mandatory retirement in the next few years. Proponents argue that that Court of Appeals’ caseload has dropped thus there isn’t the need for as many judges. They also note provisions in the bill that shift some cases directly to the Supreme Court.

The bill now goes back to the House which has scheduled an override vote for April 26.

Oklahoma: House and Senate appear to near agreement on restructuring state’s supreme court seats; bills specify 2 at-large justices come from counties with a population under 75,000

A plan to redistrict the Oklahoma Supreme Court appears nearing House and Senate agreement, with the House’s plan to require justices from more rural counties winning the day.

Currently the 9 members of the Supreme Court are appointed from 9 districts, but run statewide for yes/no retention elections.

HB 1925 as approved by the House last month and by the Senate Judiciary committee earlier this week would provide that starting in November 2017

  • 5 justices would be appointed, 1 for each Congressional District as constituted on November 1, 2017. For transition purposes, the current seats from Districts 1, 3, 4, 5, and 6 would turn into Congressional-District based seats.
  • 4 justices appointed at-large, however 2 justices must come from counties with a population of less than 75,000. The current seats from Districts 2, 7, 8, and 9 would transition to at-large.

The justices would still run statewide for yes/no retention elections.

 

North Carolina: Plans to shrink Court of Appeals clear Senate committee; already approved by full House

Plans to reduce the North Carolina Court of Appeals from 15 members down to 12 have cleared the Senate Judiciary Committee having been previously approved by the full House.

HB 239 would reduce the court from 15 to 12 by attrition; no judges would lose their office. Opponents claim it is a political move by the Republican controlled legislature to avoid giving the Democratic governor the power to fill interim vacancies set to occur as several members of the court are forced into mandatory retirement in the next few years. Proponents argue that that Court of Appeals’ caseload has dropped thus there isn’t the need for as many judges. They also note provisions in the bill that shift some cases directly to the Supreme Court.

HB 239 now goes to the Senate Rules Committee.

Louisiana legislator wants to expand Supreme Court from 7 to 9 members by dividing 2 existing judicial districts; would require 2/3rds vote of the legislature

Following expansion by 2 seats to the Arizona and Georgia Supreme Courts in the last 2 years, a member of the Louisiana House is moving to expand by law that state’s top court by 2 seats, but needs a supermajority to do it.

As I noted when this came up in Georgia, Louisiana is generally a “specific number” state: the state’s constitution specifies that the court is to be made up of 7 justices, or more specifically a “chief justice and six associate justices.” Moreover, justices of the Louisiana Supreme Court are elected by district.

However, the legislature is free, by 2/3rds vote, to alter the districts and the number of justices

The state shall be divided into at least six supreme court districts, and at least one judge shall be elected from each. The districts and the number of judges assigned to each on the effective date of this constitution are retained, subject to change by law enacted by two-thirds of the elected members of each house of the legislature.

Into this comes HB 406 of 2017. It would amend the existing statute (R.S. 13:101) to provide for 9 supreme court districts, dividing District 4 in a District 4-A and District 4-B and dividing District 5 into a 5-A and 5-B, with 5-B made entirely of East Baton Rouge Parish and 5-A of the rest of the existing District 5.

The bill has been prefiled in the House Committee on House and Governmental Affairs.