Session Start
Florida – 3/2
Crossover
Colorado – 3/8
Adjourn
New Mexico – 3/5
Session Start
Florida – 3/2
Crossover
Colorado – 3/8
Adjourn
New Mexico – 3/5
Issue 4:8 (February 19) is here.
Gavel to Gavel: The Blog is designed to be more expansive, in terms of both content and contributors, than the original e-publication. Writers will be key contributors on the front lines of legislation and the courts.
This week marks the first such contribution from Cristina Alonso, an attorney with Carlton Fields and co-chair of the NCSC Young Lawyers committee.
Florida’s legislature is not yet in session, but already has several bills to contend with foreclosures and the courts. SB 1778 and HB 75 provide procedural requirements and limitations for plaintiffs, defendants, and courts in certain foreclosure actions, including a requirement for court-ordered mediation. The bills would require that the Florida Supreme Court create “the form and content notices, affidavits, certificates, liens, and other forms required” and require Circuit Clerks to “provide all forms, together with instructions in English and Spanish, to a pro se defendant seeking assistance in any foreclosure action. Such forms shall be provided at no cost to the defendant.” Both bills are currently pending in various committees of both chambers.
HB 2784 originally increased claims jurisdiction from $3,500 to $7,000. The House Judiciary Committee cut this down to $4,500 on 2/12/10 and on 2/22/10 the House Finance Committee OK’ed the $4,500 threshold. It now goes to the full House.
For more details on the nearly dozen efforts to increase small claims throughout the U.S. this year, check out the Focus piece of Issue 4:6 here.
Nebraska’s LB 727 permits a retired judge who agrees to serve a minimum number of temporary duty days per year as set by the Supreme Court to receive a stipend to be set by the Court. The bill was denoted a “Speaker priority bill” on February 22.
Meanwhile, Kentucky’s HB 411, which would have required that construction management fees for courthouse construction be determined by competitive bidding, has been withdrawn.
SB 80, which would sets contributions limits for judicial candidates, made it out of the Senate in 2009 and was today approved by the House State and Local Government Operations Reform, Technology and Elections Committee. The committee made some amendments but retained the Senate’s limits: $2,000 in an election year and $500 in other years. It is now on the House floor and, if approved, would have to be re-approved by the Senate.
Pennsylvania Court of Common Pleas Judge Willis W. Berry, Jr. has served in that office in 1996 and had, prior too taking office, purchased over a dozen properties in Philadelphia. The properties were in poor condition and the judge cited over 70 times. According to the state’s Court of Judicial Discipline, Judge Berry made use of his office and judicial secretary for a decade to “assist him in the day-to-day operations concerning his properties.” The Court of Judicial Discipline suspended him for four months without pay and he was encouraged to resign by the Philadelphia Bar. Instead, Berry returned to work on January 4.
HR 603 appoints a sub-committee of the House Judiciary Committee to investigate Judge Berry’s actions and determine whether they rise to the level of an impeachable offense.
Crossover
South Dakota – 2/23
Indiana – 2/25
Mississippi – 2/26
Kansas – 2/27
Hearings
Illinois HB 4822 Removes Probation Services as a Division of the Supreme Court and places it as an independent agency headed by a Director appointed by the Governor. In House Rules Committee.
Kansas SB 541 Delays expansion of court of appeals from 13 to 14 judges until 2012. In Senate Judiciary Committee.