Archive for December, 2010

KY: Paying for more court staff with a fee on the homeless?

December 31st, 2010

With the next legislative year expected to be the worst yet for operating expenses and long term debt, state legislators are scrambling to address increasing homelessness (from foreclosures or otherwise) and ways to pay for courts. One proposal, filed earlier this month in Kentucky as SB 26 would combine the two in an interesting fashion by adding a new statute (KRS 186.531(1)(f)(3)(a)) to read:

The cost of operators’ licenses and permits shall be as follows…fee for an identification card for a person who does not have a fixed, permanent address shall be four dollars ($4), two dollars ($2) of which shall be used to cover the Transportation Cabinet’s cost of equipment and supplies, and two dollars ($2) of which shall be an administrative fee of the circuit clerk for issuing the card that shall be deposited by the Administrative Office of the Courts into a trust and agency account for the circuit clerks and used for the purposes of hiring additional deputy clerks and providing salary adjustment to deputy clerks. (emphasis added)

The prefiled bill has yet to be referred to a committee.

Issue 4:25 is out

December 30th, 2010

Issue 4:25 (December 24) is here.

Special Edition: 2010 Year in Review

December 29th, 2010

As 2010 winds down, a review of the over 1000 pieces of legislation tracked by Gavel to Gavel this year seems in order. The bills and resolutions presented in this special edition represent just a sample of the legislation that advanced through the legislatures this year. To search the entire Gavel to Gavel database, click here.

E-signed and e-delivered, but not e-sealed?

December 28th, 2010

Signed, sealed and delivered is more than a Stevie Wonder song, it represents the attestation of an action or record of a court dating back centuries. Technology, however, has outpaced the days of wax and impressions. For that reason, several state legislatures have have had to go back and change the laws of their states to allow their courts more latitude. Legislatures in Oklahoma (HB 2253 of 2004), Iowa (HB 579 of 2009), and Michigan (SB 720 of 2010)  all authorized all courts in their state to e-seal. Texas in 2007 (SB 229) gave its district court the authority to create a seal electronically, thus allowing the courts to transfer, store, and locate documents with greater efficiency.

This year, Nevada enters into the e-seal fray. SB 6 authorizes the electronic reproduction of the seal of a court (current law requires either impressing the seal on the document or impressing the seal on a substance attached to the document). The bill is currently pending in the Senate Committee on Judiciary.

Cross-posted at Court Technology Bulletin blog

Increasing civil monetary jurisdiction levels of courts

December 27th, 2010

The push to raise the monetary limits of various courts is already in full swing this year, starting at a faster pace than normal. Already three states have bills pending to raise civil limits.

South Carolina SB 125 would increase magistrate court’s jurisdiction to $10,000 from $7,500. Virginia SB 774 would increase district court jurisdiction to $25,000 from $15,000. Finally, Wyoming SB 15 would redefine a small claim up to $7,500 from its currently $5,000.

As the legislatures of these three states are still out of session until January 11 or 12, no action has been taken on any of the bills.

VA: Another try at increasing the mandatory retirement age for judges

December 24th, 2010

For the fifth year in a row, Virginia is considering increasing the retirement age for its judges above its current 70.

The effort began in 2007 with SB 997, a bill that would have increased the age from 70 to 75. Its author submitted the bill “because many judges aren’t ready to retire by age 70.” A proposed committee amendment to remove the limit altogether failed because as the Senator in opposition put it “I know some judges who are so committed to practice they’d never retire.” The full Senate passed it 38-0, but the House failed to take it up.

In 2008, at least three bills (HB 783, SB 19, SB 34) made their way through various committees. Much of the focus was on SB 19, although passed by both chambers it was so heavily amended in each version they could not be reconciled before adjournment. 2009 proved no better: despite a unanimous 2007 Senate two years prior, an increase to 75 (SB 856) was rejected by the 2009 Senate 18-22; the House version (HB 1818) never even made it out of committee.

2010 marked a breakthrough year: SB 206 (increase to 73) made it through the Senate and the House Courts of Justice Committee, but died when referred to House Appropriations.

HB 1497 is picking up where SB 206 left off, with 73 the apparent target age.

Issue 4:24 is out

December 23rd, 2010

Issue 4:24 (December 17) is here.

MT: City courts of record?

December 22nd, 2010

In Montana, 92% of the state’s DUI cases are filed in the state’s limited jurisdiction courts, according to the state’s Office of Court Administrator. As part of its examination of the state’s DUI laws, the legislature’s Law and Justice Interim Committee has recommended allowing one type of these courts, City Courts, to be courts of record. The proposal has been introduced as SB 41 of 2011 and would additionally grant city judges all the powers and duties of district judges in like cases. Because these would be courts of record, review in the state’s District Courts would be as an appeal and not a trial de novo. The bill is in the state Senate awaiting committee assignment.

FL: Increasing requirements to be a trial court judge

December 21st, 2010

There have been numerous efforts to try and avoid the excesses of judicial elections, but one Florida House member has proposed a unique solution. In 2010, Broward County faced an “unwieldy primary election for judges [with] 42 candidates including 15 incumbents in 20 races”. (h/t Florida Bar News) This prompted state Sen. Jeremy Ring to introduce SB 140, a constitutional amendment that increases the number of years a person must be a member of the Florida bar before being eligible for a trial court judgeship. Circuit and county court judges would need to have 10 years as an attorney (currently 5 years for circuit, and bar admission only for county), the same qualifications needed as with the state’s appellate courts. An identical bill (HB 47) was also introduced in the House.

Special Edition: Removing Judges from Office for Specific Decisions

December 20th, 2010

The last decade has seen a dramatic increase in not only the threats to impeach state court judges because of their decisions, but the actual drafting of legislation to that effect. Legislatures are not even in session, yet two additional efforts are already underway in Iowa and Oklahoma.

This special edition of Gavel to Gavel looks back at similar efforts to impeach or remove judges based solely on their decisions over the last several legislative cycles.