Archive for December, 2012

South Dakota Year in Review: Prohibit judicial enforcement of any religious codes, searching court records

December 31st, 2012

New laws affecting the courts enacted by the South Dakota legislature in 2012 include the following:

HB 1058 AS LINE ITEM VETOED: Increases from $15 to $20 cost for search of court records until 2017, when returns to $15.

HB 1064 Allows the Supreme Court to establish certain rules for the use of interactive audio visual equipment and to provide for the collection and deposit of fees for the use thereof.

HB 1065 Repeals the requirement that the Unified Judicial System set forth a schedule for all fees paid directly to court reporters in its annual consolidated budget.

HB 1253 Prohibits judicial enforcement of any religious codes.

South Carolina Year in Review: Paying for court tech with a veto override, Judicial Council membership

December 31st, 2012

New laws affecting the courts enacted by the South Carolina legislature in 2012 include the following:

HB 4798 Removes provisions allowing mayors to sit and serve as judges of municipal courts.

HB 4821 Provides for fees and costs to be set for filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court. Provides all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology. (Veto overridden, see details here)

SB 1055 Revises Judicial Council to include Chief Judge of Court of Appeals, person recommended by the Charleston School of Law, one person recommended by the South Carolina Bar (rather than the President of the Bar, and two summary court (rather than magistrate court) judges.

Rhode Island Year in Review: Judicial selection/appointment, drug courts

December 31st, 2012

New laws affecting the courts enacted by the Rhode Island  legislature in 2012 include the following:

HB 7848 / SB 2681 Increases the number required for a quorum of the Commission on Judicial Tenure and Discipline from 8 to 9. Increases the number of affirmative votes required for a recommendation to the supreme court from 8 to 9.

HB 8043 Extends until 2013 law allowing any individual whose name was publicly submitted to the governor by the judicial nominating commission, eligible for subsequent nomination by the governor.

HB 8159 / SB 2941 Allows the general magistrate of the family court, upon retirement and at the direction of the chief justice of the supreme court, to perform services as general magistrate as the chief justice prescribes without any reduction of retirement benefits.

SB 2680 Vests with the governor the sole authority to nominate, on the basis of merit, from a list submitted by the judicial nominating commission with the advice and consent of the senate, all judges and magistrates, to all courts. (Currently presiding judges & chief judges appoint certain magistrates).

SB 2770 Defines the duties of a Drug Court Magistrate and specifies which individuals qualify for the Drug Court and the conditions and responsibilities imposed thereon.

Pennsylvania Year in Review: private collection agencies for court debts, senior judge program, Juvenile Court Judges Commission

December 31st, 2012

New laws affecting the courts enacted by the Pennsylvania legislature in 2012 include the following:

HB 61 Allows private collection agency to pursue fees or costs owed the court for 48 months (currently limited to 180 days).

HB 1026 Extends the sunset dates for the senior judge operational grant program and the Access to Justice Act from 2012 to 2017. Authorizes retired or senior judges to administer oaths and affirmations and take acknowledgments under specified conditions.

HB 1546 Eliminates the requirement Juvenile Court Judges Commission (JCJC) to compile and publish such statistical and other data as may be needed to accomplish reasonable and efficient administration of the juvenile courts system. Replaces with requirement to analyze the data required to be collected by JCJC to identify trends and evidence-based programs and practices to ensure efficient administration of the juvenile justice system. Requires the JCJC to make recommendations to judges, the Administrative Office of Pennsylvania Courts and other appropriate entities and to post that information on JCJC’s website.

Oregon Year in Review: Expanding the Court of Appeals, judicial security personnel training

December 31st, 2012

New laws affecting the courts enacted by the Oregon legislature in 2012 include the following:

HB 4026 Increases Court of Appeals from 10 to 13 members, effective 2013. increases Court of Appeals from 13 to 16 members effective 2015.

HB 4163 Changes title of “court security officer” to judicial security marshal” and “court security personnel” to “judicial security personnel.” Requires the Department of Public Safety Standards and Training to train judicial security personnel, and for the Judicial Department to pay for the training.

HB 4167 Alters various fees/fines payable to Municipal or Justice Court Criminal Fine Account.

HB 4168 Alters numerous provisions related to fees in state court actions.

Oklahoma Year in Review: Legislature rejects judicial pay raise; e-signatures on court documents; small claims

December 31st, 2012

New laws affecting the courts enacted by the Oklahoma legislature in 2012 include the following:

HB 2192 Exempts court filings from rules promulgated by Secretary of State under Uniform Electronic Transactions Act. Requires use of e-signature when filing documents with the courts.

HB 2578 Authorizes counties and county officers to contract with a collection agency to recover court penalties, costs, fines and fees in cases in district court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court.

HB 2713 Provides forms and procedures associated with Court Clerks Revolving Fund to be developed and implemented by the Administrative Director of the Courts (currently State Auditor and Inspector).

HJR 1093 Rejects 6% increase in the compensation for members of the State Judiciary as approved by the Board on Judicial Compensation on September 20, 2011.

SB 1196 Increases small claims jurisdiction from $6,000 to $7,500.

SB 1346 Provides in the event of an ethical disqualification by a municipal judge, the senior municipal judge may appoint, on a case-by-case basis, a sitting municipal judge in another municipality within the same county or an adjacent county to act as a special judge for the purposes of hearing the case.

SB 1733 Permits unconcealed carry of firearm in court locations by a judge.

 

Montana bill would specifically target Supreme Court salaries, end practice of linking salaries to that of justices in other states

December 27th, 2012

Current Montana law (2-16-403) provides that the salaries for the state’s supreme court are to be based on the salaries of judges in North Dakota, South Dakota, Wyoming, and Idaho. The Department of Administration takes the salaries for these justices/chief justices, averages them, and raises (if needed) the Montana justice’s salaries to meet the average.

A draft bill requested by a Republican member of the Montana Senate would end the practice. Under D. 567 the salary of the seven highest paid nonjudicial Montana state employees would be used. The salaries of the seven would be averaged and used to set the salaries for the supreme court.

Interestingly, the bill as currently drafted would not end the same practice of averaging the salaries in the 4 surrounding states with respect to the District Court. 3-5-211 sets the same practice, but is not covered in D. 567.

Ohio Year in Review: increasing penalties for attacks on judges/court staff, reducing number of Mayor’s courts in state

December 27th, 2012

New laws affecting the courts enacted by the Ohio legislature in 2012 include the following:

HB 62 Increases penalties and fines for assaults against judges, magistrates, prosecutors, or court officials or employees.

HB 197 Authorizes a municipal, mayor’s, or county court to order community service in lieu of costs for an offender who is unable to pay costs and/or pay in installments. Authorizes courts to provide the Registrar of Motor Vehicles with information relative to the defendant’s failure to pay any court fines or costs when due and prohibits the Registrar from accepting an application for registration or transfer of registration of any motor vehicle owned or leased by the defendant until the court notifies the Registrar that the fines or costs have been paid in full. Requires that municipal and county courts send certain fees and other money they collect to the treasurer of the appropriate political subdivision by the 20th day of the month following the month in which the money is collected.

HB 247 Authorizes a court to cancel claims for amounts due the court if the amounts are uncollectible. Requires that a court give a criminal defendant notice of the consequences of a failure to pay a judgment for costs only if the court imposes a community control sanction or other nonresidential sanction. Gives a sentencing court continuing jurisdiction to waive, suspend, or modify the payment of the costs of prosecution by the defendant. Defines “case” for purposes of criminal costs statutes as the prosecution of all the charges that result from the same act, transaction, or series of acts or transactions and that are given the same case type designator and case number under Supreme Court rules.

HB 606 Increases from more than 100 to more than 200 the population necessary for a municipal corporation to have a mayor’s court unless the municipal corporation is located entirely on an island in Lake Erie.

SB 118 Expands the offense of “aggravated murder” to prohibit a person from purposely causing the death of a judge or magistrate whom the offender knows or has reasonable cause to know is a judge or magistrate when (1) the victim, at the time of the commission of the offense, is engaged in the victims duties, or (2) it is the offenders specific purpose to kill a judge or magistrate. Expands one of the aggravating circumstances used in sentencing persons convicted of aggravated murder to include that the victim of the offense was a judge or magistrate whom the offender had reasonable cause to know or knew to be a judge or magistrate, and either the victim, at the time of the commission of the offense, was engaged in the victims duties, or it was the offenders specific purpose to kill a judge or magistrate.

North Carolina Year in Review

December 27th, 2012

None of the bills/resolutions tracked by Gavel to Gavel in North Carolina in 2012 were adopted or enacted.

New York Year in Review: Commencing actions in criminal and family court electronically

December 27th, 2012

New laws affecting the courts enacted by the New York legislature in 2012 include the following:

AB 9400 Extends the chief administrator of the courts authority to allow referees to determine certain applications to a family court for an order of protection.

AB 10706 Authorizes pilot program permitting use of electronic means for commencing actions in certain criminal and family court proceedings.