Legislatures Going Out of Session

Oklahoma 5/25

Floor/Committee Activity of Note

May 21

Illinois Senate

HB 5877 AS AMENDED: Provides that if the Administrative Office of the Illinois Courts has a policy and procedure for a state judicial officer to file a written request for non-disclosure of personal information by a government agency with the Administrative Office, the state judicial officer may file the written request with the Administrative Office of the Illinois Courts. Provides on a quarterly basis the Administrative Office to ill provide a list of all state judicial officers who have submitted a written request to it and provide the list to the appropriate officer with ultimate supervisory authority for a government agency. Requires he officer hall promptly provide a copy of the list to any and all government agencies under his or her supervision. Specifies receipt of the written request list constitutes the written request to the agency that it not disclose the personal information of the listed state judicial officers. Changes Election Code allowing redaction of a judicial candidate’s home address on a certificate of nomination or nomination papers after the Election Code objection period, to apply only to a judicial officer who is a judicial candidate. Provides that prior to expiration of the objection period the judicial officer’s home address information from the his or her certificate of nomination or nomination papers is available for public inspection; however, after redaction the home address information is only available for an in camera inspection by the court reviewing an objection to a judicial candidate’s certificate of nomination or nomination papers. Allows a judicial officer applying for an Illinois Identification card to use his or her work address in lieu of his or her residence or mailing address in the card application. Includes judicial officers in the list of persons who may use a work or business address instead of a domicile address on a vehicle registration application. Approved as amended by Senate Executive Committee 4/18/12.

May 22

North Carolina Senate Judiciary I Committee

HB 517 AS AMENDED: Creates position of chief magistrate. Provides chief district judge may appoint full time magistrate for county to serve as chief magistrate at chief district judge’s pleasure. Modifies current method(s) for discipline of magistrates. Allows resident superior court judge to give notice in cases where defendant has not been tried for 9 months after indictment to hold a trial conference. Approved as amended by full House 5/31/11.

Pennsylvania House Judiciary Committee

HB 1815 (Constitutional Amendment) Replaces current election system for appellate judges with merit selection Appellate Court Nominating Commission and retention elections. Requires Senate confirmation for those chosen by commission and appointed by governor.

HB 1816 Creates Appellate Court Nominating Commission to provide for merit selection for appellate vacancies.

May 23

May 24

Michigan House Judiciary Committee

HB 5128 Creates business courts as divisions of the circuit court.

May 25

Legislatures Coming Into Session

North Carolina 5/16

Legislatures Going Out of Session

Alabama 5/16 (30th legislative day)

Floor/Committee Activity of Note

May 14

May 15

Louisiana Senate Judiciary B Committee

HB 325 Increases the special cost assessed in criminal cases in each judicial district court for the district indigent defender fund. Approved by full House 4/30/12.

May 16

New Hampshire Senate

CACR 26 (Constitutional Amendment) AS APPROVED BY HOUSE: Repeals constitutional provision authorizing the chief justice of the supreme court to make rules governing the administration of all the courts. AS AMENDED BY SENATE JUDICIARY COMMITTEE: Provides “The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.” Approved as amended by Senate Judiciary Committee 5/8/12.

HB 1131 ORIGINAL: Establishes a committee to study the revisions to laws which would be necessary if the supreme court and superior court were abolished as constitutional courts. AMENDED: Creates committee “to study methods of creating a balanced and neutral judiciary”. Rejected by Senate Judiciary Committee 5/8/12.

HB 1395 Declares unconstitutional and revokes supreme court rules amendments that would require attorneys to create or maintain a pooled interest-bearing trust account for clients funds nominal in amount or to be held for a short period of time, and to remit the interest earned thereby to the New Hampshire Bar Foundation. Approved by full House 3/28/12. Rejected by Senate Judiciary Committee 5/8/12.

HB 1422 ORIGINAL: Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individuals or corporations rights under the New Hampshire constitution or the United States Constitution. AS AMENDED: Provides unless the parties have previously agreed in writing to the contrary, no tribunal shall apply or enforce a foreign law or a state law or decision enforcing a foreign law, or base a determination in whole or in part on foreign law, if such application or enforcement would supersede or take precedence over any right, liberty, or privilege under the constitution of the state of New Hampshire, the laws or public policy of the state of New Hampshire, or the constitution of the United States. Recommended for referral to interim study by Senate Judiciary Committee 5/8/12.

HB 1474 Prohibits requiring membership in any bar association or other professional organization as a condition for practicing law or for appointment to certain positions. Recommended for referral to interim study by Senate Judiciary Committee 5/8/12.

HB 1722 ORIGINAL: Clarifies no judge or attorney may appear before one another if in newly created Circuit Court if they are professionally affiliated. AMENDED: Provides no attorney associated with a judge in the practice of law shall be permitted to practice in the division at the circuit court site in which the judge is assigned. Approved as amended by Senate Judiciary Committee 5/11/12.

May 17

May 18

New Jersey Legislative Pension and Health Benefits Review Commission

AB 168 Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, Workers’ Compensation Judges and County Prosecutors from 70 to 75. Would require additional constitutional amendment with respect to judges/justices.

Legislatures Going Out of Session

Colorado 5/9

Connecticut 5/9

Floor/Committee Activity of Note

May 7

Update 5/7/12

Michigan House Judiciary Committee

HB 5124 Changes from “may” to “shall” provision allowing courts in a county or judicial circuit to, by majority vote of the judges, exercise concurrent jurisdiction. Carried over from 2011 session.

HB 5128 Creates business courts as divisions of the circuit court. Carried over from 2011 session.

HB 5159 Adds circuit or district court judge who has presided over a veterans treatment court to state drug treatment court advisory committee. Expands committees role to include monitoring the effectiveness of veterans treatment courts. Carried over from 2011 session.

HB 5162 Authorizes but does not require veterans treatment courts as divisions of Circuit and District Courts. Carried over from 2011 session.

Missouri House Special Standing Committee on Judicial Reform

SJR 51 AS AMENDED: Increases the number of individuals that the Appellate Judicial Commission nominates for vacancies in the Supreme Court or Court of Appeals from three to four. Replaces Supreme Court member who currently serves as commission chair with additional person chosen by Governor. Provides Supreme Court will appoint a former Supreme Court or Court of Appeals judge to serve as a nonvoting member of the commission if the former judge has not been removed for cause or failed to be retained in a retention election. Provides members appointed by the Governor no longer must be non-bar members. Provides appointed members will serve terms of four years, staggered so that a Governor will appoint two when taking office and two during the middle of his or her term. Approved as amended by full Senate 5/1/12.

May 8

Louisiana Senate Judiciary A Committee

HB 777 Changes the jurisdictional amount in dispute in a small claims division of city court from $3,000 to $5,000. Approved by full House 4/17/12.

New Hampshire House Judiciary Committee

SB 354 ORIGINAL: Makes technical corrections regarding the escrow fund for court facility improvements, including changing the name of the fund to the escrow fund for judicial branch facility improvements. PROPOSED AMENDMENT: Removes power of administrative judge of Circuit Court to appoint the clerk of the court and reassign cases within the circuit court as justice or efficiency requires. Transfers powers to appoint and reassign to chief justice or his or her designee. Provides chief justice of the supreme court shall be the administrative head of the circuit court and may appoint an administrator of the circuit court, who shall not be a judicial officer, who shall assist the chief justice with administrative duties. Provides the governor and council shall appoint a presiding circuit court judge for each circuit court district. Gives the presiding circuit court judge management authority over the district and primary supervisory authority over all staff assigned to the district. Specifies the chief justice may, if necessary, make temporary and emergency assignments of the presiding judge to other locations. Provides appointments of circuit court judges by the governor and council shall not be made to specific circuit court districts or locations and that the chief justice of the supreme court or his or her designee shall have the authority to assign circuit court judges to locations as necessary.

May 9

May 10

May 11

Legislatures Coming Back Into Session

North Carolina 4/23 – 4/25

Floor/Committee Activity of Note

April 23

Tennessee House

HJR 753 (Constitutional Amendment) ORIGINAL: Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. AS AMENDED: Same, but removes references to “merit-based” appointment. Approved as amended by House Finance, Ways & Means Committee 4/17/12.

Tennessee Senate

SJR 710 (Constitutional Amendment) ORIGINAL: Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. AS AMENDED: Same, but removes references to “merit-based” appointment. Amended on floor 4/16/12.

April 24

Alabama House Ways and Means General Fund Committee

HB 688 Increases docket fees in all civil cases in the circuit and district courts excluding child support cases and in all criminal cases in the circuit, district, and municipal courts. Provides for for distribution of the funds into State Judicial Administration Fund, Circuit Clerk’s Judicial Administration Fund, and Presiding Circuit Judge’s Judicial Administration Fund.

New Hampshire Senate Judiciary Committee

HB 1665 Enables  superior court or circuit court to implement one or more drug courts. Approved by full House 3/7/12.

Tennessee House

HB 3691 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists. Approved by House Judiciary Committee 4/4/12.

Tennessee House Finance, Ways & Means Committee

HJR 830 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by House Finance, Ways & Means Committee, General Subcommittee 4/11/12.

 April 25

April 26

April 27

Legislatures Going Out of Session

Alaska 4/15

Iowa 4/17 (Per diem expenses end)

Floor/Committee Activity of Note

April 16

Missouri Senate

SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.

SJR 45 (Constitutional Amendment) Prohibits the executive, judicial, and legislative branches of Missouri’s government from recognizing, enforcing, or acting on any federal law, executive order, judicial or administrative ruling, collection or dispersal of revenue, or other actions by the three branches of government that exceed the limited powers enumerated in the United States Constitution and delegated to the federal government. Prohibits the executive, judicial, and legislative branches of Missouri’s government from recognizing, enforcing, or acting on federal restrictions on the right of private citizens to bear arms; federal laws legalizing or funding abortions or the destruction of human embryos; certain specified federal actions involving health care including a federal public option; federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions; federal actions mandating the recognition of same sex marriages; federal actions increasing the penalty for a crime based on a perpetrators thoughts or designating hate crimes; federal actions regarding the Establishment Clause based on a “wall of separation” between church and state; and federal actions restricting the right of parents or guardians to home school or enroll their children in a private or parochial school or placing restrictions on the school’s curriculum. Requires Missouri courts to interpret the United States Constitution based on its language and the intent of the signers at the time of its passage. Interpretation of its amendments must be based on the intent of the congressional sponsors and co-sponsors. Non-originalist methods of interpretation that consider the constitution a “living, breathing document” and any interpretation that expands federal authority beyond the limited powers enumerated and delegated to the federal government are to be deemed to exceed the limited powers of the federal government. Missouri courts will be required to use this method of interpretation, and any court ruling inconsistent with this method will not be recognized or enforced in Missouri. Allows Missouri citizens to have standing to bring suit to enforce the provisions of the resolution. Approved by Senate General Laws Committee 4/3/12.

Tennessee Senate

SJR 183 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by Senate Judiciary Committee 4/26/11. Carried over into 2012 session.

SJR 710 (Constitutional Amendment)2012Constitutionally enshrines a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. Approved by Senate Finance, Ways and Means Committee 4/10/12.

April 17

New Hampshire House Judiciary Committee

Full committee hearing pursuant to HR 7 (adopted in 2011), which directs house judiciary committee to investigate whether grounds exist to impeach marital master Phillip Cross and/or any justice of the New Hampshire superior court. Approved by full House 3/16/11.

Tennessee House Finance, Ways, and Means Committee

HJR 830 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by House Judiciary Committee 4/3/12.

Tennessee Senate Finance, Ways, and Means Committee

SJR 635 (Constitutional Amendment) Provides for election of judges/justices of appellate courts from districts drawn by general assembly (currently drawn from three “grand districts”). Approved by Senate Judiciary Committee 4/11/12.

April 18

Illinois Senate Executive Committee

HB 5877 AS AMENDED: Provides that if the Administrative Office of the Illinois Courts has a policy and procedure for a state judicial officer to file a written request for non-disclosure of personal information by a government agency with the Administrative Office, the state judicial officer may file the written request with the Administrative Office of the Illinois Courts. Provides on a quarterly basis the Administrative Office to ill provide a list of all state judicial officers who have submitted a written request to it and provide the list to the appropriate officer with ultimate supervisory authority for a government agency. Requires he officer hall promptly provide a copy of the list to any and all government agencies under his or her supervision. Specifies receipt of the written request list constitutes the written request to the agency that it not disclose the personal information of the listed state judicial officers. Changes Election Code allowing redaction of a judicial candidate’s home address on a certificate of nomination or nomination papers after the Election Code objection period, to apply only to a judicial officer who is a judicial candidate. Provides that prior to expiration of the objection period the judicial officer’s home address information from the his or her certificate of nomination or nomination papers is available for public inspection; however, after redaction the home address information is only available for an in camera inspection by the court reviewing an objection to a judicial candidate’s certificate of nomination or nomination papers. Allows a judicial officer applying for an Illinois Identification card to use his or her work address in lieu of his or her residence or mailing address in the card application. Includes judicial officers in the list of persons who may use a work or business address instead of a domicile address on a vehicle registration application. Approved as amended by full House 3/28/12.

Illinois Senate Criminal Law Committee

HB 5187 Requires clerk of court post the rights of crime victims set forth in the Illinois Constitution and in law within 3 feet of the door to any courtroom where criminal proceedings are conducted. Approved by full House 3/27/12.

HB 4926 Changes the definitions of “drug court professional”, “Veterans and Servicemembers Court professional”, and “mental health court professional” to include peer recovery coaches and coordinators. Provides that a Veterans and Servicemembers Court may be established as a problem solving court and includes a mental health court. Deletes provisions that exclude from a Veterans and Servicemembers Court program or a mental health court program a defendant who has previously completed or has been discharged from such program within 3 years of that completion or discharge. Provides that in addition to other entities prescribed by law, mental health court professionals, Veterans and Servicemembers Court professionals, and juvenile detention facilities may disclose a recipient’s mental health record or communications, without consent, to each other, but only for the purpose of admission, treatment, planning, or discharge. Approved as amended by full House 3/23/12.

New Hampshire Senate

HB 344 Changes procedures for judicial performance evaluations. Expands evaluation to include “other nonjudicial branch officers as established by court rule”. Requires judges that fail to achieve satisfactory evaluation have follow-up evaluation 18 months later. Requires all reports prepared on judicial performance identify judges individually. Approved as amended by full House 1/4/12. Approved by Senate Finance Committee 4/11/12.

Tennessee House

HB 2537 Extends sunset date for the judicial performance evaluation commission to June 30, 2013.

Tennessee Senate Government Operations Committee

SB 2345 Extends sunset date for the judicial performance evaluation commission to June 30, 2013.

April 19

April 20

Montana Law and Justice Interim Committee

Hearing on New Supreme Court Rules of Civil Procedure and Other Rules

Legislatures Going Out of Session

Kentucky 4/12

Floor/Committee Activity of Note

April 9

Oklahoma House Judiciary Committee

SB 1222 Authorizes creation of veterans treatment courts in all judicial districts. Approved by full Senate 3/13/12.

SB 1953 Requires any judicial officer report to the Council on Judicial Complaints any conduct that the officer believes may be a violation of the Code of Judicial Conduct. Approved by full Senate 3/14/12.

Tennessee Senate

SB 3652 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists. Approved by Senate Judiciary Committee 3/20/12.

SB 3654 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled. Approved by Senate Judiciary Committee 3/20/12.

April 10

Tennessee Senate Judiciary Committee

SB 2794 Requires the rating of each applicant to fill an appellate court vacancy as highly qualified, qualified or not qualified. Authorizes the governor to appoint applicants who are rated as either highly qualified or qualified. Provides if governor selects someone listed only as qualified, must be confirmed by joint vote of the general assembly. Provides if judicial selection commission fails to provide list of names to governor within 60 days, governor may select any duly licensed attorney subject to confirmation by joint vote of the general assembly.

SJR 635 (Constitutional Amendment) Provides for election of judges/justices of appellate courts from districts drawn by general assembly (currently drawn from three “grand districts”).

Tennessee Senate Finance, Ways & Means Committee

SJR 183 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by Senate Judiciary Committee 4/26/11. Carried over into 2012 session.

SJR 710 (Constitutional Amendment) Constitutionally enshrines a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. Approved by Senate Judiciary Committee 4/3/12.

April 11

Alabama Senate Judiciary Committee

HB 99 Makes it a crime to act, without authority, as a judge, magistrate, hearing officer, juror, clerk of court, or any other official with the authority to adjudicate the rights or interests of another, or to sign a document in this capacity as if authorized by state law. Approved by full House 3/20/12.

Hawaii Judiciary and Labor Committee

SCR 161 Urges judiciary ensure that the Access to Justice Commissions task force on adjunct providers of legal services includes at least as many non-lawyers as lawyers.

New Hampshire Senate

HB 344 Changes procedures for judicial performance evaluations. Expands evaluation to include “other nonjudicial branch officers as established by court rule”. Requires judges that fail to achieve satisfactory evaluation have follow-up evaluation 18 months later. Requires all reports prepared on judicial performance identify judges individually. Approved by full House 1/4/12. Recommended for approved by Senate Judiciary Committee 3/27/12.

HB 1384 Establishes that the statute of limitations for any complaint against a judge filed with the judicial conduct committee is 2 years from the conclusion of the trial or appeal during which the act which is the subject of the complaint occurred. Approved by full House 2/1/12. Recommended for rejection by Senate Judiciary Committee 4/5/12.

Tennessee House Finance, Ways & Means Committee, General Subcommittee

HJR 753 (Constitutional Amendment) Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. Approved by House Judiciary Committee 3/20/12.

HJR 830 (Constitutional Amendment) Unequivocally authorizes the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. Approved by House Judiciary Committee 4/3/12.

Tennessee House Judiciary Committee

HB 173 Requires election of all judges, including appellate and supreme court judges. Approved by House Judiciary Committee, General Subcommittee 4/20/11. Carried over from 2011 session.

HB 3691 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists. Approved by House Judiciary Committee, General Subcommittee 4/4/12.

Legislatures Going Out of Session

NONE

Floor/Committee Activity of Note

April 2

Missouri Senate Judiciary and Civil and Criminal Jurisprudence Committee

SJR 51 Changes judicial nominating commissions. Allows the Governor to appoint all members to these commissions with the advice and consent of the Senate. Prohibits Governor from appointing members of the bar, judiciary, or spouses of members of the bar or judiciary.

Oklahoma House Judiciary Committee

SB 1196 Increases small claims jurisdiction from $6,000 to $10,000. Approved by full Senate 3/14/12.

SB 1222 Authorizes creation of veterans treatment courts in all judicial districts.Approved by full Senate 3/13/12.

April 3

Tennessee Senate Judiciary Committee

SJR 710 (Constitutional Amendment) Constitutionally enshrines a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state.

April 4

Maryland House Judiciary Committee

SB 616 ORIGINAL: (Constitutional Amendment) Increases from 70 to 72 the mandatory retirement age for judges. Requires that judges serving after age 70 must be certified as fit by states court of last resort (Court of Appeals). AS AMENDED: Establishes Commission to Study the Retirement of Judges. Approved as amended by full Senate 3/22/12.

Oklahoma Senate Rules Committee

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. Approved by full House 2/22/12.

Tennessee House Finance, Ways & Means Committee, General Subcommittee

HJR 753 (Constitutional Amendment) Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. Approved by House Judiciary Committee 3/20/12.

April 5

April 6

Legislatures Going Out of Session

Kansas 3/31 (return in late April for veto overrides)

Floor/Committee Activity of Note

March 26

Oklahoma House Judiciary Committee

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.

March 27

Illinois House Judiciary I – Civil Law Committee

HB 5877 Prohibits a person, business, association, or government agency from publicly posting or displaying the personal information of a judicial officer, 3 days after the officer has made a written request to not post or display the personal information. Allows for injunctive or declaratory relief. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a judicial officer’s personal information with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the officer’s immediate family. Allows for treble civil damages of not less than $10,000. Makes it a Class 3 felony to knowingly post personal information of a judicial officer or the officer’s immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the officer or the officer’s immediate family, and the posting is a proximate cause of bodily injury or death of the judicial officer or a member of the officer’s immediate family. Provides an exemption from the felony offense for employees of a government agency acting in good faith, while carrying out a public function. Excludes personal information of a judicial officer covered by the Judicial Privacy Act from being included as a public record under the Freedom of Information Act, and from inspection or copying under the Act. Establishes procedure for the State Board of Elections to redact a judicial candidate’s home address from the candidate’s certificate of nomination or nomination papers, after conclusion of the Code’s objection period. Establishes procedure for the Secretary of State to redact a judicial candidate’s home address from the candidate’s declaration for retention. Provides that the Secretary of State may allow an applicant who is a judicial officer to provide an office or work address instead of a residence or mailing address on a driver’s license. Provides that the Secretary of State shall adopt rules to implement the new provisions.

Tennessee Senate Judiciary Committee

SJR 475 (Constitutional Amendment) For appellate judges, expires the terms of all existing judges/justices. Provides for governor to appoint any person meeting the age/practice of law requirements, subject to senate confirmation. Provides for re-confirmation at end of every 8 year term.

March 28

Maryland House Judiciary Committee

SB 18 Creates Task Force on Military Service Members, Veterans, and the Courts to study military service-related mental health issues and substance abuse problems and to make recommendations concerning the establishment of a special court for defendants who are military members or veterans. Approved by full Senate 3/14/12. House approved its version (HB 252) 3/18/12.

Tennessee House Finance, Ways & Means Committee, General Subcommittee

HJR 753 (Constitutional Amendment) Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years. Approved by House Judiciary Committee  3/20/12.

March 29

March 30

Legislatures Coming Into Session

NONE

Legislatures Going Out of Session

South Dakota 3/19

Floor/Committee Activity of Note

March 19

Missouri Senate Floor

SB 676 Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions. Approved by Senate General Laws Committee 2/28/12.

March 20

Missouri Senate Rules Committee

SB 546 Imposes campaign contribution limits. For judicial candidates $500, $1000 or $2500 (depending on size of district elected from).

New Hampshire House Constitutional Review and Statutory Recodification Committee

HB 1395 Declares unconstitutional and revokes supreme court rules amendments that would require attorneys to create or maintain a pooled interest-bearing trust account for clients’ funds nominal in amount or to be held for a short period of time, and to remit the interest earned thereby to the New Hampshire Bar Foundation. Approved by full House 2/15/12. Referred to House Constitutional Review and Statutory Recodification Committee.

New York Senate Judiciary Committee

SB 4587 (Constitutional Amendment) Increases the mandatory retirement age for all judges and justices of the unified court system, except for justices of town and village courts, from 70 to 74. Permits justices of the supreme court and judges of the court of appeals to continue in service past the mandatory retirement age for three, two year terms. (Note: in New York, “supreme court” is court of general jurisdiction). Carried over from 2011 session.

Tennessee House Judiciary Committee

HB 3282 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled.

HJR 753 (Constitutional Amendment) Provides all appellate judges are to be initially selected via merit-based gubernatorial appointment from a panel of qualified candidates submitted by a nominating commission. Subjects selections to legislative confirmation. Provides that, contingent upon a satisfactory job performance evaluation, judges are subject to retention election. Provides all appellate judges be at least thirty-five years of age and a resident of the state for the five-year period immediately preceding appointment. Sets terms of office at eight years.  Approved by House Judiciary, General Subcommittee 3/14/12.

Tennessee Senate Judiciary Committee

SB 3654 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled.

March 21

Hawaii Senate: Joint meeting of Senate Committee on Public Safety, Committee on Judiciary, and Committee on Health

HB 2798 Establishes the Temporary Hawaii Veterans Treatment Court within the First Judicial Circuit Court. Approved as amended by full House 3/6/12.

New Hampshire House Floor

CACR 22 (Constitutional Amendment) Provides that the chief justice shall adopt court rules only with the concurrence of the legislature. Approved by House Committee on Judiciary 2/22/12.

CACR 26 (Constitutional Amendment) Repeals constitutional provision authorizing the chief justice of the supreme court to make rules governing the administration of all the courts.  Approved by House Committee on Judiciary 2/21/12.

New Hampshire Senate Judiciary Committee

HB 334 Changes procedures for judicial performance evaluations. Expands evaluation to include “other nonjudicial branch officers as established by court rule”. Requires judges that fail to achieve satisfactory evaluation have follow-up evaluation 18 months later. Requires all reports prepared on judicial performance identify judges individually. Approved as amended by full House 1/4/12.

Tennessee House Judiciary, General Subcommittee

HB 2432 Requires drug testing of elected officials. Requests Tennessee supreme court to require drug testing of judges.

March 22

March 23

Legislatures Coming Into Session

Louisiana 3/12

Legislatures Going Out of Session

Arkansas 3/12 (actual adjournment may by 3/9)
Indiana 3/14

Floor/Committee Activity of Note

March 12

Kansas House Committee on Appropriations

SB 425 Authorizes the imposition of a charge to fund the cost of establishing, operating and maintaining an electronic document filing, storage, and management system for the Kansas court system. Provides that a fee could be charged for electronic case filing, motion filing, record access, and document access. Provides fees be remitted to the State Treasurer who would deposit the entire amount into the Judiciary Technology Fund. Stipulates that the monies credited to the Judiciary Technology Fund could not be used for compensation of justices or judges of the Supreme Court and expands the currently existing statutory purposes for the Fund to include establishing, operating and maintaining a statewide system of electronic case filing, record access, and document access. Approved by Senate Committee on Judiciary 2/21/12. Approved by full Senate 2/23/12.

March 13

Tennessee House Judiciary Committee

HB 2978 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice.

Tennessee Senate Judiciary Committee

SB 2671 Abolishes the court of judiciary. Creates 16-member board of judicial conduct. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. Approved by Senate Committee on Government Operations 2/1/12.

SB 2769 Authorizes collection of criminal court fines, costs and litigation taxes in same manner as civil debt. Approved by Senate State & Local Government Committee 2/7/12.

SJR 23 (Constitutional Amendment) Requires popular election of attorney general (currently selected by supreme court).

Tennessee Senate State & Local Committee, General Subcommittee

SB 2686 Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee.

March 14

Alabama Senate Constitution, Campaign Finance, Ethics, and Elections Committee

SB 17 (Constitutional Amendment) Permits recall of all elected officials, including judges.

Tennessee House Government Operations Committee

HB 2935 Abolishes the court of judiciary. Creates 16-member board of judicial conduct. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did. Approved by House Judiciary Subcommittee 2/15/12.

Tennessee House Judiciary Committee, General Subcommittee

HB 3034 Prohibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant.

HB 3282 Allows members of the judicial nominating commission to serve successive terms. Allows solicitor general and employees of the attorney general to serve on the commission. Allows members to participate in meetings by telephone if three or fewer applicants. Allows members continuance in court hearings if commission meeting scheduled

Tennessee House State & Local Committee, General Subcommittee

HB 3051 Authorizes clerks with electronic filing systems to charge $120 for each registered user of the system and to institute an 8-cent per page copy transaction fee.

March 15

March 16