I will be on New Hampshire Public Radio’s The Exchange Monday, March 5 around 9:20 A.M. Eastern to discuss the legislative activities against the state’s judiciary and put them into a national context. Readers can listen in live or check out their archives.
I will also be hosting here n the Gavel to Gavel blog a live, interactive online chat session Friday, March 9 at 12 P.M. Eastern. Bring your questions or comments!
Legislatures Coming Into Session
NONE
Committee Activity of Note
February 27
Georgia House Judiciary Civil Committee, Jacobs Subcommittee (Subcommittee Two)
HB 100 Creates Tax Court as a pilot project within the judicial branch. Judges to be nominated by governor and confirmed by senate. (Prior coverage here)
February 28
Maryland Senate Judicial Proceedings 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.
SB 616 (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 state’s court of last resort (Court of Appeals).
February 29
Alabama Senate Judiciary Committee
SB 84 (Constitutional Amendment) Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”
SB 256 Increases mandatory retirement age for judges from 70 to 75.
March 1
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.
Wisconsin Assembly Committee on Judiciary and Ethics
AB 424 Makes battery or threat to a court employee a Class I felony. Makes it a Class I felony to threaten to cause damage to a courthouse and if the threatened action could result in bodily harm to a judge or court employee.
March 2
Legislatures Coming Into Session
NONE
Committee Activity of Note
February 20
West Virginia House Judiciary Committee
HB 4016 Provides sources of revenue for the Supreme Court of Appeals Public Campaign Financing Fund. Requires a $2 million transfer from the Treasurer’s Unclaimed Property Trust Fund to the financing fund. Requires attorneys to pay additional fees to the state bar. Requires plaintiffs to pay additional fees when a civil action is filed. Provides for the collection and deposit of the $2 million and additional fees into the financing fund. Creates fair administration of justice fee of $10 or $20 in civil actions.
February 21
Tennessee House Judiciary 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.
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.
February 22
Georgia House Judiciary Non-Civil Committee
HB 541 Includes in crime of obstruction of public administration threatening or intimidating a law enforcement officer, public official, or other person relating to such person’s involvement in a judicial proceeding.
HB 997 Provides for the new crime of false lien statements against public officers, including all judges, or public employees, including every person employed by the judicial branch.
February 23
South Carolina House Judiciary Committee, Constitutional Laws Subcommittee
HB 4128 Requires all courts “In any case or controversy involving the enforcement of a debt…specifically enforce payment in gold or silver coin, or both.”
February 24
Montana Law and Justice Committee (interim committee)
Review of Supreme Court Rules of Procedure
Legislatures Coming Into Session
Arkansas 2/13/12
Wyoming 2/13/12
Committee Activity of Note
February 13
February 14
Minnesota House Judiciary Policy and Finance Committee
Informational Hearing on MN Board on Judicial Standards (for prior Senate hearing, see Minnesota: Should judicial disciplinary board be used to review merits of judicial decisions?)
Missouri House Special Standing Committee on Judicial Reform
HJR 44 (Constitutional Amendment) Modifies state merit selection system. Increases from 3 to 5 names to be submitted to governor. Allows governor to reject first panel of 5 names and receive additional panel, none of whom may have been named in first panel. Changes appellate judicial commission to remove justice of supreme court, provides non-lawyer members appointed may not be the spouse of a member of the bar, and all commissioners must be senate confirmed. Makes similar changes to circuit judicial commissions. Ends service of all current commission members effective date of adoption of amendment. Allows incoming governors to remove commissioners appointed by prior governor(s).
HJR 77 (Constitutional Amendment) Ends merit selection in state. Requires all judicial elections be partisan elections. Reduces supreme court terms from 12 to 8 years. Requires general assembly redistrict circuits after every census.
South Carolina Senate Judiciary Committee
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.
February 15
February 16
February 17
Legislatures Coming Into Session
Oklahoma 2/6/12
Alabama 2/7/12
Connecticut 2/8/12
Committee Activity of Note
February 6
February 7
Georgia House Judiciary Civil Committee, Lane Subcommittee
HB 665 Restructures the offices of the Clerks of Superior Court. Alters provisions with respect to appointment and succession to office of clerk. Changes provisions related to storage of paper and electronic documents. Increases bond amount at appointment to $1 million.
Maryland Senate Education Health and Environmental Affairs Committee
SB 181 Establishes Task Force to Study the Public Financing of Judicial Elections. Requires Task Force study and develop a proposal regarding the public financing of judicial elections in the State on or before December 31, 2012.
Missouri House Special Standing Committee on Judicial Reform
Presentation from the Missouri Supreme Court & Judge Mary Russell.
South Carolina Senate Judiciary Committee
SB 1055 Changes membership of state 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.
Tennessee House Judiciary Committee
HB 173 Requires election of all judges, including appellate and supreme court judges.
HB 1198 AS AMENDED: Reconstitutes the membership of the Court of the Judiciary (COJ) effective October 1, 2011, and revises the appointment requirements. Reduces, from 16 to 12, the number of COJ members. Removes the appointment authority of the Tennessee Supreme Court, the Tennessee Bar Association, and the Governor. Authorizes the Speakers of House and the Senate to each appoint six members. Reduces, from four to two years, the term of each member of the COJ. Requires the COJ to file a quarterly report with the Chairmen of the Senate and House Judiciary Committees detailing the number of complaints for the previous quarter, the disposition of each complaint, and the status of any investigations. Requires the expenses incurred in the administration of this chapter to be paid through the Secretary of State’s office rather than the Administrative Office of the Courts (AOC).
Tennessee Senate Judiciary Committee
SJR 45 (Constitutional Amendment) Allows compensation of judges to be decreased or diminished during term of office as provided by law for judicial misconduct while in office.
February 8
Tennessee House Judiciary Sub-committee
HB 2432 Requires drug testing of elected officials. Requests Tennessee supreme court to require drug testing of judges.
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.
South Carolina House Judiciary Committee, Constitutional Law Subcommittee
HB 3490 Bans use of “foreign law” by state courts.
February 9
February 10
Legislatures Coming Into Session
NONE
Committee Activity of Note
January 30
SB 168 Alters geographic cost-of-living salary adjustments for justices of the supreme court and judges of the superior and district courts.
Arizona Senate Committee on Judiciary
SB 1152 Authorizes but does not require creation of homeless courts as divisions of existing courts.
SB 1310 Increases small claims jurisdiction from $2,500 to $10,000.
SB 1311 Increases justice of the peace civil jurisdiction from $10,000 to $25,000.
SCR 1032 (Constitutional Amendment) Increases justice of the peace civil jurisdiction from $10,000 to $25,000.
HB 2087 Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction”€™s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.” Provides “Nothing in this act shall be construed to disapprove of or abrogate any appellate decision previously rendered by the supreme court of Kansas.”
Virginia House Courts of Justice, Civil Sub-Committee
HB 631 Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia.
HB 825 Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law.
January 31
California Assembly
Last for Assembly to pass AB 1208, regarding Judicial Council’s power over state judiciary’s budget (details here)
Florida Senate Judiciary Committee
SB 410 Requiring that a litigant pay a specified surcharge in addition to any other cost incurred for filing court and other legal documents by means of paper documents instead of electronically filing the documents. Provides an exception for a person who is indigent.
Tennessee House Judiciary Committee
HB 173 Ends merit selection. Requires contested elections for all judges, including appellate and supreme court judges.
February 1
Wisconsin Assembly Committee on Judiciary and Ethics (public hearing)
AB 424 Makes battery or threat to a court employee a Class I felony. Makes it a Class I felony to threaten to cause damage to a courthouse and if the threatened action could result in bodily harm to a judge or court employee.
Wisconsin Assembly Committee on Judiciary and Ethics (votes)
AJR 49 (Constitutional Amendment) Ends practice where chief justice is most senior justice of the supreme court. Directs the supreme court to elect a chief justice as the first order of business each time a justice is elected or reelected.
AB 101 Requires a municipal judge to be a licensed Wisconsin attorney.
AB 285 Increases maximum court fees assessed for ordinance violations in municipal courts from $28 to $38.
SJR 36 (Constitutional Amendment) Ends practice where chief justice is most senior justice of the supreme court. Directs the supreme court to elect a chief justice as the first order of business each time a justice is elected or reelected.
February 2
February 3
In early January I noted an expected vote in the Wisconsin Assembly Committee on Judiciary and Ethics on a plan to change the way the state’s chief justice was selected (currently, most senior justice serves). I also noted the near last-minute cancellation of that vote.
The latest agenda for that Assembly committee, however, indicates the vote is now back on for Thursday, February 2.
Legislatures Coming Into Session
Utah 1/23/12
Minnesota 1/24/12
Committee Activity of Note
January 23
South Dakota House Judiciary Committee
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.
January 24
Georgia House Non-Civil Judiciary Committee, Rep. Setzler’s Subcommittee
HB 242 Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.”
Maryland House Judiciary Committee
Presentation on state judiciary’s electronic filing system
January 25
Florida Senate Committee on Judiciary
SB 1360 Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.”
Indiana Senate Judiciary Committee
SB 8 Requires the attorney general to represent a court that has issued an order of mandate for funds for the operation of the court or court related functions. Prohibits the state from reimbursing a judge for expenses incurred in employing a private attorney to represent the court in an action for mandate of funds.
New Hampshire House Committee on Judiciary
HB 1422 Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution.
January 26
January 27
Legislatures Coming Into Session
Alaska 1/17/12
New Mexico 1/17/12
Hawaii 1/18/12
Committee Activity of Note
January 16
Virginia Senate Committee on Courts of Justice
SB 95 Adjusts the mandatory retirement age under judicial retirement to age 73 (currently 70).
Virginia House Committee on Courts of Justice, Civil Subcommittee
HB 163 Adjusts the mandatory retirement age under judicial retirement to age 73 (currently 70).
January 17
New Hampshire House Committee on Judiciary (Public hearing)
CACR 25 (Constitutional Amendment) Provides that the supreme and superior courts shall not be constitutionally established courts.
January 19
Florida Senate Judiciary Committee
SJR 408 (Constitutional Amendment) Increases mandatory retirement age for judges from 70 to 75.
New Hampshire House Committee on Judiciary (Voting session)
CACR 24 (Constitutional Amendment) Provides that no person shall be eligible to be appointed a judge until such person has reached 60 years of age.
CACR 25 (Constitutional Amendment) Provides that the supreme and superior courts shall not be constitutionally established courts.
Legislatures Going Out of Session
Delaware 6/30/2011
Rhode Island 6/30/2011 (Estimated)
Oregon 6/30/2011 (Estimated)
New Hampshire 7/1/2011
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