With 2012 over, it’s time to tally the top 5 stories covered by Gavel to Gavel the blog based on how often the posts were hit:
Missouri Constitutional Amendment 3: The role of sitting judges on merit selection committees
Archive for the ‘Year in Review’ category
2012 Year in Review: Top 5 Stories
January 10th, 2013Wyoming 2012 Legislative Year in Review
January 9th, 2013Wisconsin 2012 Legislative Year in Review
January 9th, 2013None of the bills tracked by Gavel to Gavel in Wisconsin in 2012 were enacted.
West Virginia 2012 Legislative Year in Review
January 8th, 2013New laws and resolutions affecting the courts enacted or adopted by the West Virginia legislature in 2012 include the following:
HB 4291 Authorizes the Supreme Court of Appeals to determine which county law libraries are being used and should be continued as an obligation of the state.
HB 4314 Provides where a vacancy occurs in office of magistrate judge, person appointed must be of same political party as former officeholder.
HB 4648 Implements domestic violence court pilot project.
SB 100 Alters the mandatory nature of certain fee collections and to remove the requirement that the circuit court charge three times the amount of actual postage when mailing documents.
SB 471 Authorizes Supreme Court establish mental hygiene commissioners compensation.
Washington State 2012 Legislative Year in Review
January 8th, 2013Virginia 2012 Legislative Year in Review
January 8th, 2013New laws and resolutions affecting the courts enacted or adopted by the Virginia legislature in 2012 include the following:
HB 484 Provides that the operational expenses associated with providing secure remote access to land records includes locating technology in an offsite facility for purposes of improving public access or for the implementation of a disaster recovery plan. The bill extends the prohibition on selling or posting data accessed by secure remote access to include land records. Further requires the Executive Secretary of the Supreme Court to establish security and data standards for interfacing between a circuit courts case management or financial management system and the systems of the Supreme Court.
HB 745 ORIGINAL: Requires the Supreme Court to develop a weighted caseload system to assess judicial caseloads throughout the Commonwealth, and using that system, requires the Court to determine the need for judicial positions and the optimum distribution of judicial positions throughout the Commonwealth and to prepare a recommended plan for the realignment of the circuit boundaries. AS AMENDED: Provides funds go directly to the National Center for State Courts to provide for the development and implementation of the system pursuant to a contract with the Supreme Court of Virginia. (Full disclosure: Gavel to Gavel is a product of the National Center for State Courts).
HB 837 Clarifies that local salary supplements may be paid to clerks and other local district court employees, excepting district court judges and substitute judges, wholly out of local funds.
HB 1250 ORIGINAL: Adds to the ranks of the honorary members of the Judicial Conference of Virginia the deans of the Liberty University School of Law and the Appalachian School of Law. AS AMENDED: Also adds president and secretary of the Virginia Association of Criminal Defense Lawyers.
HB 1284 Clarifies when the clerk of the court may destroy case file papers.
HJR 111 Requests the Judicial Council of Virginia to study the jurisdictional capacity of the Court of Appeals and whether such capacity should be expanded.
SB 251 AS AMENDED BY HOUSE: Provides that certain court fees collected by the clerk of a circuit court shall be deposited into a special revenue fund in the local treasury. Institutes a fee of $25 for recording an order to celebrate the rites of marriage by a non-minister. Provides for convenience fee of $2 per transaction or four percent of the amount paid for paying court fees by credit or debit card.
Vermont 2012 Legislative Year in Review
January 7th, 2013None of the bills tracked by Gavel to Gavel in Vermont in 2012 were enacted.
Utah 2012 Legislative Year in Review: judicial discipline, legal self-help centers
January 7th, 2013New laws and resolutions affecting the courts enacted or adopted by the Utah legislature in 2012 include the following:
SB 100 Creates a self-help center within a courts law library. Requires that the self-help center be staffed by licensed attorneys. Allows the self-help center staff to assist court patrons in obtaining and filling out documents. Provides that self-help center staff are to answer questions regarding the court process, law, and options; provide information, but not give legal advice; and offer resources regarding the law library and other avenues for legal assistance.
SB 153 Provides Judicial Council may enact its own rules, consistent with existing law, governing procurement by the judicial branch.
SB 154 Includes court commissioners in the definition of at-risk government employee for purposes of privacy of government-held information related to individuals/officeholders.
SB 169 Allows the Utah Supreme Court to appoint a justice court judge to the Judicial Conduct Commission. Allows the Judicial Conduct Commission discretion to dismiss a complaint against a judge, even if it finds by a preponderance of the evidence that judicial misconduct occurred, if it determines that a public sanction is not warranted.
SB 200 Makes numerous modifications to states justice courts. Establishes and amends procedures to establish and expand the territorial jurisdiction of justice courts. Amends and consolidates the minimum operating standards of justice courts. Amends the Judicial Councils authority to establish rules and procedures concerning the creation and expansion of justice courts. Provides for uniform fees of the justice courts. Requires every prospective justice court judge to attend an orientation program conducted under the direction of the Judicial Council before the justice court can be certified and qualified to hold office. Authorizes the governing body of a justice court to create specialized calendars and exempts judges who hear these calendars from being assigned at random. Modifies the procedures and penalties for failure to comply with continuing education requirements. Modifies the procedures and penalties for failure to comply with compensation limits, limits on secondary employment, and limits on holding elected or political offices and requires the Judicial Council to file a formal complaint for violations. Amends the procedures to appoint a temporary justice court judge and prohibits a retired justice court judge from serving as a temporary justice court judge. Modifies and establishes new standards for when and where a municipality and county may hold justice court and authorizes the Judicial Council to determine when and where justice courts my hold court.
SJR 3 Directs Legislative Management Committee study fines, taxes, and financial issues imposed by the courts and other issues.
Tennessee 2012 Legislative Year in Review: Judicial selection, court fees, e-filing, veterans courts
January 7th, 2013Much of the 2012 activity in the Tennessee legislature related to the judiciary surrounded the state’s merit selection system and proposals to change it to abandon it outright. Following dozens of pieces of legislation introduced over the last 4 years, the constitutional amendment that came out of the 2012 session was SJR 710, which provides that a governor may appoint anyone who meets age and residency requirements to appellate courts with legislative confirmation. It provides for retention elections but removes any reference to merit or merit selection. The amendment must be re-approved by a two-thirds super-majority in the 2013/2014 legislature before being submitted to the voters.
New laws affecting the courts enacted by the Tennessee legislature in 2012 include the following:
HB 2481 Authorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body
HB 2537 Extends sunset date for the judicial performance evaluation commission to June 30, 2013.
HB 2633 Increases, from $2.00 to $4.00, the filing fee charged by all court clerks except those in Knox County. Terminates the $2.00 fee increase on July 1, 2016, unless continued by the General Assembly. Increases the data entry fee charged by the Knox County court clerks for each new case filed. Retains pre-July, 1, 2012, fees for specified cases brought by the state and state agencies. Directs that unexpended funds will not revert to the General Fund.
HB 2978 Clarifies to which judges certain financial disclosure laws apply. Clarifies that newly elected judges may practice law to wind up their practice.
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. Provides the fees authorized by the bill may not be assessed against the state.
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.
HB 3604 Imposes additional $2.00 litigation tax on criminal charges instituted in general sessions court. Creates judicial commissioner continuing education account. Subject to appropriation, authorizes moneys in fund to be utilized for development and presentation of continuing education programs. Specifies $2 tax would not apply in counties where commissioners are authorized under present law to receive appropriate continuing education under the supervision of the general sessions judges rather than the judicial commissioners association of Tennessee or the Tennessee court clerks association.
SB 2671 Abolishes the court of judiciary. Creates 16-member board of judicial conduct, divided into 12 member hearing panel, 3 member investigative panel, and chair. Changes the burden of proof to investigate a judge to probable cause that misconduct occurred from substantial likelihood that it did.
SB 3222 Authorizes creation of veterans’ courts to address particular concerns of veterans suffering from post traumatic stress and other conditions arising from military service
SB 3652 Requires House and Senate speakers appoint all nine members of the judicial evaluation commission since the judicial council no longer exists.
South Dakota Year in Review: Prohibit judicial enforcement of any religious codes, searching court records
December 31st, 2012New 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.
