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
