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.
HJR 82 (Constitutional Amendment) Alters composition of the judicial Commission on Retirement, Removal, and Discipline. Adds one non-attorney and subtracts one attorney. Replaces seat for circuit court judge with supreme court justice.
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. Approved by House Judiciary Committee 3/27/12.
