Posts Tagged ‘Delaware’

Chief Justices and Legislatively Created Obligations: Alaska – Georgia

April 26th, 2010

Alaska HB 348 Submit names to governor for appointment to State Personnel Board

Alabama HB 169 Appoint judge to Services for Alabama Families Study Commission

Alabama HB 257 & SB 271 Appoint Chair of Alabama Interagency Council for the Prevention of Elder Abuse

Alabama HB 507 & SB 380 Appoint member to State Gaming Commission

Alabama HB 517 serve on State Advisory Council on Administrative Hearings

Alabama HB 519 serve on Commission on Girls and Women in the Criminal Justice System

Alabama HB 658 & SB 497 Appoint two members of Alabama Indigent Defense Commission

Alabama SB 27 Appoint member to Innocence Inquiry Commission

Alabama SB 435 Appoint member of Alabama Charitable Bingo Licensure Commission

California A.C.R. 84 Appoint member of Constitution Revision Commission

Colorado HB 1237 Appoint member of task force on problem driver information

Colorado HB 1392 Appoint member to Government Data Advisory Board

Colorado H.C.R. 1004 Consult with Governor on temporary relocation of the seat of government in the event of disaster

Colorado S.C.R. 1 Appoint member of Fiscal Policy Constitutional Commission

Connecticut HB 5248 Appoint two judges to a permanent Connecticut Sentencing Commission

Connecticut SB 29 Appoint members to the Plan to Effectively Reorganize the Functions, Operations, Responsibilities and Mission of State Agencies Commission

Delaware HB 220 Serve or designate a person to serve on State Employee Benefits Committee

Delaware HB 225 Appoint member of State Council for Interstate Adult Offender Supervision

Florida HB 1323 & SB 2522 Appoint member of Eyewitness Identification Task Force

Georgia SB 292 Appoint member of Child Advocate Advisory Committee

Georgia S.R. 50 Appoint five members of Criminal Justice Study Commission

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Posted in Other, Special Edition

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States continue to press for federal legislation to intercept income tax refunds to pay for court fees and fines

March 26th, 2010

Readers of Gavel to Gavel the e-publication (and if you aren’t, why not subscribe now?) may recall several weeks ago I discussed resolutions in 3 states that asked Congress to intercept tax refunds and similar items in order to collect court fees and fines. Two other states have now introduced similar legislation in last week.

Mississippi’s SCR 671 “urge[s] the United States Congress to support legislation to add conforming language to federal statutes that will enable the states to intercept federal tax refunds for payment of obligations under legally enforceable court orders.”

Delaware’s HJR 9 notes “Delaware has an intercept system for state tax refunds and state lottery recipients that has collected more than one million dollars ($1,000,000) in outstanding court-ordered restitution, fines, fees and costs, over the past ten years” and encourages Congress pass the federal intercept legislation currently pending.

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Posted in Salary & Budget

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Emergencies and the courts

February 23rd, 2010

How courts operate, or don’t, post-disaster has been of considerable concern since 9/11 and all the more so after Hurricanes Katrina and Rita. Several states have tackled the matter. For example, Delaware’s SB 25 of 2009 provides for the operation of the courts in the event of an emergency and grants the Chief Justice the authority to declare a judicial emergency when there are emergency circumstances affecting one or more court facilities with such order limited to an initial duration of 30 days but renewable for 30 day periods. It allows the Chief Justice to order the conducting of courts outside their normal county, extend statutes of limitations, and similar measures.

In 2010, several states are looking at similar measures.

Georgia’s HB 185 authorizes the Chief Justice to extend the duration of a judicial emergency order when a public health emergency exists until the emergency ends (currently there is a maximum of 60 days).

Virginia’s HB 883 sets out a procedure for the Supreme Court to follow in entering an order declaring a judicial emergency when there is a disaster as defined in the Commonwealth’s Emergency Services and Disaster Law. The bill permits the judicial emergency order to suspend, toll, extend, or otherwise grant relief from time limits or filing requirements in any court affected by the order and allows designation of a neighboring jurisdiction as proper venue for civil and criminal proceedings.

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Posted in Rule Making Authority

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