Posts Tagged ‘Mississippi’

Veterans Courts: 2013 legislatures are both encouraging them and trying to give the executive control over them

February 26th, 2013

I’ve been monitoring for the last several years legislative interest in veterans courts, and 2013 appears to bear out the continued interest in them. Many states already operate such courts through court rule or the calendar/docketing practices of individual judges, such as in Buffalo, New York where the a veterans court has operated for years.

What sets 2013′s bills apart is the shift in focus from establishment (such bills are still being introduced) to encouragement and control.

3 states (Kentucky HR 118, Oregon HCR 24, Washington State SB 5797) are considering bills or resolutions “encouraging” or “urging” veterans courts.

3 states (Oregon’s HB 3194 and HB 3195; Texas SB 462, South Carolina’s HB 3014) would transfer to or establish it is the executive branch, not the judiciary, that is to create veterans courts and/or set the rules for their operation.

Details and current status of the efforts below the fold. » Read more: Veterans Courts: 2013 legislatures are both encouraging them and trying to give the executive control over them

As more states try to require their judges be lawyers, Tennessee may move in opposite direction

February 19th, 2013

In the last several years, various states have moved away from the practice of allowing judges to be non-attorneys. Georgia, for example, in 2011 required all newly appointed or elected Municipal Court judges to be attorneys. In 2011 and 2012 Maryland’s voters approved constitutional amendments requiring at least some of their Orphan’s Courts have attorney-judges.

Tennessee’s HB 1320 and SB 1230 move in precisely in the opposite direction.

Existing laws require the judges of all the state’s courts be attorneys (judges serving prior to 1990 in some courts without a law license can continue to serve). HB 1320 / SB 1230 would provide that effective September 2013 the requirements would be repealed.

At the same time at least 4 states are considering requiring their judges be lawyers:

Indiana SB 295: City and Town Courts

Mississippi HB 633: Municipal Court

Montana HB 467: Justice of the Peace Courts that are courts of record

New Mexico HB 119: Metropolitan Courts

New Mexico SB 237: Probate Courts in counties with a population over 500,000

Mississippi bill gives chief justice power to name judge in election dispute cases; judge must not be a local

February 7th, 2013

Election disputes in Mississippi may start to look a little different in the coming years. HB 649, as approved by the House Apportionment and Elections Committee last week, would give the Chief Justice the power to designate a judge to hear the contest. The judge selected, based on a list of all judges in the state compiled by the Supreme Court, must be from outside the district, subdistrict, county, or counties involved in the dispute. The judge so designated would be required proceed to hear the case at the earliest possible date.

The bill now goes to the full House.

Plan to prosecute Mississippi judges for their decisions reintroduced

January 23rd, 2013

Going back at least as far as the JAIL4Judges effort on the 2006 South Dakota ballot, there have been several legislative efforts to criminally prosecute judges for unpopular decisions. The latest such effort, a repeat from 2012, is in Mississippi.

HCR 10 is a constitutional amendment made up of three parts.

The first grants any qualified elector with at least an Associate’s degree the right to submit a bill draft request to the legislature, which must then draft the bill and consider it.

The second provides any law enforcement officer who commits misconduct, racial misconduct, unnecessary physical abuse or other improper conduct against another shall face a $5,000 fine and be suspended for 30 days.

The third is focused on judges and prosecutors. Under it, any judge who

  • deprives a person of his constitutional or civil rights,
  • abuses or exceeds the authority of his office,
  • does not maintain proper decorum in the court room, or
  • engages in unethical conduct

is to be criminally prosecuted. Conviction of a first offense means a $5,000 fine and a law license suspension for 90 days. Second or subsequent convictions have no fine provision, but would result in suspension of the judge’s law license for 1 year.

Given that judges/justices of the state’s courts (except justices of the peace and municipal courts serving a population below 10,000)  must be attorneys, this would presumably prohibit them from serving as a judge during the duration of the suspension.

HCR 10 is currently pending before the House Constitution Committee.

Mississippi Year in Review: judicial salary increases paid for with extra court fees

December 19th, 2012

New laws affecting the courts enacted by the Mississippi legislature in 2012 include the following:

HB 484 Increases judicial salaries. Pay for salaries via a) increase to filings of appeals from $100 to $200 b) a special $40 fee on a civil case filings and c) special $75 fee on criminal convictions. Specifically includes in responsibilities of chief justice supporting and implementing electronic filing systems for the courts and drug courts. Specifically includes in responsibilities of judges of the court of appeals service as special trial judges because of a statewide increase in litigation and insufficient resources to fully fund trial judge positions, and performing additional judicial services after usual state business hours to reduce delays, backlogs and inefficiencies to comply with time standards adopted by and for the appellate and trial courts, and promoting public awareness of our judicial processes and openness and accessibility of our courts by being available to conduct programs and give speeches to civic, educational, governmental and religious organizations and entities. Specifically includes in responsibilities of circuit judges all necessary action to develop drug courts within their districts and to regularly report to the Administrative Office of Courts on the success of their drug court programs. The chancery and circuit court judges will take such action as is necessary to implement electronic filing and case management systems within their districts as developed by the Administrative Office of Courts as such systems become available and will take all necessary action to prepare their courts for electronic filing and case management.

Bans on court use of sharia/international law: showdown vote in Michigan set for after November election

October 4th, 2012

Few if any state legislatures are in session, but one of those few is Michigan and that state’s House is set to come back into session November 27 to decide the fate of a bill that would ban the use of international law by the state’s judiciary.

Under Michigan  HB 4769 and SB 701

A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority 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.

After initial bad press and rallies where the bills were introduced earlier this year the bills remained in their respective committees. However the House journal indicates a notice for a motion to discharge HB 4769 from the House Committee on Judiciary was filed by the bill’s primary sponsor September 11 and the motion made September 12. The vote on the motion was postponed until November 27, 2012.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: showdown vote in Michigan set for after November election

Bans on court use of sharia/international law: signed into law in Kansas, sent to study committee in New Hampshire, still technically alive in MI, NC, PA, & SC

May 29th, 2012

There were only two pieces of activity since the May 14 update:

  • New Hampshire’s Senate approved May 16 on a voice vote its Judiciary Committee’s recommendation to send (HB 1422) to an interim study committee, effectively killing the bill for 2012.
  • In Kansas, that state’s governor signed SB 79 on May 21. News reports are here, prior blog posts detailing provisions (including an attempt to tie it to Citizens United) here and here.

With adjournments already having occurred, and with Missouri set to formal adjourn May 30 (they informally adjourned May 18), only 4 states even have the theoretically potential to advance such legislation in 2012 (barring special sessions):

  • Michigan HB 4769 / SB 701: the legislature is likely not to formally adjourn sine die, thus the legislation remains at least technically alive until a new legislature is sworn-in sometime in 2013.
  • North Carolina HB 640: Legislation carries over from odd-numbered to even-numbered years and the legislature is now back in session as of May 16.
  • Pennsylvania HB 2029: the legislature is likely not to formally adjourn sine die, thus the legislation remains at least technically alive until a new legislature is sworn-in sometime in 2013.
  • South Carolina HB 3490 / SB 444: Adjournment is June 7, however neither bill has advanced out of committee since being introduced in early 2011.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: signed into law in Kansas, sent to study committee in New Hampshire, still technically alive in MI, NC, PA, & SC

Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire

May 14th, 2012

This post has been updated. Click here.

With most legislatures now out of session, the last month saw little activity on legislation dealing with bans on court use of sharia/international law, but what there was was all in the last week:

May 7: Kansas’ House approves unanimously (120-0)  SB 79 as amended by the House, a statute to ban the use of foreign or international law.

May 8: New Hampshire’s Senate Judiciary Committee recommended referring that state’s version (HB 1422) to an interim summer study.

May 9: Alabama’s Senate voted to indefinitely postpone and effective kill proposed constitutional amendment SB 84.

May 10: New Jersey’s AB 919, which the author had previously noted would be withdrawn, was formally removed from the legislature.

May 11: Kansas’ Senate approved SB 79 on a 33-3 vote. Proponents went out of their way during the debate to note the word “sharia” was not included in the bill, however news reports indicate that sharia was the focus of the bill when introduced and was specifically mentioned during debate.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire

Bans on court use of sharia/international law: Activity in Missouri, Kansas tries to tie to Citizens United

April 9th, 2012

This post has been updated, click here.

The last several weeks in the examination bans on court use of sharia/international law have seen two notable pieces of activity.

The first was in Kansas. As noted in the last update SB 79, as originally introduced, had nothing to do with international law or sharia. The House changed the bill entirely, substituting the language of HB 2087 for the original bill. When brought to the full House, a further amendment was offered to, in effect, declare the U.S. Supreme Court’s decision in Citizens United void.

Except as expressly provided by law, no corporation shall be deemed to hold the same rights and privileges possessed by natural persons.

That amendment failed 46-74. The House substitute language was approved March 28 and sent to a House/Senate conference committee.

The second piece of activity was in Missouri. There, HB 1512 (the “Civil Liberties Defense Act”) was approved by full House on March 27. A similar Senate bill was approved in committee in February and could be taken up for a Senate floor vote as early as tomorrow (April 10).

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: Activity in Missouri, Kansas tries to tie to Citizens United

Bans on court use of sharia/international law: Bills withdrawn in Minnesota and New Jersey, Kansas House attaches ban to unrelated bill

March 20th, 2012

This post has been updated. Click here.

The last several weeks in the examination bans on court use of sharia/international law have seen something new: while such bans have been voted down in committee before for t he first time authors are starting to withdraw the bills outright.

Minnesota’s SB 2281 was withdrawn the day it was introduced. According to WCCO TV:

Before the bill was even introduced, the author, Republican Dave Thompson pulled it. “It was never my intent to introduce legislation that was being targeted to any one group,” said Thompson.

The second bill was New Jersey’s AB 919 (introduced in the 2010/2011 session as AB 3496). Introduced January 10 of this year, the bill was withdrawn last week. The NJ Assembly Republicans blog on March 13 quotes the bill’s author (GOP Assemblywoman Holly Schepisi):

In the climate of what has been transpiring in the Muslim community in New Jersey, they were concerned it would further, in their view, portray Muslims in a negative light. After sitting and listening to their concerns, I agreed to withdraw it.

The legislature’s website, however, does not yet show the bill has having been formally withdrawn. (No direct link to bill status page, follow this link and search for bill AB 919).

The other activity was in Kansas. SB 79, as originally introduced, had nothing to do with international law or sharia. Instead, it made a modification to an existing state program that helped courts recover fees/fines owed. That bill passed the Senate unanimously.

Yesterday (March 19) the House changed the bill entirely. The House substitute for SB 79 simply replicates the language of HB 2087, which the House had passed in 2011 and the Senate had declined to advance.

Readers may recognize this tactic on the part of the Kansas House. When the House approved bills to end merit selection for the state’s Court of Appeals, bills the Senate did not take up, the House started to add provisions to unrelated bills (see here, here, and here). The difference here is that rather than tacking on the new provision to the existing bill, this effort simply replaces the text of the bill entirely.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: Bills withdrawn in Minnesota and New Jersey, Kansas House attaches ban to unrelated bill