Legislation on control of the court’s docket/calendar

Who controls a court’s docket/calendar? This is somewhat of an open question in many states, particularly as it relates to trials in criminal matters. In this legislative cycle, three states have explored granted judges more power over the matter.

Maryland’s HB 208 establishes that the date for trial of a criminal matter in the circuit court shall be set by the county administrative judge and not the prosecution. It was overwhelmingly approved by the House (134-2) in February. The Senate version (SB 398) however has had less luck. Having been approved by the Senate Judicial Proceedings committee in early March, it was amended on the floor, delayed, and ultimately sent back to committee in mid-March.

Coincidentally, the South Carolina Senate debated a nearly identical bill (SB 4450) at the same time. That bill provides that it is exclusively the power of magistrates in Magistrates Court and municipal judges in Municipal Courts to set the dockets for their courts and to set the order in which cases may be tried. The Senate Committee on Judiciary approved the bill as amended on March 24.

A similar calendar/docket control bill was introduced in North Carolina in 2009 (HB 1396). It was never taken up by its assigned committee.

Judge, please don’t buy that lotto ticket. Unless you are on a trial court…

Article XVII, Section 8 of the South Carolina constitution states “It shall be unlawful for any person holding an office of honor, trust, or profit to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death.”

HB 3943 would lift the prohibition on “gambling or betting” for lotteries conducted by the state for most officer holders, including trial court judges, but specifically not including “judges sitting on the State Supreme Court or the South Carolina Court of Appeals.”