Gavel to Gavel A review of state legislation affecting the courts Week ending January 21, 2011 Volume 5, Issue 4 Jurisdiction: Newly Introduced unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign Alaska HB 88 Prohibits a court, arbitrator, mediator, law, legal code, or system that would not grant the administrative agency, or enforcement authority from parties affected by the ruling or decisions the same applying a foreign law if application of the foreign law fundamental liberties, rights, and privileges granted would violate an individual's right guaranteed by the under the United States Constitution and the Constitution of the State of Alaska or the United States Constitution of Nebraska. In Senate Judiciary Constitution. In House State Affairs Committee. Committee. Arizona HCR 2013 (Constitutional Amendment) Grants Oklahoma HB 1552 Provides any court, arbitration, Superior Court original jurisdiction over “Annulment tribunal, or administrative agency ruling or decision and dissolution of marriage” (currently reads “Divorce shall violate the public policy of this state and be void and for Annulment of marriage.”) In House (no and unenforceable if the court, arbitration, tribunal, or committee). administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, Arkansas SB 97 Prohibits any court, arbitration, legal code or system that would not grant the parties tribunal, or administrative agency ruling or decision affected by the ruling or decision the same fundamental shall violate the public policy of this state and be void liberties, rights, and privileges granted under the United and unenforceable if the court, arbitration, tribunal, or States and Oklahoma Constitutions. Prefiled (no administrative agency bases its rulings or decisions in committee). the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the South Carolina SB 125 Increases magistrate court's parties affected by the ruling or decision the same jurisdiction to $10,000 from $7,500. In Senate fundamental liberties, rights, and privileges granted Committee on Judiciary. under the United States Constitution and the Arkansas Constitution In Senate Committee on Judiciary. Wyoming HJR 8 (Constitutional Amendment) Prohibits court use of sharia law. Prohibits Wyoming courts from Indiana SJR 16 (Constitutional Amendment) Provides a referencing law of other U.S. states if law of the other court may not enforce a law, rule, or legal code or state does include sharia law. Requires Wyoming courts system established and either used or applied in a uphold and adhere to the law as provided in the jurisdiction outside the states of the United States, the constitution of the United States, the Wyoming District of Columbia, or the territories of the United constitution, the United States Code and federal States if doing so would violate a right guaranteed by regulations promulgated pursuant thereto, laws of this this constitution or the Constitution of the United state, and established common law as specified by States. In Senate Committee on Judiciary. legislative enactment. Prohibits courts from considering the legal precepts of other nations or cultures including, Nebraska LB 647 Declares a court, arbitration, tribunal, without limitation, international law and Sharia law. In or administrative agency ruling or decision shall violate House Judiciary Committee. the public policy of this state and be void and Legislative tracking provided by LexisNexis Jurisdiction: Floor and Committee become a resident of the judicial election district upon appointment. In House Judiciary Committee. Activity Oregon HB 2785 Requires judges and other elected Virginia HB 1590 Increases from $15,000 to $25,000 officials and public employees who must swear or the maximum civil jurisdictional limit of general affirm to support Constitution as condition of office or district courts. Approved with substitute by House employment to take examination on constitutional Courts of Justice Committee 1/19/11. principles. Makes results of examination accessible to public. In House Rules Committee. In House Rules Wyoming HJR 1 (Constitutional Amendment) Committee. Eliminates provision that district court commissioners may act only 1) in the absence of the district judge from Pennsylvania SB 57 (Constitutional Amendment) the county or 2) where it is improper for the district Requires certain limited jurisdiction judges complete a judge to act. Approved as amended by full House course of training and instruction on judicial duties 1/18/11. prior to *nomination* to fill a judicial vacancy (currently, must complete prior to *taking office*). In Wyoming SB 15 AS AMENDED: Increases circuit Senate Judiciary Committee. court's jurisdiction to $50,000 from $20,000. Approved as amended by full Senate 1/19/11. Washington HB 5147 Removes mandatory retirement age for judges. In House Judiciary Committee. Qualifications and Terms: Newly Introduced Washington HJR 4203 (Constitutional Amendment) Removes mandatory retirement age for judges. In Arizona HB 2352 Requires court commissioners have House Judiciary Committee. resided and been a members of the Arizona state bar for at least five years prior to appointment. In House Washington HJR 4204 (Constitutional Amendment) Judiciary Committee. Permits salary reduction for state employees, judicial officers, and public officials in those fiscal years where Arizona HB 2424 Provides that if county wishes to budget stabilization account funds have been used. In create a probate court, each judge serving in that court House State Government & Tribal Affairs Committee. must first demonstrate competence in all areas of probate jurisprudence as prescribed by the supreme Washington SB 5323 Allows judges to retire at the court. In House Judiciary Committee. expiration of term of office after attaining age 75 (currently, must retire at end of calendar year turned Connecticut SB 352 Requires additional training for 75). In Senate Judiciary Committee. judges assigned to hear domestic violence cases in the Superior Court. In Joint Committee on Judiciary. Washington SB 8200 (Constitutional Amendment) Allows judges to retire at the expiration of term of Indiana SB 463 Repeals or otherwise removes all office after attaining age 75 (currently, must retire at provisions that establish a mandatory retirement age for end of calendar year turned 75). In Senate Judiciary superior court and county court judges. In Senate Committee. Committee on Judiciary. Washington SJR 8204 (Constitutional Amendment) Iowa HB 58 Eliminates requirement that a nominee for Removes mandatory retirement age for judges. In a district judgeship be a resident of the judicial election Senate Judiciary Committee. district prior to nomination. The nominee must still Subscribe or Questions: [email protected] Online: www.ncsconline.org/D_Research/gaveltogavel/ All or any parts of Gavel to Gavel may be reproduced and distributed, for nonprofit educational purposes, with attribution to the National Center for State Courts, Research Division. Qualifications and Terms: Floor and probation. Requires the board of directors of the judicial conference of Indiana to adopt rules to establish Committee Activity standards of probation supervision provided by probation departments based on validated risk Virginia HB 1978 Allows an assistant attorney for the assessments of offenders. In Senate Committee on Commonwealth, on a volunteer basis, to be appointed a Corrections, Criminal, and Civil Matters. substitute judge to serve no more than two days a month in any locality other than the one in which he Montana D. 1706 Redefines “practicing law” in state as presently serves with the written concurrence of the meaning “those authorized by the Montana supreme attorney for the Commonwealth employing such court to practice before the courts of this state, in the assistant and the chief general and juvenile and course of that person's avocation.” Defines actions not domestic relations district court judges of the judicial considered practice of law. Draft requested. district. Tabled in House Committee for Courts of Justice subcommittee 1/19/11. Nebraska LB 644 Prohibits supreme court from requiring attorneys join or pay dues to Nebraska State Wyoming HB 19 Permits retired circuit court judges Bar Association. Authorizes dues to pay for Nebraska not practicing law to serve temporarily on any circuit State Bar Commission. Prohibits supreme court rules court with the consent of the chief justice. Approved as from requiring qualifications to practice law beyond amended by full House 1/18/11. those specified in statute. In Senate Judiciary Committee. Rule Making Authority: Newly Introduced Oregon HB 2690 Allows Chief Justice of Supreme Court to adopt rules governing use of electronic Arizona SB 1185 Provides supreme court and superior applications for all records of courts and for courts shall (currently may) provide for the electronic transmission of jury information to circuit courts. filing of documents and electronic access to court Allows Chief Justice to establish reasonable records. Adds bulk data to required material courts shall subscription fees, and other user and transaction fees, provide. Provides the custodian of bulk data may for remote access to case information and other Judicial require a dissemination contract and disclaimer before Department forms, reports and services that