Update on State Judicial Issues William E. Raftery KIS Analyst Williamsburg, VA
Overview Legislative Activity 2013 2013 & 2014 at the ballot box
Jurisdiction International law/sharia bans 38 bills, 16 states (down from 41 in 22) Modified versions enacted in NC, OK AL: Full faith and credit in 2014 MO: Veto (adoption, other issues) Get challenge to state laws out of capital s trial court: MI (Court of Claims), WI
Jurisdiction Nullification State judges may not recognize State judges may not assist Prosecuting judges & juries (AZ, SC) Arizona: A public servant who enforces or upholds federal gun laws is guilty of a class 6 felony public servant means judges, and any person who participates, as juror, witness, advisor, consultant or otherwise, in performing a government function Supremacy clause: the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Increase age Qualifications & Terms Enacted: WA (District Court) On ballot: NY 2013, HI 2014 Just barely lost: LA, VA Rejected: MA, NH Out of committee: AL, IN, MI Decrease age: KS Term limits: OK
Qualifications & Terms Mandatory training Domestic relations: PA Finance: NM Human trafficking: MS LGBT: CA Med mal: AZ PTSD: AZ Risk assessments & behavioral health: SD Searches, arrests and seizures: NY
Rule Making Curtail supreme court control/rules on admission/licensing/testing: AZ, NY, SC Mandate open meetings requirements: CA Remove power outright: AR, NH Remove power over select cases: AR (civil), FL (capital)
Rule Making Judicial emergencies: ND E-filing/e-docs: MI, OR Docket control: SC (based on state S.C. decision) Small claims: TX
Salary & Budget Temporary fees becoming permanent www.ncsc.org/brc Indigent defense fees Collecting court debts Restrictions on contracting out: CA Retirement systems revisions Make indigent parties work-to-sue: CT
Compensation Salary & Budget Preliminary information: over one-third (18/45) of state judges received increase in 2013 Final data in January 2014 www.ncsc.org/salarytracker Threats to compensation for decisions (IA)
Public financing Judicial Selection Adopt/make permanent: KY, PA, TX, WI, WV Modify: NM (vetoed) End: NC End partisan: AL, ME, MD, MS, OK, TX (Chief Justice initiative), WV Adopt partisan: GA, NC
Judicial Selection Merit Change number sent: AZ (unconstitutional), NC * Change merit to quasi-federal: KS, OK, TN Change merit to election: MO (initiative) Certify individuals for up to 5 years: RI Change commission: FL, KS, MO, SD Ban Judicial Council recommendation: AK Adopt: MN & PA
Structure Changes Small claims courts: TX Revisions to problem solving courts system: OR (best practices), SD, TX (certification) Veterans courts: IN (study), MO, TX, SD, WA, CA (resolution)
Structure Changes Let SC or AOC redraw lines: MO, TN Legislature redrew lines: OK Workload studies: NC, WV (NCSC projects) Revision to lower court system: AZ End Traffic Court of Philly: PA
Court security Other Let guns into courthouses/courtroom only limits: OH, KS, GA, AZ, WY State supplemental funding for court security: WY Increase penalties or make specific crime of filing liens on judges/court staff: AR, MD, ME, NE, NY, TX Increase penalties for commission of crime against judge: WA, WI Increase penalty for commission of crime in courthouse: WA, WI
2013 at the ballot box New York Proposal 6 Raise mandatory retirement age for state s top courts (Supreme & Court of Appeals) Defeated 60-40% Texas Proposition 9 Expands State Commission on Judicial Conduct power to issue order of public admonition, warning, reprimand, or a requirement to obtain additional training or education Adopted 85-15%
2014 at the ballot box Alabama: Int l/sharia Law ban + FFC Arkansas: Judicial salary commission, but loss of guaranteed no diminishment Hawaii: Increase retirement from 70 to 80 Nevada: IAC (4 th time in 40 years) Oregon: Judges as law profs & Nat l Guard Tennessee: Quasi-federal for appellate courts What happens if nothing wins?
2014 possibly at the ballot box End merit, switch to quasi-federal: KS, OK Adopt merit: MN School funding: KS Judicial retirement: LA, MI Single, 20-year term: OK Governor picks CJ: OK
Update on State Judicial Issues William E. Raftery KIS Analyst Williamsburg, VA