Update on State Judicial Issues William E Raftery

  • Slides: 21
Download presentation
Update on State Judicial Issues William E. Raftery, Ph. D Sr. KIS Analyst National

Update on State Judicial Issues William E. Raftery, Ph. D Sr. KIS Analyst National Center for State Courts

Overview • NCSC Products • Legislative Activity 2019 • 2019/2020 at the ballot box

Overview • NCSC Products • Legislative Activity 2019 • 2019/2020 at the ballot box • The “other” redistricting

NCSC Products • ODR www. ncsc. org/odr – International conference – JTC Resource Bulletin

NCSC Products • ODR www. ncsc. org/odr – International conference – JTC Resource Bulletin ODR for Courts – JTC Resource Bulletin Case Studies in ODR for Courts: A view from the front lines – Going to need legislative language (? ) • Civil Justice Initiative www. ncsc. org/cji – Moving towards Case Management Teams – Changes to rules of civil procedure

NCSC Products • Fees, Fines, Bail Practices www. ncsc. org/finesfees – Court innovations (text

NCSC Products • Fees, Fines, Bail Practices www. ncsc. org/finesfees – Court innovations (text reminders) – Rules based – Consolidate and simplify fees/fines – More discretion – Municipal reliance

NCSC Products • Opioids www. ncsc. org/opioids – National Press Club news conference next

NCSC Products • Opioids www. ncsc. org/opioids – National Press Club news conference next week – 30 different products • Civil and Criminal Justice • Children and Families • Collaboration and Education • New three-year initiative to improve the justice system response to those with mental health issues

NCSC Products • Cybersecurity – www. courttechnologyconference. org & event. courttechnologyconference. org – www.

NCSC Products • Cybersecurity – www. courttechnologyconference. org & event. courttechnologyconference. org – www. ncsc. org/jtc (tech and other standards) – Georgia AOC & Philadelphia – Redaction technology – Minnesota $$$ – Burden on clerk? Attorney? Shared? – Pen testing

Legislative Activity 2019 • Appellate seats by district – Oklahoma (enacted) Redrawing Supreme Court

Legislative Activity 2019 • Appellate seats by district – Oklahoma (enacted) Redrawing Supreme Court Districts to include at-large seats (rural vs. urban divide); appoint from districts, statewide retention election – Pennsylvania (debated): elected by district

Legislative Activity 2019 • Business courts – Georgia (implementing) – Louisiana (study) – New

Legislative Activity 2019 • Business courts – Georgia (implementing) – Louisiana (study) – New Jersey & Texas (considered) – Pennsylvania (cleared House) – Wyoming (Chancery, enacted)

Legislative Activity 2019 • Firearms in Courthouses & Courtroom – Arkansas: Officer On-duty &

Legislative Activity 2019 • Firearms in Courthouses & Courtroom – Arkansas: Officer On-duty & off-duty into a courtroom (enacted); general populace into a courthouse (study committee) – Mississippi (enacted): Courtroom includes chamber, witness room and jury room. – South Dakota (enacted): Opt-in.

Legislative Activity 2019 • Judicial Selection – Nominating commission: Iowa (enacted), Florida (debated) –

Legislative Activity 2019 • Judicial Selection – Nominating commission: Iowa (enacted), Florida (debated) – Partisan/return to partisan – Chief Justice: Iowa – Kansas: Abortion decision

Legislative Activity 2019 • Alabama – Selection of state court administrator via Commission and

Legislative Activity 2019 • Alabama – Selection of state court administrator via Commission and Supreme Court • Alaska – Line Item Veto of Judicial Budget & Abortion Decision – Line Item Veto of Judicial Branch Employee Salary Increases

Legislative Activity 2019 • Iowa – State Judicial Nominating Commission: 9 by the governor

Legislative Activity 2019 • Iowa – State Judicial Nominating Commission: 9 by the governor with Senate confirmation 8 by state bar members (previously 8 the governor, 8 state bar members, 1 member of Supreme Court)

Legislative Activity 2019 • Iowa – Chief Justice: Provides the chief justice is selected

Legislative Activity 2019 • Iowa – Chief Justice: Provides the chief justice is selected to two-year terms by the court (previously selected by the court and served “during the justice’s term of office”). Current chief justice's term as chief justice shortened to January 15, 2021 or upon the conclusion of the first meeting of the justices of the supreme court in January 2021, whichever occurs earlier.

2019/2020 at the ballot box • Alabama Judiciary Amendment – Administrative Director of Courts

2019/2020 at the ballot box • Alabama Judiciary Amendment – Administrative Director of Courts to be appointed by Alabama Supreme Court as a whole under procedures set by Legislature; implementing legislation would create a commission to recommend names to Supreme Court

2019/2020 at the ballot box • Alabama Judiciary Amendment – Removes the ability of

2019/2020 at the ballot box • Alabama Judiciary Amendment – Removes the ability of the Legislature to impeach judges (Judicial Inquiry Commission and the Court of Judiciary remain)

2019/2020 at the ballot box • Alabama Judiciary Amendment – Suspension of Judges: When

2019/2020 at the ballot box • Alabama Judiciary Amendment – Suspension of Judges: When complaint lodged against judge, 2/3 rds (currently majority) of JIC may suspend if the judge is physically or mentally incapable of carrying out judicial duties, or poses a threat of harm to the public or the administration of justice. – Alters JIC & Court of the Judiciary membership

2019/2020 at the ballot box • Alabama Judicial Vacancies Amendment – Circuit and District

2019/2020 at the ballot box • Alabama Judicial Vacancies Amendment – Circuit and District Court judge appointed to fill an interim vacancy serves at least two years before facing election.

2019/2020 at the ballot box • California (signature gathered) – Repeal Senate Bill 10

2019/2020 at the ballot box • California (signature gathered) – Repeal Senate Bill 10 (replace cash bail with risk assessments for detained suspects awaiting trials)

2019/2020 at the ballot box • Tennessee – Attorney General & Confirmation by General

2019/2020 at the ballot box • Tennessee – Attorney General & Confirmation by General Assembly

The “other” redistricting • Alabama Resource Allocation Commission • Missouri Redistricting Plan • New

The “other” redistricting • Alabama Resource Allocation Commission • Missouri Redistricting Plan • New Census data (vs. workload) – Declining populations and workloads – 35% of rural counties smaller than in 1950 • Voting Rights Act/lawsuits (statewide)

Update on State Judicial Issues William E. Raftery, Ph. D Sr. KIS Analyst National

Update on State Judicial Issues William E. Raftery, Ph. D Sr. KIS Analyst National Center for State Courts