It’s that time of year again – the ABA Journal has begun its search for the Top 100 Law Blogs. Last year the blog got an overwhelming amount of reader support but failed to break into the top 100. If you enjoy Gavel to Gavel and would like to show your support, visit the ABA Journal Law Blog Amici page and suggest Gavel to Gavel. Submissions are due no later than September 7, 2012. Thank you for your support!
Special November 2012 election coverage starts today
August 16th, 2012 by Bill RafteryWhile a great deal of focus is being drawn to the 2012 presidential elections, November 2012 is set to be an incredibly busy election for state courts. Starting with this issue, Gavel to Gavel will spend the next 10 weeks to the election examining through its e-newsletter, the blog and YouTube channel the various items on the ballot.
The coverage starts with today’s issue of the e-newsletter, which lists the various items on the 2012 ballot. Each of those items will be explored on the blog starting next week.
NJ Governor vetoes bill to help pay for court technology & indigent defense; becomes 2nd state governor to veto court technology bills this year
August 2nd, 2012 by Bill RafteryCross-posted to Court Technology Bulletin
Earlier this week NJ Governor Chris Christie’s veto of AB 763, a bill that would among other things raise various court fees to help pay for court technology, was delivered to the Assembly. The governor’s veto occurred in late June but wasn’t filed until July 30. The bill, as approved by the legislature, is similar to one vetoed by South Carolina Governor Nikki Haley earlier this year and later overridden.
AB 763 provides the Supreme Court may, subject to limitations provided in the bill, adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding: (1) the development, maintenance, and administration of a “Statewide digital e-court information system,” that incorporates electronic filing, service of process, document and case management, financial management, and public access to digital court records; and (2) Legal Services of New Jersey.
The veto now goes back to the Assembly. Its prospects are unclear: the original version passed the Assembly on March 2012 on a 64-14 vote. The Senate passed its version 24-11, shy of the 27 votes needed to override. The Assembly then re-passed the Senate amended version, but on a 48-30 vote; it would have 52 votes in the Assembly to override.
Northern Mariana Islands: tax credit for lawyers representing indigent defendants; constitutional amendment to decrease number of judges
August 1st, 2012 by Bill RafteryThe question of how governments in general can help pay for indigent defense. In many locations, including the Northern Mariana Islands (NMI), funding for such defense is a part of the judiciary’s budget, but with cuts to the judicial and other budgets it has made payment difficult. One possible way to help alleviate the burden on the judiciary was HB 17-247, which would have converted any payments owed for indigent defense into a tax credit. The bill was referred to the House Judiciary & Governmental Operations Committee where it failed to advance before a February 10, 2012 legislative deadline.
Other proposals introduced in the last year, none of which advanced, included:
- HB 17-248 Exempts Judiciary from requirement that 1% of all appropriated funds go to the office of the Public Auditor.
- SLI 17-11, an amendment to the NMI Constitution to decrease the minimum number of Commonwealth Superior Court (i.e. trial court) judges from 4 judges to 3.
Guam State of the Judiciary: “One of the wisest investments of time and resources that our government can make is making our court system as hospitable and secure as possible”
July 30th, 2012 by Bill RafteryGuam’s Chief Justice, F. Philip Carbullido, delivered his 2012 State of the Judiciary Address on May 1, 2012 to the 31st Guam Legislature (Liheslaturan Guåhan).
Portions of the Chief Justice’s Address are below:
Preserving Our Mission, Protecting the Rule of Law: A fair, efficient, and fully functioning court system provides businesses with the necessary confidence to invest in an area, by ensuring that their investments are fully protected under the rule of law… The protection provided by the court system is what makes it possible for our citizens to innovate and enjoy the fruits of their labor, while protecting their rights and the rights of others; it is what attracts investors and it’s what gives our local people the security they need to venture into business in the hopes of growing our economy and improving their standard of living.
CMS: For the Judiciary, the new CMS means that we can more effectively allocate our workload and maintain the most efficient operation possible… The Judiciary is moving with the national trend of becoming a paper-on-demand court. As part of Phase II of our CMS, we will implement e-filing in the Superior Court – an option that, until now, has only been available in the Supreme Court.
Strategic Plan: The Judiciary’s Strategic Plan is our way forward, our blueprint for the next 3 – 5 years. It’s how we know where we need to be, and it’s the surest set of directions on how to get there… Many of our strategic projects are focused on solutions designed to address all issues of timeliness – from getting a case moved through the system more quickly, to decreasing the time it takes to complete routine court business.
Program Highlights: The Judiciary of Guam succeeds today because our extraordinary employees and community partners come together in productive ways to make our system of justice work better tomorrow than it does today … A staggering 9,294 cases were filed in the Superior Court in 2011, including 2,027 criminal Cases… I would be remiss if I did not mention our specialty courts and the judges and employees who staff these courts… By providing “wrap around services,” we are able to target the underlying problems that lead people into the criminal justice system.
Concluding Thoughts: The Judiciary of Guam serves a very important function in our community and we are committed to providing quality, reliable, and accessible justice to all Guam’s residents and businesses… We rely on the collective support of the Legislature and the Governor in order to continue fulfilling our mission, and to ensure that our justice system remains accessible, reliable, and stable. I am acutely aware – and very much appreciate – that funding is tight for everyone. But by design of our system of government, the people of Guam depend on you to provide. We rely on the collective support of the Legislature and the Governor in order to continue fulfilling our mission, and to ensure that our justice system remains accessible, reliable, and stable. I am acutely aware – and very much appreciate – that funding is tight for everyone. But by design of our system of government, the people of Guam depend on you to provide.
Non-state week 2012: Guam
July 30th, 2012 by Bill RafteryAmong the bills being considered by the 31st Guam Legislature (Liheslaturan Guåhan) affecting the courts are:
Bill 347-31 Authorizes the hiring of retirees in the Judiciary of Guam and allowing such retirees to continue to receive their regular retirement annuities while so employed. In Committee on Appropriations, Taxation, Public Debt, Banking, Insurance, Retirement and Land.
Bill 446-31 Removes Presiding Judge of Superior Court and others from list of government officials who may travel off the island at government expense. In Committee on Youth, Cultural Affairs, Procurement, General Governmental Operations and Public Broadcasting.
Bill 455-31 Authorizes the Judiciary of Guam to submit requests for criminal history checks to the Federal Bureau of Investigation for all Guam Americorps volunteers. In Committee on Public Safety, Law Enforcement and Judiciary.
Non-state week 2012: A look at legislation affecting the non-state courts of the United States
July 30th, 2012 by Bill RafterySince its establishment in 2006 as a set of spreadsheets, Gavel to Gavel maintained itself as “A review of state legislation affecting the courts.” However, this has admitted and regrettably given short shrift to the other parts of the United States that are not states:
- Territory of American Samoa
- Territory of Guam
- Commonwealth of the Northern Mariana Islands
- Commonwealth of Puerto Rico
- United States Virgin Islands
- District of Columbia
In 2011 Gavel to Gavel began an annual practice of focusing a week on these specific non-states and that practice continues for a week starting today.
Wyoming Joint Interim Judiciary Committee meets, will examine possible 4% and 8% budget cuts to judiciary
July 27th, 2012 by Bill RafteryWyoming’s Joint Interim Judiciary Committee is set to meet July 30 and 31. On the agenda are presentations on the issue of budget reductions, including plans to reduce the judiciary’s budget by 4% ad 8%.
