The state of state judiciaries

It’s the time of year for State of the Judiciary addresses in many states, an opportunity for the Chief Justice of the state to provide the new state legislature with an update on the court system, including its strategic plans and ongoing resource needs. Several State of the Judiciary speeches have been reported in the news, allowing us to get a broad sense of what state courts are planning/hoping for in the coming year. More after the jump. Continue reading “The state of state judiciaries”

Update on state legislation affecting the courts

State legislatures continue to propose and advance bills that will impact their respective court systems.  Here are some of the latest developments:

  • Indiana’s proposal to convert Marion County (Indianapolis) to a merit selection system is heading to conference committee.  The latest version of the bill calls for a 14-member nominating committee to choose three final candidates for the governor’s selection; four of the committee members would be chosen from voters.  Previous coverage of the Indiana bill and its history is here.
  • In Arkansas, a new bill would change the way state judges are elected in Cumberland County Superior Court.  The current election system grants seats on the bench to the top two vote-getters among all candidates.  The bill would require candidates to declare which of the two judicial seats they are seeking.
  • The Florida House of Representatives has passed an amendment to the state constitution that would impose term limits on state appellate judges, including supreme court justices.  This is a terrible idea, but happily it is still in its infancy.  The state senate would also have to approve the move, and then voters would have to approve it in 2018.  Similar efforts in others states have been defeated in recent years after they were exposed for the transparent political proposals that they were.
  • Nebraska’s unicameral legislature has advanced a bill to raise judicial pay in the state.

 

Nebraska state courts to allow cameras in most proceedings and trials

Starting today.  This is a very interesting development for a few reasons.  First, it appears to apply to both criminal and civil cases, with exceptions made only for highly sensitive proceedings like juvenile and family cases, criminal pretrial motions, grand jury hearings, probate matters, and trade secret disputes.  Second, it is being permitted by state supreme court rule rather than legislation.  Third, the cameras will be operated by  external media outlets, who may edit the materials as they see fit (although they are cautioned to edit wisely).

I have long been an advocate of the educational and cognitive benefits of broadcasting courtroom proceedings, and was disappointed when the federal pilot project for recording selected civil proceedings was terminated in 2015.  Nebraska’s new policy is much more expansive than the federal pilot, and does pose a certain risk that courtroom events will be unfairly or improperly presented, that off-limits personnel (like jurors) will be shown, or that witnesses or lawyers will play to the cameras.  But I think the risk is minimal.  Continue reading “Nebraska state courts to allow cameras in most proceedings and trials”