October 3, 2024
By Bill Raftery
Last week Trending Topics looked at the three ballot items related to judicial discipline. This week other items concerning state courts include:
- Georgia Statewide Tax Court Amendment. Approved as HR 598 of 2024, the amendment would add the Georgia Tax Court to the state’s constitution, and judges would be appointed by the governor and confirmed by the Senate and House Judiciary committees to a 4-year term. Judges may be reappointed and reconfirmed at the end of their terms. This judicial selection system is identical to that of the Georgia State-wide Business Court.
- Hawaii District Court Appointments Modifications Amendment. Under the state constitution, the governor appoints judges and justices of the Supreme Court, Intermediate Court, and Circuit Courts, while the chief justice appoints District Court judges. The specific methods differ slightly between District Courts and other courts. If approved, SB 2927 of 2024 would make the process of judicial appointments made by the chief justice the same as the process used by the governor.
- Missouri Administration of Justice Fees and Costs Amendment. Several states have debated whether or how state courts can levy costs and fees against criminal defendants to pay for certain aspects of government (sometimes referred to as “administration of justice” fees or costs). Voters will decide in SJR 71 of 2024 whether to amend the state’s constitution to specifically provide “the administration of justice shall include the levying of costs and fees to support salaries and benefits for sheriffs, former sheriffs, prosecuting attorneys, former prosecuting attorneys, circuit attorneys, and former circuit attorneys.”
- New Hampshire Increase Mandatory Judicial Retirement Age Amendment. CACR 6 of 2023 would allow judges to serve until the age of 75. Currently, the state constitution provides that judges must retire at 70. This marks the latest in a series of efforts in other states to change the mandatory retirement age for judges. Click the links for more information about what other states have mandatory judicial retirement ages, and recent state electoral efforts.
- New Mexico Judicial Nominating Commission Amendment. SJR 1 of 2024 modifies the state’s Appellate Judges Nominating Commission, which sends a list to the governor of nominees for appellate judicial vacancies. The University of New Mexico School of Law dean chairs that commission. This amendment would allow the dean “or the dean's designee, who shall be an associate dean, a faculty member, a retired faculty member or a former dean of the University of New Mexico School of Law,” to serve as chair.
- Oregon Independent Public Service Compensation Commission Amendment (Measure 116). Many states have advisory commissions that can recommend judicial salaries to the legislature either for judges or for other officials. Some states grant the commission the power to set the salaries but allow the legislature to change or override the commission. SJR 34 of 2023 would allow the Public Service Compensation Commission to set the salaries for “Judges of the Supreme Court [and] judges of other courts under the administration of the judicial branch of state government,” as well as for other officials, but does NOT provide a mechanism by which the legislature can override or alter the commission’s work.
All constitutional amendments impacting the judiciary can be found on the Gavel to Gavel website (www.ncsc.org/gaveltogavel). While there, sign up for the weekly newsletter published during state spring legislative sessions.
What legislation impacting your courts might appear at the ballot box? Email us at Knowledge@ncsc.org or call 800-616-6164 and let us know. Follow the National Center for State Courts on Facebook, X, Instagram, LinkedIn, and Vimeo.