The proposed bill would update current statutes by introducing new due process requirements for administrative actions that materially affect the statutory authority of Justices of the Peace. Key provisions include the necessity for
written notice of proposed actions, opportunities for hearings, and the right to legal representation. Additionally, any final decisions regarding these actions would be subject to
judicial review, and actions that do not comply with these requirements would be deemed
unenforceable until compliance is achieved.
The bill also clarifies the limits of administrative supervision, stating it does not extend to operational control or personnel decisions that could undermine a Justice of the Peace's authority. It requires that any administrative orders affecting local court governance be reported to legislative officials, including a
fiscal impact statement detailing costs to counties. Furthermore, counties would not be required to implement new mandates without a fiscal impact statement from the Supreme Court and legislative appropriations, ensuring that the integrity of Justices of the Peace is maintained while protecting counties from unfunded mandates.
Statutes affected: Introduced Version: 22-126, 22-127, 22-128, 22-129