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. Specifically, it would require state or county entities to provide
written notice of proposed actions, allow for a hearing, and grant the right to legal representation. Additionally, any final decisions made under these provisions would be subject to
judicial review, and actions that do not comply with these requirements would be deemed unenforceable until rectified.
Moreover, the bill would clarify the limits of administrative supervision, ensuring it does not interfere with case-specific rulings or judicial discretion. It mandates that any administrative orders impacting local court governance be reported to legislative officials, including a
fiscal impact statement detailing associated costs. Counties would not be required to implement new requirements unless the Supreme Court issues a fiscal impact statement and the Legislature appropriates necessary funds. Overall, these updates aim to enhance the due process rights of Justices of the Peace and ensure greater legislative oversight of administrative actions.
Statutes affected: Introduced Version: 22-126, 22-127, 22-128, 22-129
House Engrossed Version: 22-126, 22-127, 22-128, 22-129