This bill addresses issues related to the judiciary.
This bill:
- defines terms;
- addresses the ballot language for a retention election;
- addresses the transfer of an action from the district court to the Business and Chancery Court;
- addresses the assignment of district court judges to cases a municipality files, appeals, or transfers to the district court;
- modifies the requirements for a three-judge panel in the district court;
- modifies the publication requirements for a final decision or order from the Business and Chancery Court;
- amends the tentative decision requirements for the Business and Chancery Court;
- contingent on statutory provisions being held invalid or enjoined:
establishes the Constitutional Court (court);addresses the postjudgment interest rate for judgments of the court;addresses a retention election for a judge of the court;adds a judge of the court to the definition of "public official" for Title 63G, Chapter 23, Property Donated to State by Public Official;addresses salaries for judges of the court;provides that the court is not geographically divided into districts;provides that the court consists of three judges;amends the membership of the Judicial Council to include a member from the court;amends provisions regarding the administration of the courts to address the creation of the court;addresses a judicial hiring freeze for judges of the court;amends the jurisdiction of the district court to allow a district court judge or Court of Appeals judge to preside over an action of the court for purposes of disqualification and recusal;provides that the court is a trial court with statewide jurisdiction;addresses the organization and status of the court;addresses the jurisdiction of the court;addresses the transfer of an action to the court;addresses the administration, staff, and management of the court;allows a district court judge or Court of Appeals judge to be appointed to the court without vacating the judge's appointment to the district court or Court of Appeals;addresses the location and facilities of the court;addresses the selection process for judges of the court, including the creation of the Constitutional Court Nominating Commission; andmakes changes to provisions regarding judgments, mileage, and lis pendens to address the creation of the court;
- clarifies the right to appeal for an injunction of a state law; and
- makes technical and conforming changes.Statutes affected:
Introduced: 78A-5-103
Substitute #1: 15-1-4, 20A-12-201, 63G-23-102, 67-8-2, 78A-1-101, 78A-1-102, 78A-2-104, 78A-2-107, 78A-2-108, 78A-2-110, 78A-2-113, 78A-2-301, 78A-4-102, 78A-4-103, 78A-5-102, 78A-5-102.7, 78A-5-103, 78A-5-105, 78A-11-102, 78B-5-202, 78B-5-206, 78B-5-1002, 78B-6-1303
Substitute #2: 15-1-4, 20A-12-201, 63G-23-102, 67-8-2, 78A-1-101, 78A-1-102, 78A-1-103, 78A-2-104, 78A-2-107, 78A-2-108, 78A-2-110, 78A-2-113, 78A-2-301, 78A-4-102, 78A-4-103, 78A-5-102, 78A-5-102.7, 78A-5-103, 78A-5-105, 78A-11-102, 78B-5-202, 78B-5-206, 78B-5-1002, 78B-6-1303
Enrolled: 15-1-4, 20A-12-201, 63G-23-102, 67-8-2, 78A-1-101, 78A-1-102, 78A-2-104, 78A-2-107, 78A-2-108, 78A-2-110, 78A-2-113, 78A-2-301, 78A-4-102, 78A-4-103, 78A-5-102, 78A-5-102.7, 78A-5-103, 78A-5-105, 78A-11-102, 78B-5-202, 78B-5-206, 78B-5-1002, 78B-6-1303
Substitute #3: 15-1-4, 20A-12-201, 63G-23-102, 67-8-2, 78A-1-101, 78A-1-102, 78A-2-104, 78A-2-107, 78A-2-108, 78A-2-110, 78A-2-113, 78A-2-301, 78A-4-102, 78A-4-103, 78A-5-102, 78A-5-102.7, 78A-5-103, 78A-5-105, 78A-11-102, 78B-5-202, 78B-5-206, 78B-5-1002, 78B-6-1303