SENATE BILL NO. 1407

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Bill Status



S1407................................................by JUDICIARY AND RULES
MAGISTRATES - JUDGES - JUSTICES - Amends existing law to increase the base
annual salaries of nonattorney magistrates, justices of the supreme court
and judges of the district courts.
                                                                        
02/26    Senate intro - 1st rdg - to printing
02/27    Rpt prt - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Darrington
    Title apvd - to House
03/10    House intro - 1st rdg - to Jud
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 59-5-6
      AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney,
      Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,
      Langford, Langhorst, Martinez, McGeachin, Miller, Mitchell, Moyle,
      Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,
      Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Bauer, Eberle, McKague, Meyer
      Absent and excused -- Cuddy, Gagner, Roberts, Sali, Snodgrass, Mr.
      Speaker
    Floor Sponsor - Field(18)
    Title apvd - to Senate
03/17    To enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 306
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1407
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SALARIES OF  JUDGES;  AMENDING  SECTION  1-2222,  IDAHO  CODE,  TO
  3        INCREASE  THE  BASE ANNUAL SALARY OF NONATTORNEY MAGISTRATES; AND AMENDING
  4        SECTION 59-502, IDAHO CODE, TO INCREASE THE ANNUAL SALARIES OF JUSTICES OF
  5        THE SUPREME COURT AND JUDGES OF THE DISTRICT COURTS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 1-2222, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        1-2222.  SALARY SCHEDULE -- ATTORNEY AND NONATTORNEY MAGISTRATES. The sal-
 10    aries of magistrates of the district court shall be as follows:
 11        (1)  Beginning  on  July 1, 1998, the annual salary of each magistrate who
 12    is an attorney shall be seven thousand eight hundred  eight  dollars  ($7,808)
 13    less  than  the  annual salary of a district judge. Beginning on July 1, 1999,
 14    the annual salary of each magistrate who is an attorney shall be  seven  thou-
 15    sand  one  hundred  six  dollars  ($7,106)  less than the salary of a district
 16    judge. Beginning on July 1, 2000, the annual salary of each magistrate who  is
 17    an attorney shall be six thousand four hundred four dollars ($6,404) less than
 18    the  salary  of a district judge. Beginning on July 1, 2001, the annual salary
 19    of each magistrate who is an attorney shall be five thousand seven hundred two
 20    dollars ($5,702) less than the salary of a district judge. Beginning  July  1,
 21    2002,  the  annual  salary of each magistrate who is an attorney shall be five
 22    thousand dollars ($5,000) less than the salary of a district judge.
 23        (2)  Beginning July 1, 1998, the following schedule is adopted as the base
 24    annual salary schedule for all nonattorney magistrates:
                                                                        
 25                                    STATE OF IDAHO
 26                     BASE ANNUAL SALARY SCHEDULE FOR NONATTORNEY
 27                                     MAGISTRATES
 28          Pay Class            Annual Case Dispositions      Annual Salary
 29    Nonattorney Magistrate
 30      Judge I                   more than 4,500 cases             $46,222
 31    Nonattorney Magistrate
 32      Judge II                  3,000 to 4,500 cases               41,663
 33    Nonattorney Magistrate
 34      Judge III                 1,750 to 3,000 cases               37,105
 35    Nonattorney Magistrate
 36      Judge IV                  under 1,750 cases                  31,027
                                                                        
 37    Commencing on July 1, 1999, the amount of the base annual salary for all  non-
 38    attorney  magistrates  shall be increased by four percent (4%), and again com-
 39    mencing on July 1, 2000, the amount of the base annual  salary  for  all  non-
 40    attorney  magistrates  shall  be  increased  by  three  and  one-half  percent
 41    (3 1/2%),  and again commencing on July 1, 2001, the amount of the base annual
                                                                        
                                           2
                                                                        
  1    salary for all nonattorney magistrates shall be increased by four and one-half
  2    percent (4 1/2%), and again commencing on July 1, 2004, the amount of the base
  3    annual salary for all nonattorney magistrates shall be increased by  two  per-
  4    cent (2%).
  5        (3)  The  administrative director of the courts shall certify annually the
  6    case dispositions of each nonattorney magistrate judge and designate the  sal-
  7    ary  classification  for each nonattorney magistrate prior to the beginning of
  8    each fiscal year. Any increases or decreases in salary as a result of the pro-
  9    visions of this section shall become effective to coincide with the  start  of
 10    the fiscal year.
 11        (4)  Each nonattorney magistrate shall, separate and apart from the salary
 12    schedule  established by subsection (2) of this section, receive an additional
 13    seven hundred fifty dollar ($750) longevity increment added to his base salary
 14    for each complete five (5) year period of service as a  magistrate.  No  addi-
 15    tional  longevity  increment shall be awarded after the twentieth year of ser-
 16    vice. For purposes of this subsection, magistrates who entered  state  service
 17    on  January  11,  1971,  shall receive credit for years of service as a police
 18    court judge, city court judge, justice of the peace, or probate judge.
 19        (5)  Each nonattorney magistrate shall, separate and apart from the salary
 20    schedule established by subsection (2) of this section, and separate and apart
 21    from the longevity increment established by subsection (4)  of  this  section,
 22    receive  an additional jurisdiction credit of thirty percent (30%) of his base
 23    salary upon being granted full statutory jurisdiction by the supreme court.
 24        (6)  Regardless of any other provision of this section, beginning July  1,
 25    1997,  no  nonattorney  magistrate shall receive an annual salary of more than
 26    fifty-five thousand two hundred seventy-six dollars ($55,276),  and  beginning
 27    July  1, 1998, there shall be no maximum salary limitation on nonattorney mag-
 28    istrate salaries.
 29        (7)  All  nonattorney  magistrates  are  full-time  state  officers,   are
 30    required  to  be  available on a twenty-four (24) hour basis to perform duties
 31    incident to their office such as the issuance of search and  arrest  warrants,
 32    and  are  required  to  hold  such office hours as may be necessary to conduct
 33    court business or as required by the supreme court.
                                                                        
 34        SECTION 2.  That Section 59-502, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        59-502.  SALARIES OF JUDGES. Commencing on July 1, 1998, the salary of the
 37    justices  of  the supreme court shall be ninety thousand seven hundred ninety-
 38    one dollars ($90,791) per annum, and the salary of the judges of the  district
 39    courts  shall be eighty-five thousand ninety-five dollars ($85,095) per annum.
 40    Commencing on July 1, 1999, the annual salaries of the justices of the supreme
 41    court and the annual salaries of  judges  of  the  district  courts  shall  be
 42    increased  by  four  percent  (4%),  and again commencing on July 1, 2000, the
 43    annual salary of the justices of the supreme court and the annual salaries  of
 44    judges of the district courts shall be increased by three and one-half percent
 45    (3 1/2%),  and again commencing on July 1, 2001, the annual salary of the jus-
 46    tices of the supreme court and the annual salaries of judges of  the  district
 47    courts  shall  be  increased  by four and one-half percent (4 1/2%), and again
 48    commencing on July 1, 2004, the annual salary of the justices of  the  supreme
 49    court  and  the  annual salaries of the judges of the district courts shall be
 50    increased by two percent (2%). Salaries of magistrates shall be as  prescribed
 51    by  chapter  22,  title  1,  Idaho Code. Salaries shall be paid on regular pay
 52    periods not less frequently than monthly as determined by order of the supreme
 53    court as due out of the state treasury, but no justice of the supreme court or
                                                                        
                                           3
                                                                        
  1    judge of the district court or magistrate shall be paid  his  salary,  or  any
  2    part  thereof,  unless he shall first take and subscribe an oath that there is
  3    not in his hands any matter in controversy not decided by him, which has  been
  4    finally  submitted  for  his  consideration and determination thirty (30) days
  5    prior to his taking and subscribing said oath.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14192

This bill will increase the annual salary of justices of the
supreme court, judges of the court of appeals, district judges,
and attorney and nonattorney magistrate judges by two percent
(2%) beginning July 1, 2004.

Presently there are no nonattorney magistrate judges serving
full-time in the state of Idaho.  However, the annual salary of
this category of judge must keep pace with salary increments
granted to other categories of judges in order to adequately
compensate retired nonattorney magistrate judges who are called
in to service on a temporary basis under Section 1-2221, Idaho
Code.

                       FISCAL NOTE

     The two percent (2%) salary increase for justices and judges 
will cost $279,700.00, which is funded from the general fund.

Contacts:
Senator Denton Darrington
Ph:  (208) 322-1317
Representative Debbie Field
Ph: (208) 322-1000


STATEMENT OF PURPOSE/FISCAL NOTE                     S 1407