SENATE BILL NO. 1288

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S1288................................................by JUDICIARY AND RULES
DISTRICT MAGISTRATES COMMISSIONS - Amends and adds to existing law relating
to magistrate judges to revise magistrate judge membership and terms on
district magistrates commissions; to revise when a commission vacancy is
caused; to revise the office of secretary of district magistrate
commissions; to delete certain provisions relating to salaries; and to
provide for waiver of the right to a magistrate judge.

01/17    Senate intro - 1st rdg - to printing
01/18    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
      Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- McKenzie, Pearce
    Floor Sponsor - Hill
    Title apvd - to House
01/30    House intro - 1st rdg - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
      McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
      Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
      Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
      Woude, Wills, Wood(27), Wood(35)
      NAYS -- None
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Wills
    Title apvd - to Senate
02/20    To enrol
02/21    Rpt enrol - Pres signed
02/22    Sp signed
02/25    To Governor
02/26    Governor signed
         Session Law Chapter 38
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1288

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE MAGISTRATE DIVISION OF THE DISTRICT  COURT;  AMENDING  SECTION
  3        1-2203,  IDAHO  CODE,  TO  REVISE MAGISTRATE JUDGE MEMBERSHIP AND TERMS ON
  4        DISTRICT MAGISTRATES  COMMISSIONS,  TO  PROVIDE  CORRECT  TERMINOLOGY,  TO
  5        REVISE  WHEN  A COMMISSION VACANCY IS CAUSED AND TO MAKE TECHNICAL CORREC-
  6        TIONS; AMENDING SECTION 1-2204, IDAHO CODE, TO REVISE THE OFFICE OF SECRE-
  7        TARY FOR DISTRICT MAGISTRATES COMMISSIONS AND TO  MAKE  TECHNICAL  CORREC-
  8        TIONS;  AMENDING  SECTION 1-2205, IDAHO CODE, TO PROVIDE CORRECT TERMINOL-
  9        OGY, TO PROVIDE A CODE REFERENCE, TO DELETE PROVISIONS RELATING  TO  SALA-
 10        RIES  AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING CHAPTER 8, TITLE 31,
 11        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-879, IDAHO CODE,  TO  PRO-
 12        VIDE FOR WAIVER OF RIGHT TO MAGISTRATE JUDGE.

 13    Be It Enacted by the Legislature of the State of Idaho:

 14        SECTION  1.  That  Section  1-2203, Idaho Code, be, and the same is hereby
 15    amended to read as follows:

 16        1-2203.  DISTRICT MAGISTRATES COMMISSION -- MEMBERS. (1) There  is  hereby
 17    established  in each judicial district of the state of Idaho a district magis-
 18    trates commission to be known as the "district magistrates commission  of  the
 19    .... judicial district," the members of which shall consist of the chairman of
 20    the  board of county commissioners of each county in the district or member of
 21    such board designated by the chairman, the mayors of three (3) municipalities,
 22    one (1) of whom shall be from a city of over ten thousand (10,000) population,
 23    in the district to be appointed by the governor, two  (2)  qualified  electors
 24    residing  within the district to be appointed by the governor, the administra-
 25    tive judge of the district or district judge of  the  district  designated  by
 26    him, two (2) attorneys nominated by the district bar associations in each dis-
 27    trict and appointed by the Idaho state bar, and a magistrate judge in the dis-
 28    trict,  who  shall  be a nonvoting member, to be appointed by and serve at the
 29    pleasure of the administrative district judge. Temporary attorney members  may
 30    be  nominated  in  such  number  as the bar association in each district deems
 31    appropriate at any  time  by  the  respective  district  bar  association  and
 32    appointed by the Idaho state bar to fill any temporary attorney member vacancy
 33    on the district magistrates commissions. Each of the members shall be over the
 34    age of majority and shall be and remain a citizen of the United States, a bona
 35    fide resident of the state and district and of good moral character.
 36        (2)  Forthwith  after  making  any  appointments  to  such commissions the
 37    respective appointing authorities shall duly certify in writing to the  admin-
 38    istrative  director  of the courts and to the secretary of state the following
 39    facts with respect to each appointee:
 40        (a)  Full name,;
 41        (b)  Age,;
 42        (c)  Residence address,;
 43        (d)  If employed, the nature of his the appointee's occupation  and  busi-

                                       2

  1        ness address,;
  2        (e)  The name of the district magistrate commission to which appointed,;
  3        (f)  The date of expiration of term for which appointed,;
  4        (g)  Except  for  the  initial  appointees under this act, the name of the
  5        person he the appointee succeeds on the commission,; and,
  6        (h)  If a voting member other than a mayor, magistrate judge  or  district
  7        judge, his the appointee's political party.
  8        (3)  No  voting  member, other than the persons appointed while serving as
  9    mayor, or county commissioner, and magistrate judge or  district  judge  shall
 10    hold  any city, county or state elective office or be employed by the state or
 11    any city or county while he is a member of the commission.
 12        (4)  The two (2) attorney members shall serve for a term of two (2)  years
 13    and may succeed themselves for two (2) additional terms. The qualified elector
 14    members  shall  serve  terms of six (6) years each and may succeed themselves.
 15    The mayors shall serve terms of six (6) years and may succeed themselves, pro-
 16    vided that their terms will end when they  cease  to  hold  the  office  which
 17    entitles  them  to  membership  on  the commission. The magistrate judge shall
 18    serve a two (2) year term which may be renewed up to a total of six (6) years.
 19    Appointments to fill vacancies shall be made by the initial appointing author-
 20    ity for the unexpired term.
 21        (5)  A vacancy on the commission shall be caused by a voting member dying,
 22    resigning, moving his or her residence outside the district, moving his or her
 23    residence to another county and, in the case of  a  mayor,  magistrate  judge,
 24    district judge or county commissioner member, losing his or her status as such
 25    official  for  any reason; provided, however, that except in the case of death
 26    or resignation of a voting member, he the   member  shall  continue  to  serve
 27    until  his  a successor is duly appointed and qualified. A vacancy on the com-
 28    mission shall be caused by an attorney member dying, resigning, moving his  or
 29    her residence to without the district or being suspended or disbarred from the
 30    practice  of  law. A temporary vacancy on the commission shall be caused by an
 31    attorney member having been engaged in the practice of law as a partner of  an
 32    applicant or currently practicing law in the same firm as an applicant seeking
 33    a  magistrate  judge's  position in the commission's judicial district, of the
 34    attorney member or by an attorney member or a magistrate judge  member  having
 35    been  engaged in the practice of law as a partner of such applicant within the
 36    last five (5) years. It shall be the duty of any member who  has  become  dis-
 37    qualified for any reason promptly to report that fact in writing to the chair-
 38    man  and  secretary of the commission. It shall be the duty of the chairman or
 39    secretary promptly to report in writing to the appropriate appointing  author-
 40    ity, the existence of any vacancy on the commission.

 41        SECTION  2.  That  Section  1-2204, Idaho Code, be, and the same is hereby
 42    amended to read as follows:

 43        1-2204.  DISTRICT MAGISTRATES COMMISSION -- MEETINGS -- QUORUM -- OFFICERS
 44    -- RULES. The district magistrates commission of each judicial district  shall
 45    meet  initially  to organize and transact any necessary business on the second
 46    Monday of September, 1977, unless earlier convened, and at such other times as
 47    shall be necessary in the discharge of its  official  duties.  The  commission
 48    shall  meet  at  the  times  and places determined by the commission or by the
 49    chairman after reasonable notice. In addition a meeting may be called  by  any
 50    three  (3)  of  the  voting members after reasonable notice. A majority of the
 51    voting members of the commission shall constitute  a  quorum.  The  commission
 52    shall act by affirmative vote of a majority of the voting members present. The
 53    commission  shall  elect a vice-chairman and secretary to serve until the 30th

                                       3

  1    day of June of the next succeeding year or until their a    successors  be  is
  2    elected.  The trial court administrator shall ordinarily serve as secretary of
  3    the commission but a member of the commission may be appointed to do so at the
  4    discretion of the administrative district judge, or district  judge  designee.
  5    The  commission  may  adopt  rules  for  the administration  of its duties not
  6    inconsistent with applicable provisions of law.  The  chairman  and  secretary
  7    shall maintain the duplicate official minutes of all meetings of actions taken
  8    by the commission.

  9        SECTION  3.  That  Section  1-2205, Idaho Code, be, and the same is hereby
 10    amended to read as follows:

 11        1-2205.  DISTRICT MAGISTRATES COMMISSION -- POWERS AND  DUTIES.  The  dis-
 12    trict magistrates commission shall have the following powers and duties:
 13        (a)  To  determine  the  number  and  location of magistrates judges to be
 14    appointed within the judicial district, subject to appropriations by the  leg-
 15    islature,  pursuant  to section 1-2215, Idaho Code; provided, that there shall
 16    be at least one (1) resident magistrate judge appointed in each county, except
 17    for those counties in which the board of county commissioners,  at  any  time,
 18    has  adopted  by  majority  vote,  without subsequent rescission, a resolution
 19    waiving the right to a resident magistrate judge, pursuant to section  31-879,
 20    Idaho Code;
 21        (b)  To  appoint the magistrates judges within the district on a nonparti-
 22    san merit basis, except as provided in section 1-2220, Idaho Code;
 23        (c)  To recommend to the legislature the salaries to be paid to the magis-
 24    trates within the district;
 25        (d)  To conduct studies for the improvement of the administration of  jus-
 26    tice  within the district and to make recommendations for improvements therein
 27    to the legislature, the Ssupreme Ccourt, the district  court  and  such  other
 28    governmental  agencies as may be interested in or affected by such recommenda-
 29    tions.
 30        The actions of the commission pursuant to subsections (a), and (b) and (c)
 31    hereof of this section shall be subject to disapproval by  a majority  of  the
 32    district  judges  in the district within thirty (30) days after written notice
 33    to the district judges of  the  commission's  actions,  unless  such  time  be
 34    extended for good cause by order of the Ssupreme Ccourt.

 35        SECTION  4.  That  Chapter  8,  Title  31, Idaho Code, be, and the same is
 36    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 37    ignated as Section 31-879, Idaho Code, and to read as follows:

 38        31-879.  WAIVER  OF RIGHT TO MAGISTRATE JUDGE. The board of county commis-
 39    sioners shall have the authority to adopt by majority vote a resolution  waiv-
 40    ing  the right to a resident magistrate judge to which the county would other-
 41    wise be entitled pursuant to section 1-2205,  Idaho  Code.  When  a  board  of
 42    county  commissioners  has adopted such a resolution, and has not subsequently
 43    rescinded such resolution, the district magistrates commission for  the  judi-
 44    cial district in which the county is located is not required to appoint a res-
 45    ident magistrate judge for that county.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                         RS 17461C1

       This bill would update and streamline the statutes
  relating to district magistrate commissions, which appoint
  magistrate judges.  It would provide that the magistrate
  judge member of each commission, who currently has no vote,
  would be a voting member.  The bill would provide that the
  trial court administrator of each district would be the
  secretary of the commission, and the current requirement of
  keeping duplicate minutes would be eliminated.  The bill
  provides that an attorney member would be disqualified from
  serving if the attorney was a law partner of an attorney
  magistrate candidate within the previous five years.  The
  bill eliminates an obsolete provision giving the commissions
  the duty to recommend the salaries of magistrate judges.  It
  also includes the board of county commissioners' authority
  to waive the right to a resident magistrate judge in the
  chapter listing the powers of the county commissioners.

         
                        FISCAL NOTE

       This bill would have no impact on the general fund.
  
  
  
  
  Contact:
  Patricia Tobias
  Administrative Director of the Courts
  (208) 334-2246
  
  
 
  STATEMENT OF PURPOSE/FISCAL NOTE                  S 1288