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HJR003.......................................................by WAYS AND MEANS
JUDGES/JUSTICES - SELECTION - Proposing an amendment to the Constitution of
the State of Idaho to provide for the selection of Supreme Court justices,
judges of the Court of Appeals and district court judges; and proposing a new
section to the Constitution of the State of Idaho to create a nonpartisan
judicial council which shall submit to the governor the names of qualified
persons to fill vacancies in the office of Supreme Court justice, judge of the
Court of Appeals or district court judge; to provide that the governor shall
select from the nominees; to provide that if the governor fails to appoint any
of the nominees within 60 days after the list is submitted, the judicial
council shall appoint one of the nominees to fill the vacancy; and to provide
for a retention election for Supreme Court justices, judges of the Court of
Appeals or district court judges to be held at the same time as the primary
election.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 3
BY WAYS AND MEANS COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTIONS 6, 11, 12 AND 23 OF ARTICLE V, OF THE CON-
3 STITUTION OF THE STATE OF IDAHO, RELATING TO THE JUDICIAL BRANCH OF GOV-
4 ERNMENT, TO PROVIDE THAT SUPREME COURT JUSTICES, JUDGES OF THE COURT OF
5 APPEALS AND DISTRICT COURT JUDGES BE SELECTED AND RETAINED AS PROVIDED BY
6 SECTION 22, ARTICLE V, OF THE CONSTITUTION OF THE STATE OF IDAHO AND TO
7 DELETE A RESIDENCY REQUIREMENT FOR DISTRICT JUDGES; AMENDING ARTICLE V OF
8 THE CONSTITUTION OF THE STATE OF IDAHO, BY THE ADDITION OF A NEW SECTION
9 22, ARTICLE V, OF THE CONSTITUTION OF THE STATE OF IDAHO, TO CREATE A NON-
10 PARTISAN JUDICIAL COUNCIL WHICH SHALL SUBMIT TO THE GOVERNOR THE NAMES OF
11 NOT LESS THAN TWO NOR MORE THAN FOUR QUALIFIED PERSONS TO FILL VACANCIES
12 IN THE OFFICE OF THE SUPREME COURT JUSTICE, JUDGE OF THE COURT OF APPEALS,
13 OR A DISTRICT JUDGE, TO PROVIDE THAT THE GOVERNOR SHALL SELECT FROM THE
14 NOMINEES AND TO PROVIDE THAT IF THE GOVERNOR FAILS TO APPOINT ANY OF THE
15 NOMINEES WITHIN SIXTY CALENDAR DAYS AFTER THE LIST OF NOMINEES IS SUBMIT-
16 TED, THE JUDICIAL COUNCIL SHALL APPOINT ONE OF THE NOMINEES TO FILL THE
17 VACANCY AND TO PROVIDE A RETENTION ELECTION AT THE PRIMARY ELECTION FOR
18 JUSTICES OF THE SUPREME COURT, A JUDGE OF THE COURT OF APPEALS OR A DIS-
19 TRICT COURT JUDGE; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE;
20 DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY
21 LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND
22 ARGUMENTS AS REQUIRED BY LAW.
23 Be It Resolved by the Legislature of the State of Idaho:
24 SECTION 1. That Sections 6, 11, 12 and 23, Article V, of the Constitution
25 of the State of Idaho be, and the same are hereby amended to read as follows:
26 SECTION 6. SUPREME COURT -- NUMBER OF JUSTICES -- TERM OF
27 OFFICE -- CALLING OF DISTRICT JUDGE TO SIT WITH COURT -- JUDGES OF
28 THE COURT OF APPEALS. The Supreme Court shall consist of five jus-
29 tices, a majority of whom shall be necessary to make a quorum or pro-
30 nounce a decision. If a justice of the Supreme Court shall be dis-
31 qualified from sitting in a cause before said court, or be unable to
32 sit therein, by reason of illness or absence, the said court may call
33 a district judge to sit in said court on the hearing of such cause.
34 The justices of the Supreme Court shall be selected by the elec-
35 tors of the state at large and retained as provided by section 22,
36 article V. The terms of office of the justices of the Supreme Court,
37 except as in this article otherwise provided, shall be six years.
38 The justices of the Supreme Court shall, immediately after the
39 first election under this constitution, be selected by lot, so that
40 one shall hold his office for the term of two years, one for the term
41 of four years, and one for the term of six years. The lots shall be
42 drawn by the justices of the Supreme Court, who shall, for that pur-
43 pose, assemble at the seat of government, and they shall cause the
2
1 result thereof to be certified to by the secretary of state and filed
2 in his office.
3 The chief justice shall be selected from among the justices of
4 the Supreme Court by a majority vote of the justices. His term of
5 office shall be four years. When a vacancy in the office of chief
6 justice occurs, a chief justice shall be selected for a full four
7 year term. The chief justice shall be the executive head of the judi-
8 cial system.
9 The judges of the Court of Appeals shall be selected and
10 retained as provided by section 22, article V. The terms of office of
11 the judges of the Court of Appeals shall be as provided by law.
12 SECTION 11. DISTRICT COURTS -- JUDGES AND TERMS. The state
13 shall be divided into five judicial districts as provided by law, for
14 each of which a judges shall be chosen by the qualified electors
15 thereof selected and retained as provided by section 22, article V,
16 whose term of office shall be four (4) years. And there shall be held
17 a district court in each county, at least twice in each year, to con-
18 tinue for such time in each county as may be prescribed by law. But
19 the legislature may reduce or increase the number of districts, and
20 district judges. and district attorneys. This section shall not be
21 construed to prevent the holding of special terms under such regula-
22 tions as may be provided by law.
23 SECTION 12. RESIDENCE OF JUDGES -- HOLDING COURT OUT OF DIS-
24 TRICT -- SERVICE BY RETIRED JUSTICES AND JUDGES. Every judge of the
25 district court shall reside in the district for which he is selected.
26 A judge of any district court, or any retired justice of the Supreme
27 Court or any retired district judge, may hold a district court in any
28 county at the request of the a judge of the district court thereof,
29 and upon the request of the governor, or of the chief justice, and
30 when any such request is made or approved by the chief justice it
31 shall be his duty to do so; but a cause in the district court may be
32 tried by a judge pro tempore, who must be a member of the bar, agreed
33 upon in writing by the parties litigant, or their attorneys of
34 record, and sworn to try the cause. Any retired justice or district
35 judge may sit with the Supreme Court and exercise the authority of a
36 member thereof in any cause in which he is requested by that court so
37 to do, and when requested by the chief justice shall perform such
38 other duties pertaining to the judicial department of government as
39 directed. Compensation for such service shall be as provided by the
40 legislature.
41 SECTION 23. QUALIFICATIONS OF DISTRICT JUDGES. No person shall
42 be eligible to the office of district judge unless he be learned in
43 the law, thirty (30) years of age, and a citizen of the United
44 States, and shall have resided in the state or territory at least two
45 (2) years next preceding his selection, nor unless he shall have been
46 at the time of his election, an elector in the judicial district for
47 which he is elected.
48 SECTION 2. That Article V, of the Constitution of the State of Idaho, be,
49 and the same is hereby amended by the addition of a NEW SECTION, to be known
50 and designated as Section 22, Article V, of the Constitution of the State of
51 Idaho, and to read as follows:
3
1 SECTION 22. NONPARTISAN SELECTION OF JUDGES -- JUDICIAL COUNCIL
2 CREATED -- APPOINTMENTS TO FILL VACANCIES -- RETENTION ELECTION.
3 There is hereby created the nonpartisan judicial council with such
4 powers, duties and membership as provided by law. For each vacancy in
5 the office of justice of the Supreme Court, judge of the Court of
6 Appeals, or a district judge, the judicial council shall submit to
7 the governor the names of not less than two nor more than four quali-
8 fied persons to fill each vacancy, one of whom shall be appointed by
9 the governor. If the governor fails to appoint any of the nominees
10 within sixty calendar days after the list of nominees is submitted,
11 the judicial council shall appoint one of the nominees to fill the
12 vacancy. If a justice of the Supreme Court, a judge of the Court of
13 Appeals or a district judge wishes to succeed himself or herself, the
14 justice or judge shall file in the office of the secretary of state a
15 declaration of candidacy for election to succeed himself or herself
16 not less than sixty days prior to the holding of a primary election.
17 If a declaration is not so filed by any justice or judge, the vacancy
18 resulting from expiration of the term of office shall be filled by
19 the judicial council as provided in this section. If the declaration
20 is filed, the name shall be submitted at the next primary election to
21 the voters eligible to vote within the state if the office is that of
22 justice of the Supreme Court or judge of the Court of Appeals or
23 within the judicial district if the office is that of district judge,
24 without party designation reading: "Shall (Justice or Judge as the
25 case may be).....................................(Here the name of
26 the Justice shall be inserted)............of the...............(Here
27 the title of the court shall be inserted).................be retained
28 in office? Yes..... No..... (Mark an "X" in the box you prefer.)"
29 If a majority of those voting on the question vote against
30 retaining him or her, upon the expiration of the term of office, a
31 vacancy shall exist which shall be filled by appointment as provided
32 in this section, otherwise the justice or judge shall, unless removed
33 for cause, remain in office for the number of years after December
34 thirty-first following such election as is provided for the full term
35 of the office, and at the expiration of the term shall be eligible
36 for retention in office by election in the manner here prescribed.
37 The legislature may enact statutes to implement the provisions of
38 this section.
39 SECTION 3. The question to be submitted to the electors of the State of
40 Idaho at the next general election shall be as follows:
41 "Shall Sections 6, 11, 12 and 23, Article V, of the Constitution of the
42 State of Idaho, relating to the judicial branch of government, be amended to
43 provide for the selection of Supreme Court justices, judges of the Court of
44 Appeals and district court judges as provided by Section 22, Article V, of the
45 Constitution of the State of Idaho and to delete a residency requirement for
46 district judges, and shall a new Section 22, Article V, be added to the Con-
47 stitution of the State of Idaho to create a nonpartisan judicial council which
48 shall submit to the governor the names of not less than two nor more than four
49 qualified persons to fill vacancies in the office of the Supreme Court jus-
50 tice, judge of the Court of Appeals or a district court judge, to provide that
51 the governor shall select from the nominees and to provide that if the gover-
52 nor fails to appoint any of the nominees within sixty calendar days after the
53 list of nominees is submitted, the judicial council shall appoint one of the
54 nominees to fill the vacancy and to provide a retention election at the pri-
4
1 mary election for justices of the Supreme Court, a judge of the Court of
2 Appeals or a district court judge?".
3 SECTION 4. The Legislative Council is directed to prepare the statements
4 required by Section 67-453, Idaho Code, and file the same.
5 SECTION 5. The Secretary of State is hereby directed to publish this pro-
6 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 12845
This Joint Resolution relates to the election process for Supreme
Court justices, Court of Appeals judges, and district judges.
Under the present system provided in the state constitution and
statutes of Idaho, whenever there is a vacancy in the office of a
justice of the Supreme Court, judge of the Court of Appeals, or
district judge, the Idaho Judicial Council, a nonpartisan merit
selection body, nominates qualified candidates to the Governor
for appointment to the position. Thereafter, if the justice or
judge seeks another term of office, the justice or judge stands
for election in a nonpartisan election.
This Joint Resolution submits to the electors of the state
proposed amendments to sections 6, 11, 12 and 23, of Art. V, and
the addition of a new section 22 to Art. V, Idaho Constitution to
create a "constitutional" judicial council which will nominate
qualified candidates for the Governor's appointment followed by a
"retention" election where the electorate decide whether to
retain the justice or judge for another term of office. If a
justice or judge does not file a declaration of candidacy for
another term, or if the voters choose not to retain the justice
or judge, there is a vacancy at the end of the term and the
selection process begins again with the nomination of qualified
candidates by the judicial council and subsequent appointment by
the Governor. The new appointee then serves until the next
primary election when the question of whether the appointee
should be retained is again submitted to the voters.
FISCAL IMPACT
According to the estimate of the Secretary of State's Office,
there will be a one-time, $30,000 publication cost associated
with placing this measure on the ballot which will be paid from
the general fund. There will be no additional costs in holding
retention elections instead of the present nonpartisan contested
elections for the election of justices or judges.
Contact
Name: Speaker Bruce Newcomb
Phone: 332-1111
Rep. Wendy Jaquet 332-1133
STATEMENT OF PURPOSE/FISCAL NOTE HJR