Print Friendly HOUSE BILL NO. 479 – Prosecuting atty, no term limits
HOUSE BILL NO. 479
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H0479................................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - Amends existing law to provide that a county
prosecuting attorney shall not be subject to term limitations.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 479
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO TERM LIMITATIONS; AMENDING SECTION 34-907, IDAHO CODE, TO PROVIDE
3 THAT A COUNTY PROSECUTING ATTORNEY SHALL NOT BE SUBJECT TO TERM LIMITA-
4 TIONS AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 34-907, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
9 son shall not be eligible to have his or her name placed upon the primary or
10 general election ballot for a county, state or federal office which they have
11 previously held if they have served, will serve or but for resignation would
12 have served, in that same office by the end of the current term of office for
13 a length of time as follows:
14 a. As a member of the U.S. House of Representatives representing any dis-
15 trict within the state, during six (6) or more of the previous eleven (11)
17 b. As a member of the U.S. Senate, during twelve (12) or more of the pre-
18 vious twenty - three (23) years.
19 c. As a state elected official, during eight (8) or more of the previous
20 fifteen (15) years.
21 d. As a state legislator, representing any district within the state,
22 including all House seats within the same district, during eight (8) or
23 more of the previous fifteen (15) years.
24 e. As a county commissioner, representing any district within the county,
25 during six (6) or more of the previous eleven (11) years.
26 f. As any other county elected official, during eight (8) or more of the
27 previous fifteen (15) years ; provided that a county
28 prosecuting attorney shall not be subject to the limitations specified in
29 this subsection .
30 (2) Nothing in this section shall be construed as prohibiting any quali-
31 fied voter of the state from casting a ballot in a general election for any
32 person by writing the name of that person on any ballot, or as prohibiting
33 such a properly marked general election ballot from being counted or tabu-
34 lated, nor shall any provision of this section be construed as preventing or
35 prohibiting any person from standing or campaigning for any elective office by
36 means of a "write-in" campaign in a general election.
STATEMENT OF PURPOSE
This legislation is recommended by the Legislative Council Interim Committee on the Criminal
Justice Process. The legislation would eliminate term limits for prosecuting attorneys.
After the 1996 election there was a fifty percent turnover in prosecutors around the state. Very
few prosecutors remain in office for extended periods of time, resulting in a prosecutorial pool with less
experience and expertise in an area of the law which has become increasingly sophisticated and
complex. In Idaho's 44 counties, there are only ten county prosecutors who have remained in office in
excess of ten years. If the people of the state of Idaho are to be successfully represented in criminal
prosecutions, experienced, long-term prosecutors are essential. Limitations on the terms a prosecutor can
serve in office have a chilling effect on this goal. The purpose to be served by imposing term limits on
other elected offices is not served in the case of prosecutors.
This legislation would have no fiscal impact on the general fund.
CONTACT: Susan Mather
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 479