1998 Legislation
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HOUSE BILL NO. 675 – Justices/judges/magistrate, salary

HOUSE BILL NO. 675

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Daily Data Tracking History



H0675................................by JUDICIARY, RULES AND ADMINISTRATION
JUSTICES - JUDGES - MAGISTRATES - Amends existing law to revise the salary
structure for attorney magistrates, to increase the base salary for
nonattorney magistrates and to increase the salary of justices and district
judges.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 57-11-2
      AYES -- Alltus, Bell, Bieter, Bivens, Black(15), Black(23), Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
      Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley, Hansen,
      Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
      Kellogg, Kempton, Kjellander, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
      Reynolds, Richman, Ridinger, Robison, Sali, Stubbs, Taylor, Tilman,
      Tippets, Trail, Watson, Mr Speaker
      NAYS -- Barraclough, Barrett, Denney, Kendell, McKague, Schaefer,
      Stevenson, Stoicheff, Stone, Wheeler, Zimmermann
      Absent and excused -- Gagner, Wood
    Floor Sponsor - Gould
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Ipsen, Twiggs
    Floor Sponsor - Darrington
    Title apvd - to House
03/17    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 93
         Effective: 07/01/98

Bill Text


H0675


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 675

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE SALARY OF JUSTICES, JUDGES AND MAGISTRATES;  AMENDING  SECTION
 3        1-2222,  IDAHO  CODE,  TO  REVISE THE SALARY STRUCTURE FOR ATTORNEY MAGIS-
 4        TRATES AND TO INCREASE THE BASE ANNUAL SALARY OF NONATTORNEY  MAGISTRATES;
 5        AND  AMENDING  SECTION  59-502, IDAHO CODE, TO INCREASE THE SALARY OF JUS-
 6        TICES AND JUDGES.

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

 8        SECTION 1.  That Section 1-2222, Idaho Code, be, and the  same  is  hereby
 9    amended to read as follows:

10        1-2222.  SALARY SCHEDULE -- ATTORNEY AND NONATTORNEY MAGISTRATES. The sal-
11    aries of magistrates of the district court shall be as follows:
12        (1)   Beginning on July 1, 1998, t  T he annual sal-
13    ary  of each magistrate who is an attorney shall be  ninety percent (90%)
14    of   seven thousand eight hundred eight dollars ($7,808) less  than
15     the annual salary of a district judge.  Beginning on July 1, 1999,
16    the  annual  salary of each magistrate who is an attorney shall be seven thou-
17    sand one hundred six dollars ($7,106) less  than  the  salary  of  a  district
18    judge.  Beginning on July 1, 2000, the annual salary of each magistrate who is
19    an attorney shall be six thousand four hundred four dollars ($6,404) less than
20    the salary of a district judge. Beginning on July 1, 2001, the  annual  salary
21    of each magistrate who is an attorney shall be five thousand seven hundred two
22    dollars  ($5,702)  less than the salary of a district judge. Beginning July 1,
23    2002, the annual salary of each magistrate who is an attorney  shall  be  five
24    thousand dollars ($5,000) less than the salary of a district judge. 
25        (2)    Beginning  July  1,  1998,  t  T he following
26    schedule is adopted as the base annual salary  schedule  for  all  nonattorney
27    magistrates:
28                                    STATE OF IDAHO
29                     BASE ANNUAL SALARY SCHEDULE FOR NONATTORNEY
30                                     MAGISTRATES
31         Pay Class             Annual Case Dispositions      Annual Salary
32    Nonattorney Magistrate
33      Judge I                   more than 4,500 cases         $ 38,962  46,222 
34    Nonattorney Magistrate
35      Judge II                  3,000 to 4,500 cases            34,788  41,663 
36    Nonattorney Magistrate
37      Judge III                 1,750 to 3,000 cases            30,613  37,105 
38    Nonattorney Magistrate
39      Judge IV                  under 1,750 cases               25,047  31,027 
40     Commencing on July 1, 1997, the amount of the base annual salary for all
41    nonattorney  magistrates  shall  be  increased  by  four  percent  (4%) before
42    increasing the base annual salary by an additional sum of three thousand  five
43    hundred  dollars  ($3,500),  which  sum shall thereafter remain as a permanent


                                      2

 1    part of the annual salary base. 
 2        (3)  The administrative director of the courts shall certify annually  the
 3    case  dispositions of each nonattorney magistrate judge and designate the sal-
 4    ary classification for each nonattorney magistrate prior to the  beginning  of
 5    each fiscal year. Any increases or decreases in salary as a result of the pro-
 6    visions  of  this section shall become effective to coincide with the start of
 7    the fiscal year.
 8        (4)  Each nonattorney magistrate shall, separate and apart from the salary
 9    schedule established by subsection (1) of this section, receive an  additional
10    seven hundred fifty dollar ($750) longevity increment added to his base salary
11    for  each  complete  five (5) year period of service as a magistrate. No addi-
12    tional longevity increment shall be awarded after the twentieth year  of  ser-
13    vice.  For  purposes of this subsection, magistrates who entered state service
14    on January 11, 1971, shall receive credit for years of  service  as  a  police
15    court judge, city court judge, justice of the peace, or probate judge.
16        (5)  Each nonattorney magistrate shall, separate and apart from the salary
17    schedule established by subsection (2) of this section, and separate and apart
18    from  the  longevity  increment established by subsection (4) of this section,
19    receive an additional jurisdiction credit of thirty percent (30%) of his  base
20    salary upon being granted full statutory jurisdiction by the supreme court.
21        (6)  Regardless  of any other provision of this section, beginning July 1,
22    1997, no nonattorney magistrate shall receive an annual salary  of  more  than
23    fifty-five  thousand  two hundred seventy-six dollars ($55,276), and beginning
24    July 1, 1998, there shall be no maximum salary limitation on nonattorney  mag-
25    istrate salaries.
26        (7)  All   nonattorney  magistrates  are  full-time  state  officers,  are
27    required to be available on a twenty-four (24) hour basis  to  perform  duties
28    incident  to  their office such as the issuance of search and arrest warrants,
29    and are required to hold such office hours as  may  be  necessary  to  conduct
30    court business or as required by the supreme court.

31        SECTION  2.  That  Section  59-502, Idaho Code, be, and the same is hereby
32    amended to read as follows:

33        59-502.  SALARIES OF JUDGES. Commencing on July 1, 19 85  
34    98 ,  and until June 30, 1986,  the salary of the justices of
35    the supreme court shall be  fifty-four thousand seven hundred and seventy
36        ninety thousand seven hundred ninety-one  dollars ($
37    54,770  90,791 ) per annum, and the salary of the  judges  of
38    the district courts shall be  fifty-one thousand seven hundred and twenty
39        eighty-five  thousand ninety-five  dollars ($ 51,720
40     85,095 ) per annum.  Commencing on July  1,  1986,  the
41    salary  of  justices  of  the supreme court shall be fifty-nine thousand seven
42    hundred fifty dollars ($59,750) per annum, and the salary  of  judges  of  the
43    district  court  shall be fifty-six thousand dollars ($56,000) per annum; pro-
44    vided, however, that commencing on July 1, 1988, the salary of justices of the
45    supreme court and the salary  of  judges  of  the  district  courts  shall  be
46    increased by five percent (5%), and again commencing on July 1, 1989, the sal-
47    ary  of justices of the supreme court and the salary of judges of the district
48    courts shall be increased by five percent (5%), and again commencing  on  July
49    1,  1990, the salary of justices of the supreme court and the salary of judges
50    of the district courts shall be increased by eight  percent  (8%),  and  again
51    commencing  on  July  1, 1991, the salary of justices of the supreme court and
52    the salary of judges of the district courts shall be increased by five percent
53    (5%), and again commencing on July 1, 1993, the  salary  of  justices  of  the


                                      3

 1    supreme  court  and  the  salary  of  judges  of  the district courts shall be
 2    increased by six percent (6%), and again commencing on July 1, 1996, the  sal-
 3    ary  of justices of the supreme court and the salary of judges of the district
 4    courts shall be increased by five percent (5%), and again commencing  on  July
 5    1,  1997, the salary of justices of the supreme court and the salary of judges
 6    of the district courts shall be increased by four percent (4%).    Sala-
 7    ries of magistrates shall be as prescribed by chapter 22, title 1, Idaho Code.
 8    Salaries shall be paid on regular pay periods not less frequently than monthly
 9    as  determined by order of the supreme court as due out of the state treasury,
10    but no justice of the supreme court or judge of the district court  or  magis-
11    trate  shall  be  paid  his salary, or any part thereof, unless he shall first
12    take and subscribe an oath that there is not in his hands any matter  in  con-
13    troversy  not decided by him, which has been finally submitted for his consid-
14    eration and determination thirty (30) days prior to his taking and subscribing
15    said oath.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
                                     
    
                               RS 07798 C1
    
    If enacted, this bill will increase the annual salary of 
    justices and judges.
    
    Beginning July 1, 1998, the annual salary of all judges, 
    including attorney and nonattorney magistrates, will be increased by 
    five (5) percent. Also, beginning July 1, 1998, the annual salary of 
    attorney magistrate judges will be restructured over a five-year 
    period to an amount equal to $5,000 less than the annual salary of 
    district judges.
    
                              FIS CAL  NOTE
    
    The five (5) percent salary increase for all judges that 
    begins July 1, 1998, is estimated to cost $555,317 which is to be 
    paid from the state general fund.
    
    The fiscal impact of restructuring the annual salary of 
    attorney magistrate judges is estimated at $66,561 per year for 
    fiscal years 1999, 2000, 2001, 2002, and 2003, for a total of 
    $332,805. This sum will also be paid from the state general fund.
    
    Contact Person: Patricia Tobias 
    Administrative Director of the Courts 
    Idaho Supreme Court (208)334-2246
    
    
    Statement of Purpose/Fiscal Note
    
    H 675