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HJR007...............................by JUDICIARY, RULES AND ADMINISTRATION
JUSTICES - JUDGES - Proposing an amendment to the Constitution of the State
of Idaho relating to the judicial branch of government 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 who 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,
district court judge or to provide that the governor shall select from the
nominees and 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 judges to be held at the time of the primary election.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/04 3rd rdg - FAILED - 29-41-0
AYES -- Bell, Bieter, Bivens, Black(15), Boe, Bruneel, Chase, Clark,
Cuddy, Deal, Field(13), Geddes, Gould, Hansen, Jaquet, Jones(9),
Judd, Kellogg, Kjellander, Meyer, Miller, Newcomb, Pischner,
Reynolds, Robison, Stone, Tippets, Trail, Watson
NAYS -- Alltus, Barraclough, Barrett, Black(23), Callister, Campbell,
Crane, Crow, Denney, Ellsworth, Field(20), Gagner, Hadley, Henbest,
Hornbeck, Jones(22), Jones(20), Kempton, Kendell, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Mortensen, Pomeroy,
Richman, Ridinger, Sali, Schaefer, Stevenson, Stoicheff, Stubbs,
Taylor, Tilman, Wheeler, Wood, Zimmermann, Mr Speaker
Absent and excused -- None
Floor Sponsor - Gould
Filed with the Chief Clerk
HJR007|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 7 BY JUDICIARY, RULES AND ADMINISTRATION 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 WHO 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 SUPREME COURT JUSTICE, JUDGE OF THE COURT OF APPEALS, OR 13 A DISTRICT JUDGE, TO PROVIDE THAT THE GOVERNOR SHALL SELECT FROM THE NOMI- 14 NEES AND TO PROVIDE THAT IF THE GOVERNOR FAILS TO APPOINT ANY OF THE NOMI- 15 NEES WITHIN SIXTY CALENDAR DAYS AFTER THE LIST OF NOMINEES IS SUBMITTED, 16 THE JUDICIAL COUNCIL SHALL APPOINT ONE OF THE NOMINEES TO FILL THE VACANCY 17 AND TO PROVIDE A RETENTION ELECTION AT THE PRIMARY ELECTION FOR JUSTICES 18 OF THE SUPREME COURT, A JUDGE OF THE COURT OF APPEALS OR A DISTRICT COURT 19 JUDGE; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING 20 THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND 21 DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS 22 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 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 28 OF THE COURT OF APPEALS . The Supreme Court shall consist of 29 five justices, a majority of whom shall be necessary to make a quorum 30 or pronounce a decision. If a justice of the Supreme Court shall be 31 disqualified from sitting in a cause before said court, or be unable 32 to sit therein, by reason of illness or absence, the said court may 33 call a district judge to sit in said court on the hearing of such 34 cause. 35 The justices of the Supreme Court shall be s elected 36by the electors of the state at largeand 37 retained as provided by section 22, article V . The terms of 38 office of the justices of the Supreme Court, except as in this arti- 39 cle otherwise provided, shall be six years. 40The justices of the Supreme Court shall, immediately after41the first election under this constitution, be selected by lot, so42that one shall hold his office for the term of two years, one for the43term of four years, and one for the term of six years. The lots shall2 1be drawn by the justices of the Supreme Court, who shall, for that2purpose, assemble at the seat of government, and they shall cause the3result thereof to be certified to by the secretary of state and filed4in his office.5 The chief justice shall be selected from among the justices of 6 the Supreme Court by a majority vote of the justices. His term of 7 office shall be four years. When a vacancy in the office of chief 8 justice occurs, a chief justice shall be selected for a full four 9 year term. The chief justice shall be the executive head of the judi- 10 cial system. 11 The judges of the Court of Appeals shall be selected and 12 retained as provided by section 22, article V. The terms of office of 13 the judges of the Court of Appeals shall be as provided by law. 14 15 SECTION 11. DISTRICT COURTS -- JUDGES AND TERMS. The state 16 shall be divided intofive (5)judicial districts 17 as provided by law , for each of whicha18 judge s shall bechosen by the qualified electors19thereofselected and retained as provided by section 22, 20 article V , whose term of office shall be four(4)21 years. And there shall be held a district court in each county, at 22 least twice in each year, to continue for such time in each county as 23 may be prescribed by law. But the legislature may reduce or increase 24 the number of districts,and district 25 judges .and district attorneys.This sec- 26 tion shall not be construed to prevent the holding of special terms 27 under such regulations as may be provided by law. 28 SECTION 12. RESIDENCE OF JUDGES -- HOLDING COURT OUT OF DIS- 29 TRICT -- SERVICE BY RETIRED JUSTICES AND JUDGES. Every judge of the 30 district court shall reside in the district for which he is s 31 elected. A judge of any district court, or any retired justice 32 of the Supreme Court or any retired district judge, may hold a dis- 33 trict court in any county at the request ofthea 34 judge of the district court thereof, and upon the request of 35 the governor, or of the chief justice, and when any such request is 36 made or approved by the chief justice it shall be his duty to do so; 37 but a cause in the district court may be tried by a judge pro tem- 38 pore, who must be a member of the bar, agreed upon in writing by the 39 parties litigant, or their attorneys of record, and sworn to try the 40 cause. Any retired justice or district judge may sit with the Supreme 41 Court and exercise the authority of a member thereof in any cause in 42 which he is requested by that court so to do, and when requested by 43 the chief justice shall perform such other duties pertaining to the 44 judicial department of government as directed. Compensation for such 45 service shall be as provided by the legislature. 46 SECTION 23. QUALIFICATIONS OF DISTRICT JUDGES. No person shall 47 be eligible to the office of district judge unless he be learned in 48 the law, thirty(30)years of age, and a citizen of the 49 United States, and shall have resided in the stateor territory50at least two(2)years next preceding his s 51 election, nor unless he shall have been at the time of52his s election, an elector in the judicial district for3 1which he is elected. 2 SECTION 2. That Article V, of the Constitution of the State of Idaho, be, 3 and the same is hereby amended by the addition of a NEW SECTION , 4 to be known and designated as Section 22, Article V, of the Constitution of 5 the State of Idaho and to read as follows: 6 SECTION 22. NONPARTISAN SELECTION OF JUDGES -- JUDICIAL COUNCIL 7 CREATED -- APPOINTMENTS TO FILL VACANCIES -- RETENTION ELECTION. 8 There is hereby created the nonpartisan judicial council with such 9 powers, duties and membership as provided by law. For each vacancy in 10 the office of justice of the Supreme Court, judge of the Court of 11 Appeals, or a district judge, the judicial council shall submit to 12 the governor the names of not less than two nor more than four quali- 13 fied persons to fill each vacancy, one of whom shall be appointed by 14 the governor. If the governor fails to appoint any of the nominees 15 within sixty calendar days after the list of nominees is submitted, 16 the judicial council shall appoint one of the nominees to fill the 17 vacancy. If a justice of the Supreme Court, a judge of the Court of 18 Appeals or a district judge wishes to succeed himself or herself, the 19 justice or judge shall file in the office of the secretary of state a 20 declaration of candidacy for election to succeed himself or herself 21 not less than sixty days prior to the holding of a primary election. 22 If a declaration is not so filed by any justice or judge, the vacancy 23 resulting from expiration of the term of office shall be filled by 24 the judicial council as provided in this section. If the declaration 25 is filed, the name shall be submitted at the next primary election to 26 the voters eligible to vote within the state if the office is that of 27 justice of the Supreme Court or judge of the Court of Appeals or 28 within the judicial district if the office is that of district judge, 29 without party designation reading: "Shall (Justice or Judge as the 30 case may be)..........................................(Here the name 31 of the justice shall be inserted.............of the 32 .................(Here the title of the court shall be 33 inserted).................. be retained in office? Yes..... No...... 34 Mark an "X" in the box you prefer.)" 35 If a majority of those voting on the question vote against retaining him 36 or her, upon the expiration of the term of office, a vacancy shall exist 37 which shall be filled by appointment as provided in this section, otherwise 38 the justice or judge shall, unless removed for cause, remain in office for the 39 number of years after December thirty-first following such election as is pro- 40 vided for the full term of the office, and at the expiration of the term shall 41 be eligible for retention in office by election in the manner here prescribed. 42 The legislature may enact statutes to implement the provisions of this sec- 43 tion. 44 SECTION 3. The question to be submitted to the electors of the State of 45 Idaho at the next general election shall be as follows: 46 "Shall Sections 6, 11, 12 and 23, Article V, of the Constitution of the 47 State of Idaho, relating to the judicial branch of government, be amended to 48 provide for the selection of Supreme Court justices, judges of the Court of 49 Appeals and district court judges as provided by Section 22, Article V, of the 50 Constitution of the State of Idaho, to delete a residency requirement for dis- 51 trict judges, and shall a new Section 22, Article V, be added to the Consti- 52 tution of the State of Idaho to create a nonpartisan judicial council who 4 1 shall submit to the governor the names of not less than two nor more than four 2 qualified persons to fill vacancies in the office of Supreme Court justice, 3 judge of the Court of Appeals or a district court judge, to provide that the 4 governor shall select from the nominees and to provide that if the governor 5 fails to appoint any of the nominees within sixty calendar days after the list 6 of nominees is submitted, the judicial council shall appoint one of the nomi- 7 nees to fill the vacancy and to provide a retention election at the primary 8 election for justices of the Supreme Court, a judge of the Court of Appeals or 9 a district court judge?". 10 SECTION 4. The Legislative Council is directed to prepare the statements 11 required by Section 67-453, Idaho Code, and file the same. 12 SECTION 5. The Secretary of State is hereby directed to publish this pro- 13 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS07963C1
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 NOTE
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 Person:
Representative Celia Gould
Idaho State Legislature
(208) 332-1127
Statement of Purpose/Fiscal
Note
HJR7