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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
H0675|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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, tThe annual sal- 13 ary of each magistrate who is an attorney shall beninety percent (90%)14ofseven 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, tThe 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 $38,96246,222 34 Nonattorney Magistrate 35 Judge II 3,000 to 4,500 cases34,78841,663 36 Nonattorney Magistrate 37 Judge III 1,750 to 3,000 cases30,61337,105 38 Nonattorney Magistrate 39 Judge IV under 1,750 cases25,04731,027 40Commencing on July 1, 1997, the amount of the base annual salary for all41nonattorney magistrates shall be increased by four percent (4%) before42increasing the base annual salary by an additional sum of three thousand five43hundred dollars ($3,500), which sum shall thereafter remain as a permanent2 1part 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, 198534 98 ,and until June 30, 1986,the salary of the justices of 35 the supreme court shall befifty-four thousand seven hundred and seventy36ninety thousand seven hundred ninety-one dollars ($3754,77090,791 ) per annum, and the salary of the judges of 38 the district courts shall befifty-one thousand seven hundred and twenty39eighty-five thousand ninety-five dollars ($51,7204085,095 ) per annum.Commencing on July 1, 1986, the41salary of justices of the supreme court shall be fifty-nine thousand seven42hundred fifty dollars ($59,750) per annum, and the salary of judges of the43district court shall be fifty-six thousand dollars ($56,000) per annum; pro-44vided, however, that commencing on July 1, 1988, the salary of justices of the45supreme court and the salary of judges of the district courts shall be46increased by five percent (5%), and again commencing on July 1, 1989, the sal-47ary of justices of the supreme court and the salary of judges of the district48courts shall be increased by five percent (5%), and again commencing on July491, 1990, the salary of justices of the supreme court and the salary of judges50of the district courts shall be increased by eight percent (8%), and again51commencing on July 1, 1991, the salary of justices of the supreme court and52the salary of judges of the district courts shall be increased by five percent53(5%), and again commencing on July 1, 1993, the salary of justices of the3 1supreme court and the salary of judges of the district courts shall be2increased by six percent (6%), and again commencing on July 1, 1996, the sal-3ary of justices of the supreme court and the salary of judges of the district4courts shall be increased by five percent (5%), and again commencing on July51, 1997, the salary of justices of the supreme court and the salary of judges6of 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
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