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HOUSE BILL NO. 764

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Daily Data Tracking History

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H0764..........................................................by EDUCATION
JUDGES - APPOINTMENT - Amends existing law to provide that the governor may
appoint one of the persons whose names are submitted to him by the Judicial
Council for a vacancy in the office of justice of the Supreme Court, judge
of the Court of Appeals or district judge and if the governor does not
appoint one of the names submitted by the panel, additional names shall be
submitted until the governor makes an appointment.

02/24    House intro - 1st rdg - to printing
02/25    Rpt prt - to Jud

Bill Text

H0764


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 764

                                  BY EDUCATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE JUDICIAL COUNCIL; AMENDING SECTION 1-2102, IDAHO CODE, TO PRO-
 3        VIDE THAT THE GOVERNOR MAY APPOINT ONE OF THE PERSONS WHOSE NAMES ARE SUB-
 4        MITTED TO HIM BY THE JUDICIAL COUNCIL TO FILL A VACANCY IN THE  OFFICE  OF
 5        JUSTICE  OF  THE  SUPREME COURT, JUDGE OF THE COURT OF APPEALS OR DISTRICT
 6        JUDGE, TO PROVIDE THAT IF THE GOVERNOR DOES NOT MAKE AN APPOINTMENT,   THE
 7        COUNCIL SHALL SUBMIT ADDITIONAL NAMES UNTIL THE GOVERNOR MAKES AN APPOINT-
 8        MENT,  TO  PROVIDE THAT THE GOVERNOR MAY NOT APPOINT A PERSON OTHER THAN A
 9        PERSON SUBMITTED BY THE COUNCIL AND TO MAKE TECHNICAL CORRECTIONS.

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

11        SECTION 1.  That Section 1-2102, Idaho Code, be, and the  same  is  hereby
12    amended to read as follows:

13        1-2102.  DUTIES OF COUNCIL. The judicial council shall:
14        (1)  Conduct studies for the improvement of the administration of justice;
15        (2)  Make  reports  to  the    S    s upreme  C
16     c ourt and legislature at intervals of not more than two (2)
17    years;
18        (3)  Submit to the governor the names of not less than two  (2)  nor  more
19    than  four  (4) qualified persons for each vacancy in the office of justice of
20    the  S  s upreme  C  c ourt, judge
21    of the court of appeals, or district judge, one (1) of whom  shall 
22     may  be appointed by the governor;  provided,    that  
23     however, that in the event  the governor does not appoint one (1) of the
24    qualified  persons  submitted  by  the council, the council shall submit addi-
25    tional names of qualified persons until the governor makes an appointment. The
26    governor may not appoint a person other than a person submitted by  the  coun-
27    cil.  T    t  he council shall submit only the names of those
28    qualified persons who are eligible to stand for election pursuant  to  section
29    1-2404, 34-615 ,  or 34-616, Idaho Code;
30        (4)  Recommend  the  removal,  discipline and retirement of judicial offi-
31    cers, including magistrates; and
32        (5)  Such other duties as may be assigned by law.

Statement of Purpose / Fiscal Impact

    





                          STATEMENT OF PURPOSE
    
                               RS 07528C2
    
     To allow the governor more discretion when appointing judges.
    
                              FISCAL NOTE
    
    No fiscal impact
    
    CONTACT: Representative David Callister
             208-332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 764