1999 Legislation
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HOUSE BILL NO. 349 – Judges, magistrates, salary

HOUSE BILL NO. 349

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Daily Data Tracking History



H0349.....................................................by WAYS AND MEANS
JUDGES/MAGISTRATES - Amends existing law to provide for a salary increase
of four percent for nonattorney magistrates, Supreme Court justices and
district court judges.

03/08    House intro - 1st rdg - to printing
03/09    Rpt prt - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 54-10-6
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kunz, Limbaugh, Linford, Loertscher, Mader, Marley, Montgomery,
      Mortensen, Pomeroy, Reynolds, Ridinger, Ringo, Sali, Schaefer, Smith,
      Smylie, Stevenson, Stone, Taylor, Tilman, Tippets, Trail, Watson,
      Wheeler, Williams
      NAYS -- Barrett, Hadley, Kendell, Lake, McKague, Moyle, Robison,
      Stoicheff, Wood, Zimmermann
      Absent and excused -- Ellsworth, Hammond, Meyer, Pischner, Sellman,
      Mr Speaker
    Floor Sponsor - Gould
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Jud
    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry
    Floor Sponsor - Darrington
    Title apvd - to House
03/18    To enrol
03/19    Rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 250
         Effective: 07/01/99

Bill Text


H0349


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 349

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE SALARIES OF JUSTICES, JUDGES, AND MAGISTRATES;  AMENDING  SEC-
 3        TION 1-2222, IDAHO CODE, TO INCREASE THE BASE ANNUAL SALARY OF NONATTORNEY
 4        MAGISTRATES  AND  TO  MAKE  A  TECHNICAL  CORRECTION; AND AMENDING SECTION
 5        59-502, IDAHO CODE, TO INCREASE THE ANNUAL SALARIES OF JUSTICES  AND  DIS-
 6        TRICT 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, the annual salary of each  magistrate  who
13    is  an  attorney  shall be seven thousand eight hundred eight dollars ($7,808)
14    less than the annual salary of a district judge. Beginning on  July  1,  1999,
15    the  annual  salary of each magistrate who is an attorney shall be seven thou-
16    sand one hundred six dollars ($7,106) less  than  the  salary  of  a  district
17    judge.  Beginning on July 1, 2000, the annual salary of each magistrate who is
18    an attorney shall be six thousand four hundred four dollars ($6,404) less than
19    the salary of a district judge. Beginning on July 1, 2001, the  annual  salary
20    of each magistrate who is an attorney shall be five thousand seven hundred two
21    dollars  ($5,702)  less than the salary of a district judge. Beginning July 1,
22    2002, the annual salary of each magistrate who is an attorney  shall  be  five
23    thousand dollars ($5,000) less than the salary of a district judge.
24        (2)  Beginning July 1, 1998, the following schedule is adopted as the base
25    annual salary schedule for all nonattorney magistrates:
26                                    STATE OF IDAHO
27                     BASE ANNUAL SALARY SCHEDULE FOR NONATTORNEY
28                                     MAGISTRATES
29         Pay Class             Annual Case Dispositions      Annual Salary
30    Nonattorney Magistrate
31      Judge I                   more than 4,500 cases         $46,222
32    Nonattorney Magistrate
33      Judge II                  3,000 to 4,500 cases           41,663
34    Nonattorney Magistrate
35      Judge III                 1,750 to 3,000 cases           37,105
36    Nonattorney Magistrate
37      Judge IV                  under 1,750 cases              31,027
38     Commencing on July 1, 1999, the amount of the base annual salary for all
39    nonattorney magistrates shall be increase by four percent (4%). 
40        (3)  The  administrative director of the courts shall certify annually the
41    case dispositions of each nonattorney magistrate judge and designate the  sal-
42    ary  classification  for each nonattorney magistrate prior to the beginning of
43    each fiscal year. Any increases or decreases in salary as a result of the pro-


                                      2

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

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

29        59-502.  SALARIES OF JUDGES. Commencing on July 1, 1998, the salary of the
30    justices  of  the supreme court shall be ninety thousand seven hundred ninety-
31    one dollars ($90,791) per annum, and the salary of the judges of the  district
32    courts  shall be eighty-five thousand ninety-five dollars ($85,095) per annum.
33     Commencing on July 1, 1999, the annual salaries of the justices  of  the
34    supreme  court  and the annual salaries of judges of the district courts shall
35    be increased by four percent (4%).  Salaries of magistrates shall be  as
36    prescribed by chapter 22, title 1, Idaho Code. Salaries shall be paid on regu-
37    lar pay periods not less frequently than monthly as determined by order of the
38    supreme  court as due out of the state treasury, but no justice of the supreme
39    court or judge of the district court or magistrate shall be paid  his  salary,
40    or  any  part  thereof,  unless he shall first take and subscribe an oath that
41    there is not in his hands any matter in controversy not decided by him,  which
42    has been finally submitted for his consideration and determination thirty (30)
43    days prior to his taking and subscribing said oath.

Statement of Purpose / Fiscal Impact


                                                                                            STATEMENT OF PURPOSE
                                                                                                    RS09189
                                                                  If enacted, this bill will increase the annual salary of
                                                                  justices and judges, including attorney and nonattorney
                                                                  magistrates, by four (4) percent beginning July 1, 1999.






                                                                                                  FISCAL NOTE

                                                                  The four (4) percent salary increase for justices and judges
                                                                  that begins July 1, 1999, is estimated to cost $506,500 which
                                                                  is to be paid from the state general fund.
                                                                  
                                                                  Presently, there are no active status nonattorney magistrate
                                                                  judges serving in the state of Idaho to impact the general
                                                                  fund. However, the annual salary of this category of judge    must keep pace with salary increments granted to other
                                                                  categories of judges in order to adequately compensate retired
                                                                  nonattorney magistrate judges who are appointed to serve on a
                                                                  temporary basis under Section 1-2221, Idaho Code.






CONTACT: Rep. Celia R. Gould
        (208) 332-1000

STATEMENT OF PURPOSE/ FISCAL NOTE            Bill No.     H 349