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S1008................................................by JUDICIARY AND RULES
JUDGES - Amends existing law to allow a retired district judge to sit with
the court of appeals on a case that originated in his judicial district.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Frasure
Floor Sponsor - Davis
Title apvd - to House
02/12 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 60-1-9
AYES -- Alltus, Barrett, Bell, Boe, Bruneel, Callister, Campbell,
Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck,
Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer(Duncan), Montgomery,
Mortensen, Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Zimmermann
NAYS -- Wood
Absent and excused -- Barraclough, Bieter, Black, Crow, Geddes,
Gould, Limbaugh, Pischner, Mr Speaker
Floor Sponsor - Hornbeck
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 148
Effective: 07/01/99
S1008|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1008 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO COURT OF APPEALS; AMENDING SECTION 1-2405, IDAHO CODE, 3 TO ALLOW A RETIRED DISTRICT JUDGE TO SIT WITH THE COURT OF APPEALS ON A 4 CASE THAT ORIGINATED IN HIS JUDICIAL DISTRICT, TO PROVIDE CORRECT NOMEN- 5 CLATURE AND TO MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 1-2405, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 1-2405. INTERIM AND SUPPLEMENTAL MEMBERSHIP OF COURT OF APPEALS. (1) Com- 10 mencing July 1, 1981, until funds have been appropriated for, and the governor 11 has filled by appointment, three (3) positions on the Idaho court of appeals, 12 and continuing thereafter as needed, the supreme court may provide for the 13 assignment of active or retired district judges, retired justices of the 14 supreme court and retiredjusticesjudges of the 15 court of appeals to serve on a panel of the court of appeals. Assignments may 16 be made for a time certain, for a term of court, or specifically for one 17 (1) or more cases on the docket of the court of appeals. 18 (2) An active or retired district judge may not be assigned to hear cases 19 in which he participated while serving on the district court, norto20may an active district judge hear cases which originated 21 in his judicial district. 22 (3) Active district judges serving on the court of appeals shall be enti- 23 tled to no additional compensation, but shall be reimbursed for expenses, as 24 provided by section 1-711, Idaho Code. Compensation for retired justices or 25 judges serving on the court of appeals shall be paid in the same manner pro- 26 vided for such temporary service on the supreme court.
STATEMENT OF PURPOSE
RS 08536C1
This bill is one of a series of bills that the Supreme
Court has recommended in its annual report to the Governor
under Art. 5, Sec. 25 of the Idaho Constitution.
Idaho Code 1-2405 presently provides that a retired
district judge may not be assigned by the Supreme Court to sit
with the Court of Appeals on a case that arose in the same
judicial district that the retired district judge served in
prior to retirement.
This limitation prevents well qualified retired district
judges who do not have a personal knowledge of a case from
serving as a cost effective resource to assist the Court of
Appeals in meeting its heavy and ever-increasing caseload.
This bill removes this limitation to give the Supreme
Court more flexibility and cost cutting ability in assigning
much needed retired district judges to assist the Court of
Appeals.
FISCAL NOTE
This bill will not cause an added expense to state or
local funds and it is anticipated that it will save travel and
lodging costs in assigning pro tem judges to the Court of
Appeals.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S1008