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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 IN 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 retired justicesjudges 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, nor to20 may 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