2000 Legislation
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HOUSE BILL NO. 761 – Judges/justices, salaries

HOUSE BILL NO. 761

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Daily Data Tracking History



H0761.....................................................by WAYS AND MEANS
JUDGES - JUSTICES - SALARIES - Amends existing law to provide for an
increase in the annual salary of justices and judges.
                                                                        
03/20    House intro - 1st rdg - to printing
03/21    Rpt prt - to Jud
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 61-6-3
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer,
      Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
      Zimmermann, Mr Speaker
      NAYS -- Barrett, McKague, Pearce, Stoicheff, Taylor, Wood
      Absent and excused -- Moyle, Sali, Sellman
    Floor Sponsors - Gould, Moss
    Title apvd - to Senate
03/28    Senate intro - 1st rdg - to Jud
03/29    Rpt out - rec d/p - to 2nd rdg
03/30    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 29-0-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Frasure, Hawkins, Ingram,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Whitworth
      NAYS--None
      Absent and excused--Dunklin, Geddes, Ipsen, Stennett, Wheeler,
      Williams
    Floor Sponsor - Darrington
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 386
         Effective: 07/01/00

Bill Text


 H0761
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 761
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALARIES OF JUSTICES, JUDGES AND MAGISTRATES; AMENDING SECTION
  3        1-2222, IDAHO CODE, TO INCREASE THE BASE ANNUAL SALARY OF NONATTORNEY MAG-
  4        ISTRATES AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION  59-502,
  5        IDAHO  CODE,  TO  INCREASE  THE  ANNUAL  SALARIES OF JUSTICES AND DISTRICT
  6        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  non-
 39    attorney  magistrates  shall be increased by four percent (4%), and again com-
 40    mencing on July 1, 2000, the amount of the base annual  salary  for  all  non-
 41    attorney  magistrates  shall  be  increased  by  three  and  one-half  percent
 42    (3 1/2%).
 43        (3)  The  administrative director of the courts shall certify annually the
                                                                        
                                       2
                                                                        
  1    case dispositions of each nonattorney magistrate judge and designate the  sal-
  2    ary  classification  for each nonattorney magistrate prior to the beginning of
  3    each fiscal year. Any increases or decreases in salary as a result of the pro-
  4    visions of this section shall become effective to coincide with the  start  of
  5    the fiscal year.
  6        (4)  Each nonattorney magistrate shall, separate and apart from the salary
  7    schedule  established by subsection (2) of this section, receive an additional
  8    seven hundred fifty dollar ($750) longevity increment added to his base salary
  9    for each complete five (5) year period of service as a  magistrate.  No  addi-
 10    tional  longevity  increment shall be awarded after the twentieth year of ser-
 11    vice. For purposes of this subsection, magistrates who entered  state  service
 12    on  January  11,  1971,  shall receive credit for years of service as a police
 13    court judge, city court judge, justice of the peace, or probate judge.
 14        (5)  Each nonattorney magistrate shall, separate and apart from the salary
 15    schedule established by subsection (2) of this section, and separate and apart
 16    from the longevity increment established by subsection (4)  of  this  section,
 17    receive  an additional jurisdiction credit of thirty percent (30%) of his base
 18    salary upon being granted full statutory jurisdiction by the supreme court.
 19        (6)  Regardless of any other provision of this section, beginning July  1,
 20    1997,  no  nonattorney  magistrate shall receive an annual salary of more than
 21    fifty-five thousand two hundred seventy-six dollars ($55,276),  and  beginning
 22    July  1, 1998, there shall be no maximum salary limitation on nonattorney mag-
 23    istrate salaries.
 24        (7)  All  nonattorney  magistrates  are  full-time  state  officers,   are
 25    required  to  be  available on a twenty-four (24) hour basis to perform duties
 26    incident to their office such as the issuance of search and  arrest  warrants,
 27    and  are  required  to  hold  such office hours as may be necessary to conduct
 28    court business or as required by the supreme court.
                                                                        
 29        SECTION 2.  That Section 59-502, Idaho Code, be, and the  same  is  hereby
 30    amended to read as follows:
                                                                        
 31        59-502.  SALARIES OF JUDGES. Commencing on July 1, 1998, the salary of the
 32    justices  of  the supreme court shall be ninety thousand seven hundred ninety-
 33    one dollars ($90,791) per annum, and the salary of the judges of the  district
 34    courts  shall be eighty-five thousand ninety-five dollars ($85,095) per annum.
 35    Commencing on July 1, 1999, the annual salaries of the justices of the supreme
 36    court and the annual salaries of  judges  of  the  district  courts  shall  be
 37    increased  by  four  percent  (4%),  and again commencing on July 1, 2000, the
 38    annual salary of the justices of the supreme court and the annual salaries  of
 39    judges of the district courts shall be increased by three and one-half percent
 40    (3 1/2).  Salaries  of magistrates shall be as prescribed by chapter 22, title
 41    1, Idaho Code. Salaries shall be paid on regular pay  periods  not  less  fre-
 42    quently than monthly as determined by order of the supreme court as due out of
 43    the  state  treasury, but no justice of the supreme court or judge of the dis-
 44    trict court or magistrate shall be paid  his  salary,  or  any  part  thereof,
 45    unless  he  shall  first  take  and subscribe an oath that there is not in his
 46    hands any matter in controversy not decided by him,  which  has  been  finally
 47    submitted  for  his  consideration and determination thirty (30) days prior to
 48    his taking and subscribing said oath.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                      RS 10305 
     
     If enacted, this bill will increase the annual salary of justices and judges, including
     attorney and nonattorney magistrates, by three and one-half percent (3-1/2%)
     beginning July 1, 2000. 
     
     
     
                    FISCAL IMPACT 
     
     The three and one-half percent (3-1/2%) salary increase for justices and judges
     that begins July 1, 2000, is estimated to cost $458,000 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 
     Name: Rep. Celia R. Gould
     Phone: 208-332-1000 
     
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                   H 761