2001 Legislation
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SENATE BILL NO. 1010 – Jury selection, terminology


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Daily Data Tracking History

S1010................................................by JUDICIARY AND RULES
JURY SELECTION - Amends existing law relating to jury selection to provide
correct terminology.
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 30-0-4(1 vacant)
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lodge, Noh, Richardson, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      NAYS -- None
      Absent and excused -- Branch, Darrington, Lee, Risch
      Vacant - Dist. #4
    Floor Sponsor - Lodge
    Title apvd - to House
02/05    House intro - 1st rdg - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 62-0-8
      AYES -- Barraclough, Barrett, Bedke, Bieter, Bolz, Bradford, Bruneel,
      Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bell, Black, Boe, Gould, Mader, Marley, Smith,
    Floor Sponsor -- Roberts
    Title apvd - to Senate
02/19    To enrol
02/20    Rpt enrol - Pres signed
02/21    Sp signed
02/22    To Governor
02/27    Governor signed
         Session Law Chapter 28
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1010
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION 1.  That Section 2-204, Idaho Code, be, and  the  same  is  hereby
  6    amended to read as follows:
  7        2-204.  DEFINITIONS. As used in this act:
  8        (1)  "Court" means district and magistrate courts of this state, including
  9    the  magistrates  division, and includes, when the context requires, any judge
 10    of the court;
 11        (2)  "Clerk" and "clerk of the court" mean the  duly  elected  and  acting
 12    county  auditors clerk of the district court and ex officio clerks of the dis-
 13    trict court auditor and recorder and their duly appointed deputies;
 14        (3)  "Master list" means the voter registration lists for the county which
 15    shall be supplemented with names from other  sources  prescribed  pursuant  to
 16    this act (section 2-206, Idaho Code) in order to foster the policy and protect
 17    the rights secured by this act (sections 2-202, and 2-203, Idaho Code);
 18        (4)  "Voter  registration  lists" means the most current official records,
 19    maintained by the county clerk, of persons registered to vote in any national,
 20    state, county, or municipal election;
 21        (5)  "Jury wheel" means any physical device or electronic system  for  the
 22    storage of the names or identifying numbers of prospective jurors;
 23        (6)  "Master jury wheel" means the jury wheel in which are placed names or
 24    identifying  numbers of prospective jurors taken from the master list (section
 25    2-207, Idaho Code);
 26        (7)  "Qualified jury wheel" means the jury wheel in which are  placed  the
 27    names  or  identifying  numbers of prospective jurors whose names are drawn at
 28    random from the master jury wheel (section 2-208, Idaho Code) and who are  not
 29    disqualified (section 2-209, Idaho Code).

Statement of Purpose / Fiscal Impact

                         STATEMENT OF PURPOSE


This bill is one of a series of bills that the Supreme Court has
recommended in its annual report of "defects in the laws" to the
Governor as required under article V, section 25 of the Idaho

This bill amends the definition of "court" found in section 2-
204 (1) Idaho Code, to clarify that the magistrates division of the
district court is not a separate court. Idaho Code  2-204(1)
presently defines "court" in such a way as may mislead a person to
believe that the magistrates division of the district court is a
separate judicial entity.

Also, the present definition of "clerk of the court" in I.C. 
2-204(2) is incomplete and conflicts with the state Constitution.
Under Article XVIII, Section 6 of the Idaho Constitution, the clerk
of the district court is :he ex-officio auditor and recorder. This
bill also amends I.C.  2-204(2) to reflect this definition of the

                              FISCAL NOTE

This bill will not have an impact on state or local funds.

Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246

STATEMENT OF PURPOSE/FISCAL NOTE                             S 101