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S1191................................................by JUDICIARY AND RULES
JUDICIAL SALARIES - Amends existing law to increase the base annual
salaries of nonattorney magistrates and the annual salaries of the justices
of the Supreme Court and judges of the district courts by four and one-half
percent.
03/01 Senate intro - 1st rdg - to printing
03/02 Rpt prt - to Jud
Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- Brandt
Floor Sponsor -- Darrington
Title apvd - to House
03/09 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 37-27-6
AYES -- Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow,
Cuddy, Deal, Denney, Eskridge, Field(13), Gagner, Gould, Hadley,
Hansen, Henbest(Farley), Hornbeck, Jaquet, Jones, Kellogg, Kunz,
Mader, Marley, Meyer, Mortensen, Moss, Pomeroy, Raybould, Ridinger,
Robison, Shepherd, Stone, Trail, Young, Mr. Speaker
NAYS -- Barraclough, Barrett, Bedke, Bell, Bieter, Bolz, Collins,
Ellis, Ellsworth, Field(20), Hammond, Harwood, Higgins, Kendell,
Lake, Langford, Loertscher, McKague, Montgomery, Moyle, Pearce,
Roberts, Schaefer, Smylie, Stevenson, Tilman, Wood
Absent and excused -- Bradford, Pischner, Sali, Sellman, Smith,
Wheeler
Floor Sponsor -- Moss
Title apvd - to Senate
03/28 To enrol
Rpt enrol - Pres signed
03/29 Sp signed - to Governor
04/03 Governor signed
Session Law Chapter 309
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1191
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SALARIES OF JUDGES; AMENDING SECTION 1-2222, IDAHO CODE, TO
3 INCREASE THE BASE ANNUAL SALARIES OF NONATTORNEY MAGISTRATES; AND AMENDING
4 SECTION 59-502, IDAHO CODE, TO INCREASE THE ANNUAL SALARIES OF JUSTICES OF
5 THE SUPREME COURT AND JUDGES OF THE DISTRICT COURTS AND TO MAKE A TECHNI-
6 CAL CORRECTION.
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%), and again commencing on July 1, 2001, the amount of the base annual
43 salary for all nonattorney magistrates shall be increased by four and one-half
2
1 percent (4 1/2%).
2 (3) The administrative director of the courts shall certify annually the
3 case dispositions of each nonattorney magistrate judge and designate the sal-
4 ary classification for each nonattorney magistrate prior to the beginning of
5 each fiscal year. Any increases or decreases in salary as a result of the pro-
6 visions of this section shall become effective to coincide with the start of
7 the fiscal year.
8 (4) Each nonattorney magistrate shall, separate and apart from the salary
9 schedule established by subsection (2) of this section, receive an additional
10 seven hundred fifty dollar ($750) longevity increment added to his base salary
11 for each complete five (5) year period of service as a magistrate. No addi-
12 tional longevity increment shall be awarded after the twentieth year of ser-
13 vice. For purposes of this subsection, magistrates who entered state service
14 on January 11, 1971, shall receive credit for years of service as a police
15 court judge, city court judge, justice of the peace, or probate judge.
16 (5) Each nonattorney magistrate shall, separate and apart from the salary
17 schedule established by subsection (2) of this section, and separate and apart
18 from the longevity increment established by subsection (4) of this section,
19 receive an additional jurisdiction credit of thirty percent (30%) of his base
20 salary upon being granted full statutory jurisdiction by the supreme court.
21 (6) Regardless of any other provision of this section, beginning July 1,
22 1997, no nonattorney magistrate shall receive an annual salary of more than
23 fifty-five thousand two hundred seventy-six dollars ($55,276), and beginning
24 July 1, 1998, there shall be no maximum salary limitation on nonattorney mag-
25 istrate salaries.
26 (7) All nonattorney magistrates are full-time state officers, are
27 required to be available on a twenty-four (24) hour basis to perform duties
28 incident to their office such as the issuance of search and arrest warrants,
29 and are required to hold such office hours as may be necessary to conduct
30 court business or as required by the supreme court.
31 SECTION 2. That Section 59-502, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 59-502. SALARIES OF JUDGES. Commencing on July 1, 1998, the salary of the
34 justices of the supreme court shall be ninety thousand seven hundred ninety-
35 one dollars ($90,791) per annum, and the salary of the judges of the district
36 courts shall be eighty-five thousand ninety-five dollars ($85,095) per annum.
37 Commencing on July 1, 1999, the annual salaries of the justices of the supreme
38 court and the annual salaries of judges of the district courts shall be
39 increased by four percent (4%), and again commencing on July 1, 2000, the
40 annual salary of the justices of the supreme court and the annual salaries of
41 judges of the district courts shall be increased by three and one-half percent
42 (3 1/2%), and again commencing on July 1, 2001, the annual salary of the jus-
43 tices of the supreme court and the annual salaries of judges of the district
44 courts shall be increased by four and one-half percent (4 1/2%). Salaries of
45 magistrates shall be as prescribed by chapter 22, title 1, Idaho Code. Sala-
46 ries shall be paid on regular pay periods not less frequently than monthly as
47 determined by order of the supreme court as due out of the state treasury,
48 but no justice of the supreme court or judge of the district court or magis-
49 trate shall be paid his salary, or any part thereof, unless he shall first
50 take and subscribe an oath that there is not in his hands any matter in con-
51 troversy not decided by him, which has been finally submitted for his consid-
52 eration and determination thirty (30) days prior to his taking and subscribing
53 said oath.
STATEMENT OF PURPOSE
RS 11212
If enacted, this bill will increase the annual salary of justices
and judges, including attorney and nonattorney magistrates, by four
and one-half percent (4.5%) beginning July 1, 2001.
FISCAL IMPACT
The four and one-half percent (4.5%) salary increase for justices
and judges that begins on July 1, 2001, will cost $598,868, which is
to be paid from the General Fund.
Presently, there are no nonattorney magistrate judges actively
serving in the state of Idaho. 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:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2256
STATEMENT OF PURPOSE/FISCAL NOTE S 1191