2002 Legislation
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HOUSE BILL NO. 499 – Atty magistrate, supreme/appeals ct

HOUSE BILL NO. 499

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Daily Data Tracking History



H0499................................by JUDICIARY, RULES AND ADMINISTRATION
ATTORNEY MAGISTRATE JUDGES - Amends existing law to provide for the
assignment of certain attorney magistrates to temporary service on the
Supreme Court; to provide for the assignment of active and senior attorney
magistrate judges to certain Court of Appeals panels; to provide
restrictions; and to provide for reimbursement of expenses and
compensation.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 65-0-5
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Cuddy, Deal, Denney, Ellis, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
      Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Crow, Ellsworth, Jones, Ridinger, Mr. Speaker
    Floor Sponsor - Hammond
    Title apvd - to Senate
02/12    Senate intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
      Sorensen, Stegner, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Ipsen, Stennett
    Floor Sponsor - Richardson
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
    Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 95
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 499
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CERTAIN JUDICIAL ASSIGNMENTS TO THE SUPREME  COURT  AND  COURT  OF
  3        APPEALS;  AMENDING  SECTION 1-2210, IDAHO CODE, TO PROVIDE FOR THE ASSIGN-
  4        MENT OF CERTAIN ATTORNEY MAGISTRATES TO TEMPORARY SERVICE ON  THE  SUPREME
  5        COURT; AND AMENDING SECTION 1-2405, IDAHO CODE, TO PROVIDE FOR THE ASSIGN-
  6        MENT  OF  ACTIVE AND SENIOR ATTORNEY MAGISTRATE JUDGES TO CERTAIN COURT OF
  7        APPEALS PANELS, TO PROVIDE CERTAIN RESTRICTIONS, TO PROVIDE FOR REIMBURSE-
  8        MENT OF EXPENSES FOR CERTAIN JUDGES AND TO PROVIDE  FOR  COMPENSATION  FOR
  9        CERTAIN JUDGES.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  1-2210, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        1-2210.  ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. (1)  The
 14    supreme  court by rule may specify additional categories of matters assignable
 15    to magistrates, except that the following matters may not be assigned to  mag-
 16    istrates who are not attorneys:
 17        (1a)  Civil  actions  in which the amount of money or damages or the value
 18        of property claimed exceeds four  thousand  dollars  ($4,000),  except  as
 19        otherwise authorized by this act;
 20        (2b)  Criminal  proceedings  in  which  the  maximum authorized punishment
 21        exceeds the punishment authorized for misdemeanors;
 22        (3c)  All proceedings involving the custody of minors and all habeas  cor-
 23        pus proceedings;
 24        (4d)  Proceedings for divorce, separate maintenance or annulment; and
 25        (5e)  Proceedings  in quo warranto, or for injunction, prohibition, manda-
 26        mus, ne exeat, or appointment of a receiver.
 27        (2)  The supreme court may assign an attorney magistrate to temporary ser-
 28    vice on the supreme court, except an attorney magistrate may not  be  assigned
 29    to hear cases in which the attorney magistrate participated, nor may an attor-
 30    ney  magistrate be assigned to hear cases which originated in his or her judi-
 31    cial district.
                                                                        
 32        SECTION 2.  That Section 1-2405, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
                                                                        
 34        1-2405.  INTERIM AND SUPPLEMENTAL MEMBERSHIP OF COURT OF APPEALS. (1) Com-
 35    mencing July 1, 1981, until funds have been appropriated for, and the governor
 36    has  filled by appointment, three (3) positions on the Idaho court of appeals,
 37    and continuing thereafter as needed, the supreme court  may  provide  for  the
 38    assignment  of  active  or  retired  senior district judges, retired active or
 39    senior attorney magistrate judges, senior justices of the  supreme  court  and
 40    retired senior judges of the court of appeals to serve on a panel of the court
 41    of  appeals.  Assignments may be made for a time certain, for a term of court,
                                                                        
                                           2
                                                                        
  1    or specifically for one (1) or more cases  on  the  docket  of  the  court  of
  2    appeals.
  3        (2)  An active or retired senior district judge or active or senior attor-
  4    ney magistrate judge may not be assigned to hear cases in which he or she par-
  5    ticipated  while  serving  on  the  district court, nor may an active district
  6    judge or an active attorney magistrate judge hear cases  which  originated  in
  7    his or her judicial district.
  8        (3)  Active  district  judges or active attorney magistrate judges serving
  9    on the court of appeals shall be entitled to no additional  compensation,  but
 10    shall  be  reimbursed  for expenses, as provided by section 1-711, Idaho Code,
 11    for active district judges, or as provided by section 1-2219, Idaho Code,  for
 12    active attorney magistrate judges. Compensation for retired senior justices or
 13    senior judges serving on the court of appeals shall be paid in the same manner
 14    provided  for such temporary service on the supreme court in section 1-2005 or
 15    section 1-2221, Idaho Code.

Statement of Purpose / Fiscal Impact


	               STATEMENT OF PURPOSE
                             RS11650


This bill amends sections 1-2210 and 1-2405, Idaho Code, to provide 
that actively serving magistrate judges may be assigned to sit with 
the Idaho Supreme Court or Court of Appeals.

Several sections of the Idaho Code provide that active or retired 
district judges and court of appeals judges may temporarily serve 
on the Supreme Court or the Court of Appeals and Section 1-222 1, 
Idaho Code, provides that retired magistrate judges may sit with the 
Idaho Supreme Court or Court of Appeals. However, presently there is 
no statutory provision authorizing an actively serving magistrate 
judge to sit with these courts. This proposed amendment will bring 
specialized expertise to the appellate courts and provide greater 
flexibility to the Supreme Court in assigning all actively serving 
judges to assist the Idaho Supreme Court and the Court of Appeals in 
addressing their ever-increasing caseloads.


                           FISCAL NOTE

This bill will result in a cost savings to the general fund 
in terms of travel expenses and the annual amount that the court 
will be required to pay pro tem judges to sit with the Supreme Court 
or Court of Appeals.


Contact Person:
Representative Todd Hammond
(208) 332-1000



Statement of Purpose/Fiscal Note		H 499