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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 orretiredsenior district judges,retiredactive or 39 senior attorney magistrate judges, senior justices of the supreme court and 40retiredsenior 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 orretiredsenior 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 forretiredsenior justices or 13 senior judges serving on the court of appeals shall be paid in thesamemanner 14 provided forsuch temporary service on the supreme courtin section 1-2005 or 15 section 1-2221, Idaho Code.
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