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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 - 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
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