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S1312aa..............................................by JUDICIARY AND RULES DISTRICT JUDGES - Amends existing law to provide that appointed judges shall hold office until the next general election for district judges occurring at least one year following the date of the judge's appointment. 01/22 Senate intro - 1st rdg - to printing 01/23 Rpt prt - to Jud 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/12 To 14th Ord 02/18 Rpt out amen - to engros 02/19 Rpt engros - 1st rdg - to 2nd rdg as amen 02/20 2nd rdg - to 3rd rdg as amen 02/21 3rd rdg as amen - PASSED - 24-5-6 AYES -- Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams NAYS -- Brandt, Davis, Hawkins, Risch(Risch), Stennett Absent and excused -- Andreason, Frasure, Geddes, King-Barrutia, Marley, Sandy Floor Sponsor - Boatright Title apvd - to House 02/22 House intro - 1st rdg - to Jud 03/12 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg Rls susp - PASSED - 47-19-4 AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Crow, Denney, Ellis, Eskridge, Field(13), Field(20), Gould, Hadley, Harwood, Henbest, Higgins, Jaquet, Kellogg, Kendell, Kunz, Langford, Mader, Martinez, McKague, Meyer, Montgomery, Pischner, Pomeroy, Robison, Sali, Schaefer, Sellman, Smith(23), Smylie, Stevenson, Stone, Tilman, Wheeler, Mr. Speaker NAYS -- Barrett, Callister, Collins, Ellsworth, Gagner, Hammond, Hornbeck, Lake, Loertscher, Mortensen, Moyle, Pearce, Raybould, Ridinger, Roberts, Smith(33), Trail, Wood, Young Absent and excused -- Cuddy, Deal, Jones, Shepherd Floor Sponsor - Sali Title apvd - to Senate 03/13 To enrol 03/14 Rpt enrol - Pres signed - Sp signed 03/15 To Governor 03/22 Governor signed Session Law Chapter 214 Effective: 03/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1312 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DISTRICT JUDGES; AMENDING SECTION 1-702, IDAHO CODE, TO PROVIDE 3 THAT APPOINTED JUDGES SHALL HOLD OFFICE UNTIL THE NEXT GENERAL ELECTION 4 FOR DISTRICT JUDGES OCCURRING AT LEAST ONE YEAR FOLLOWING THE DATE OF THE 5 JUDGE'S APPOINTMENT; AMENDING SECTION 34-616, IDAHO CODE, TO REVISE ELEC- 6 TION PROCEDURES FOR DISTRICT JUDGES; DECLARING AN EMERGENCY AND PROVIDING 7 AN EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 1-702, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 1-702. DISTRICT JUDGES -- ELECTION AND TERM -- NEW DISTRICT JUDGESHIP AND 12 APPOINTMENT TO FILL VACANCY. The district court is presided over by district 13 judges chosen by the qualified electors of their respective districts for a 14 term of four (4) years, except,that upon the creation of a new district 15 judgeship in any district or upon the appointment by the governor to fill a 16 vacancy in a district judgeship in any district, such judge shall be appointed 17 to hold office until the next general election for district judges, unless18otherwise provided in the act creating such judgeship,occurring at least one 19 (1) year following the date of the judge's appointment and until his successor 20 is elected and qualified. 21 SECTION 2. That Section 34-616, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 34-616. ELECTION OF DISTRICT JUDGES -- QUALIFICATIONS. (1)At theSubject 24 to the provisions of section 34-1217, Idaho Code, at each primary election,251974, and every four (4) years thereafter, subject to the provisions of sec-26tion 34-1217, Idaho Code,there shall be elected in each judicial district a 27 sufficient number of district judges to fill any vacancy or vacancies occa- 28 sioned by the expiration of the term or terms of office of anymember or mem-29bersdistrict judge. 30 (2) No person shall be elected to the office of judge of the district 31 court unless he has attained the age of thirty (30) years at the time of his 32 election, is a citizen of the United States, shall have been admitted to the 33 practice of law for at least ten (10) years prior to taking office, and is 34 admitted to practice law in the state of Idaho, and shall have resided within 35 the judicial district one (1) year next preceding his election. 36 (3) Each candidate shall file his declaration of candidacy with the sec- 37 retary of state. 38 (4) Each candidate who files a declaration of candidacy shall at the same 39 time pay a filing fee of one hundred fifty dollars ($150) which shall be 40 deposited in the general fund. 2 1 SECTION 3. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after 3 March 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Boatright Seconded by Davis IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1312 1 AMENDMENTS TO THE BILL 2 On page 1 of the printed bill, delete lines 21 through 40; and on page 2, 3 in line 1, delete "SECTION 3" and insert: "SECTION 2". 4 CORRECTIONS TO TITLE 5 On page 1, in line 5, delete "AMENDING SECTION 34-616, IDAHO CODE, TO 6 REVISE ELEC-"; and in line 6, delete "TION PROCEDURES FOR DISTRICT JUDGES;".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1312, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DISTRICT JUDGES; AMENDING SECTION 1-702, IDAHO CODE, TO PROVIDE 3 THAT APPOINTED JUDGES SHALL HOLD OFFICE UNTIL THE NEXT GENERAL ELECTION 4 FOR DISTRICT JUDGES OCCURRING AT LEAST ONE YEAR FOLLOWING THE DATE OF THE 5 JUDGE'S APPOINTMENT; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE 6 DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 1-702, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 1-702. DISTRICT JUDGES -- ELECTION AND TERM -- NEW DISTRICT JUDGESHIP AND 11 APPOINTMENT TO FILL VACANCY. The district court is presided over by district 12 judges chosen by the qualified electors of their respective districts for a 13 term of four (4) years, except,that upon the creation of a new district 14 judgeship in any district or upon the appointment by the governor to fill a 15 vacancy in a district judgeship in any district, such judge shall be appointed 16 to hold office until the next general election for district judges, unless17otherwise provided in the act creating such judgeship,occurring at least one 18 (1) year following the date of the judge's appointment and until his successor 19 is elected and qualified. 20 SECTION 2. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after 22 March 1, 2002.
STATEMENT OF PURPOSE RS 11610 This legislation is to give a judge who has been screened by the judicial council and selected by the Governor a fair chance to establish himself or herself in office before facing an election. A resolution to this situation would involve changing the term of office of a newly appointed judge and requiring the judge to stand for election at the first primary occurring at least one year following the date of the judge's appointment. It provides an emergency clause and an effective date. FISCAL IMPACT There is no fiscal impact on the general fund. CONTACT Name: Sen. Boatright Phone: 332-1407 Statement of Purpose/Fiscal Impact S 1312