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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 - 2002
IN 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, unless
18 otherwise 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 the Subject
24 to the provisions of section 34-1217, Idaho Code, at each primary election,
25 1974, and every four (4) years thereafter, subject to the provisions of sec-
26 tion 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 any member or mem-
29 bers district 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 - 2002
Moved 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 - 2002
IN 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, unless
17 otherwise 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