2002 Legislation
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SENATE BILL NO. 1312 – District judges, appointment

SENATE BILL NO. 1312

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                    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