2003 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 20 – Judicial selection methods, study

HOUSE CONCURRENT RESOLUTION NO. 20

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HCR020..................................by JUDICIARY, RULES AND ADMINISTRATION
JUDICIAL SELECTION METHODS - STUDY - Stating findings of the Legislature and
authorizing the Legislative Council to appoint a committee to undertake and
complete a study of all relevant issues relating to the methods of selection,
retention and election of judges, including the financing of judicial
elections.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 20
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING LEGISLATIVE  FINDINGS  AND  AUTHORIZING  THE  LEGISLATIVE  COUNCIL  TO
  3        APPOINT  A  COMMITTEE  TO  UNDERTAKE  AND COMPLETE A STUDY OF ALL RELEVANT
  4        ISSUES RELATING TO THE METHODS OF SELECTION,  RETENTION  AND  ELECTION  OF
  5        JUDGES, INCLUDING THE FINANCING OF JUDICIAL ELECTIONS.
                                                                        
  6    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  7        WHEREAS,  the  independence and integrity of the judiciary is essential to
  8    public confidence in our judicial system, the protection of our rights as cit-
  9    izens, and to the effective conduct of our government; and
 10        WHEREAS, in June 2002, the Idaho Legislative Council named  a  legislative
 11    task  force  to  study  campaign financing for judicial elections, and to make
 12    recommendations to the Council based on the study on  or  before  December  1,
 13    2002; and
 14        WHEREAS, certain ex officio members were invited by the task force to take
 15    part in the study as well as a resource panel of judges; and
 16        WHEREAS,  the  task force conducted meetings during which time it gathered
 17    extensive information through presentations and  public  testimony.  The  task
 18    force  reviewed  current  Idaho  law  relating to contribution and expenditure
 19    requirements for judicial candidates, the various types of  campaign  expendi-
 20    tures that are subject to governmental regulation and those that are not, con-
 21    stitutional  restrictions relating to regulation of campaign contributions and
 22    expenditures, United States  Supreme  Court  decisions  relating  to  campaign
 23    financing,  recent developments in federal law relating to campaign financing,
 24    and legislative reform efforts relating  to  judicial  campaign  financing  in
 25    other states; and
 26        WHEREAS,  there are a number of cases now pending before the United States
 27    Supreme Court in which the Court is expected to revisit constitutionally  per-
 28    missible  regulation  of  campaign  contributions  and  expenditures that will
 29    likely have a direct impact on regulation  alternatives  at  the  federal  and
 30    state level; and
 31        WHEREAS,  the American Bar Association has conducted a major study of cam-
 32    paign financing for judicial elections and its final report is expected to  be
 33    issued  in 2003. The Idaho State Bar has adopted two resolutions regarding the
 34    oversight of the conduct of judicial elections and the review of American  Bar
 35    Association  recommendations  on financing judicial elections. The Idaho State
 36    Bar is working to establish a committee to review issues relating to  judicial
 37    independence and integrity; and
 38        WHEREAS, due to the complexity of the issues involved, and the expectation
 39    that  additional  guidelines  and information will become available during the
 40    year 2003, additional study is needed to determine informed specific recommen-
 41    dations for the state of Idaho in regard to campaign  financing  for  judicial
 42    elections.
 43        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 44    of  the  Fifty-seventh Idaho Legislature, the House of Representatives and the
                                                                        
                                           2
                                                                        
  1    Senate concurring therein, that  the  Legislative  Council  is  authorized  to
  2    appoint an interim committee to undertake and complete a study of all relevant
  3    issues  relating  to the methods of selecting, retaining, and electing judges,
  4    including the financing of judicial elections. The Legislative  Council  shall
  5    appoint up to ten legislators, five from the Senate and five from the House of
  6    Representatives.
  7        BE IT FURTHER RESOLVED that nonlegislative members of the committee may be
  8    appointed  by  the cochairs of the committee who are appointed by the Legisla-
  9    tive Council. Nonlegislative members of the committee shall not be  reimbursed
 10    from  legislative  funds for per diem, mileage or other expenses and shall not
 11    have voting privileges regarding the committee's recommendations  or  proposed
 12    legislation.
 13        BE  IT FURTHER RESOLVED that the committee shall report its findings, rec-
 14    ommendations and proposed legislation, if any, to the Second  Regular  Session
 15    of the Fifty-seventh Idaho Legislature.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS12665
This resolution calls on the Legislature to authorize the
Legislative Council to appoint a committee to undertake and
complete a study of all relevant issues relating to
selection/election of judges, including the financing of judicial
elections. 
                          FISCAL IMPACT
The estimated cost for the committee is approximately $6,000. 
Legislative  salaries, mileage, and per diem for legislators will
be paid from the legislative account.


Contact:
Name:    Rep Tom Trail
Phone:   332-1202
Name:    Sen. Bart Davis
Phone:   332-1305
 


STATEMENT OF PURPOSE/FISCAL NOTE                      HCR 20