2003 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 27 – Judicial elections, study

HOUSE CONCURRENT RESOLUTION NO. 27

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Daily Data Tracking History



HCR027.......................................................by WAYS AND MEANS
JUDICIAL ELECTIONS - STUDY - Stating findings of the Legislature and
authorizing the Legislative Council to appoint a committee to undertake and
complete a study of judicial elections, including methods of financing
elections and methods of selection.
                                                                        
02/28    House intro - 1st rdg - to printing
03/03     Rpt prt - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/07    3rd rdg - ADOPTED - 45-25-0
      AYES -- Andersen, Barraclough, Bell, Bieter, Black, Boe, Campbell,
      Cannon, Clark, Cuddy, Deal, Denney, Douglas, Edmunson, Eskridge,
      Field(18), Field(23), Gagner, Henbest, Jaquet, Jones, Kellogg,
      Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen,
      Ridinger, Ring, Ringo, Robison, Sayler, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Bauer, Bedke, Block, Bolz, Bradford, Collins, Crow,
      Eberle, Ellsworth, Garrett, Harwood, Kulczyk, Lake, Langford, McGeachin,
      McKague, Moyle, Raybould, Roberts, Rydalch, Sali, Schaefer, Tilman, Wood
      Absent and excused -- None
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/10    Senate intro - 1st rdg - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 27
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
  3        APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY  OF  JUDICIAL  ELEC-
  4        TIONS, INCLUDING METHODS OF FINANCING ELECTIONS AND METHODS OF SELECTION.
                                                                        
  5    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  6        WHEREAS,   the  judicial  system  in  the state of Idaho, as in many other
  7    states, has recently been the subject of intense  interest  resulting  from  a
  8    variety of pressures upon the systems; and
  9        WHEREAS,  preservation of the independence and integrity of an independent
 10    judicial system is essential to the preservation of the critical role  of  the
 11    judiciary in the system of American government; and
 12        WHEREAS,  judicial  electioneering  undermines  judicial independence. The
 13    financing of judicial campaigns is thus limited to  those  wealthy  enough  to
 14    independently  fund their campaigns, a limitation unrelated to judicial compe-
 15    tence. Additionally, fund-raising undertaken by candidates to achieve election
 16    may create a perception of judges  feeling  indebted  to  certain  parties  or
 17    interest groups; and
 18        WHEREAS,  when judges are subject to elections, there may be an impression
 19    that a judge develops a personal stake in the outcome of major cases.  Elected
 20    judges  cannot  help but be aware that if the public is not satisfied with the
 21    outcome of a particular case, it could hurt their reelection prospects; and
 22        WHEREAS, recent court decisions subject regulations of campaign  financing
 23    to strict application of First Amendment protections which, while an essential
 24    guarantee,  may  minimize significant needs of citizens and voters to know the
 25    sources of funding and campaign support and to place limits on the amounts  of
 26    money which can be spent in a given campaign; and
 27        WHEREAS,  in  addition to considerations of campaign finance reporting and
 28    limits, there is also value in consideration  of  alternative  judicial  plans
 29    including the "Missouri Plan" and others which may offer appropriate options.
 30        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 31    of  the  Fifty-seventh Idaho Legislature, the House of Representatives and the
 32    Senate concurring therein, that  the  Legislative  Council  is  authorized  to
 33    appoint  a  committee to undertake and complete a study of judicial elections,
 34    including methods of financing elections and methods of selection. The  Legis-
 35    lative  Council  shall determine the number of legislators and membership from
 36    each house appointed to the committee and shall  authorize  the  committee  to
 37    receive  input, advice and assistance from interested and affected parties who
 38    are not members of the legislature.
 39        BE IT FURTHER RESOLVED that nonlegislative members of the committee may be
 40    appointed by the cochairs of the committee who are appointed by  the  Legisla-
 41    tive  Council.  Nonlegislative  members of the advisory committee shall not be
 42    reimbursed from legislative funds for per diem, mileage or other expenses  and
 43    shall  not have voting privileges regarding the committee's recommendations or
 44    proposed legislation. Membership may include representation from the Idaho Bar
                                                                        
                                           2
                                                                        
  1    Association, the League of Women Voters, public  interest  groups,  the  Idaho
  2    Judicial Council, the court system, and others appropriate to the study.
  3        BE  IT FURTHER RESOLVED that the committee shall report its findings, rec-
  4    ommendations and proposed legislation, if any, to the Second  Regular  Session
  5    of the Fifty-seventh Idaho Legislature.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13113
The purpose of this resolution is to authorize the legislative
council to appoint a committee to undertake and complete a study
of judicial elections including methods of financing and methods
of selection.
                          FISCAL IMPACT
The estimated cost for the committee is approximately $6,000. 
Mileage, legislative salaries and per diem will be paid out of
the legislative account.
Contact
Name: Rep. Wendy Jaquet 
Phone: 332-1130
Speaker Bruce Newcomb



STATEMENT OF PURPOSE/FISCAL NOTE      HCR 27