2003 Legislation
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HOUSE JOINT RESOLUTION NO. 3 – Judges/justices, selection

HOUSE JOINT RESOLUTION NO. 3

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HJR003.......................................................by WAYS AND MEANS
JUDGES/JUSTICES - SELECTION - Proposing an amendment to the Constitution of
the State of Idaho to provide for the selection of Supreme Court justices,
judges of the Court of Appeals and district court judges; and proposing a new
section to the Constitution of the State of Idaho to create a nonpartisan
judicial council which shall submit to the governor the names of qualified
persons to fill vacancies in the office of Supreme Court justice, judge of the
Court of Appeals or district court judge; to provide that the governor shall
select from the nominees; to provide that if the governor fails to appoint any
of the nominees within 60 days after the list is submitted, the judicial
council shall appoint one of the nominees to fill the vacancy; and to provide
for a retention election for Supreme Court justices, judges of the Court of
Appeals or district court judges to be held at the same time as the primary
election.
                                                                        
02/17    House intro - 1st rdg - to printing
02/18    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 JOINT RESOLUTION NO. 3
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                  A JOINT RESOLUTION
  2    PROPOSING AN AMENDMENT TO SECTIONS 6, 11, 12 AND 23 OF ARTICLE V, OF THE  CON-
  3        STITUTION  OF  THE STATE OF IDAHO, RELATING TO THE JUDICIAL BRANCH OF GOV-
  4        ERNMENT, TO PROVIDE THAT SUPREME COURT JUSTICES, JUDGES OF  THE  COURT  OF
  5        APPEALS  AND DISTRICT COURT JUDGES BE SELECTED AND RETAINED AS PROVIDED BY
  6        SECTION 22, ARTICLE V, OF THE CONSTITUTION OF THE STATE OF  IDAHO  AND  TO
  7        DELETE  A RESIDENCY REQUIREMENT FOR DISTRICT JUDGES; AMENDING ARTICLE V OF
  8        THE CONSTITUTION OF THE STATE OF IDAHO, BY THE ADDITION OF A  NEW  SECTION
  9        22, ARTICLE V, OF THE CONSTITUTION OF THE STATE OF IDAHO, TO CREATE A NON-
 10        PARTISAN  JUDICIAL COUNCIL WHICH SHALL SUBMIT TO THE GOVERNOR THE NAMES OF
 11        NOT LESS THAN TWO NOR MORE THAN FOUR QUALIFIED PERSONS TO  FILL  VACANCIES
 12        IN THE OFFICE OF THE SUPREME COURT JUSTICE, JUDGE OF THE COURT OF APPEALS,
 13        OR  A  DISTRICT  JUDGE, TO PROVIDE THAT THE GOVERNOR SHALL SELECT FROM THE
 14        NOMINEES AND TO PROVIDE THAT IF THE GOVERNOR FAILS TO APPOINT ANY  OF  THE
 15        NOMINEES  WITHIN SIXTY CALENDAR DAYS AFTER THE LIST OF NOMINEES IS SUBMIT-
 16        TED, THE JUDICIAL COUNCIL SHALL APPOINT ONE OF THE NOMINEES  TO  FILL  THE
 17        VACANCY  AND  TO  PROVIDE A RETENTION ELECTION AT THE PRIMARY ELECTION FOR
 18        JUSTICES OF THE SUPREME COURT, A JUDGE OF THE COURT OF APPEALS OR  A  DIS-
 19        TRICT COURT JUDGE; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE;
 20        DIRECTING  THE  LEGISLATIVE  COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY
 21        LAW; AND DIRECTING THE SECRETARY OF STATE TO  PUBLISH  THE  AMENDMENT  AND
 22        ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 23    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 24        SECTION 1.  That Sections 6, 11, 12 and 23, Article V, of the Constitution
 25    of the State of Idaho be, and the same are hereby amended to read as follows:
                                                                        
 26             SECTION  6.  SUPREME  COURT  --  NUMBER  OF  JUSTICES -- TERM OF
 27        OFFICE -- CALLING OF DISTRICT JUDGE TO SIT WITH COURT  --  JUDGES  OF
 28        THE  COURT  OF  APPEALS. The Supreme Court shall consist of five jus-
 29        tices, a majority of whom shall be necessary to make a quorum or pro-
 30        nounce a decision. If a justice of the Supreme Court  shall  be  dis-
 31        qualified  from sitting in a cause before said court, or be unable to
 32        sit therein, by reason of illness or absence, the said court may call
 33        a district judge to sit in said court on the hearing of such cause.
 34             The justices of the Supreme Court shall be selected by the elec-
 35        tors of the state at large and retained as provided  by  section  22,
 36        article  V. The terms of office of the justices of the Supreme Court,
 37        except as in this article otherwise provided, shall be six years.
 38             The justices of the Supreme Court shall, immediately  after  the
 39        first  election  under this constitution, be selected by lot, so that
 40        one shall hold his office for the term of two years, one for the term
 41        of four years, and one for the term of six years. The lots  shall  be
 42        drawn  by the justices of the Supreme Court, who shall, for that pur-
 43        pose, assemble at the seat of government, and they  shall  cause  the
                                                                        
                                       2
                                                                        
  1        result thereof to be certified to by the secretary of state and filed
  2        in his office.
  3             The  chief  justice shall be selected from among the justices of
  4        the Supreme Court by a majority vote of the  justices.  His  term  of
  5        office  shall  be  four  years. When a vacancy in the office of chief
  6        justice occurs, a chief justice shall be selected  for  a  full  four
  7        year term. The chief justice shall be the executive head of the judi-
  8        cial system.
  9             The  judges  of  the  Court  of  Appeals  shall  be selected and
 10        retained as provided by section 22, article V. The terms of office of
 11        the judges of the Court of Appeals shall be as provided by law.
                                                                        
 12             SECTION 11.  DISTRICT COURTS --  JUDGES  AND  TERMS.  The  state
 13        shall be divided into five judicial districts as provided by law, for
 14        each  of  which  a  judges  shall be chosen by the qualified electors
 15        thereof selected and retained as provided by section 22,  article  V,
 16        whose term of office shall be four (4) years. And there shall be held
 17        a district court in each county, at least twice in each year, to con-
 18        tinue  for  such time in each county as may be prescribed by law. But
 19        the legislature may reduce or increase the number of  districts,  and
 20        district  judges.  and  district attorneys. This section shall not be
 21        construed to prevent the holding of special terms under such  regula-
 22        tions as may be provided by law.
                                                                        
 23             SECTION  12.  RESIDENCE  OF  JUDGES -- HOLDING COURT OUT OF DIS-
 24        TRICT -- SERVICE BY RETIRED JUSTICES AND JUDGES. Every judge  of  the
 25        district court shall reside in the district for which he is selected.
 26        A  judge of any district court, or any retired justice of the Supreme
 27        Court or any retired district judge, may hold a district court in any
 28        county at the request of the a judge of the district  court  thereof,
 29        and  upon  the  request of the governor, or of the chief justice, and
 30        when any such request is made or approved by  the  chief  justice  it
 31        shall  be his duty to do so; but a cause in the district court may be
 32        tried by a judge pro tempore, who must be a member of the bar, agreed
 33        upon in writing by  the  parties  litigant,  or  their  attorneys  of
 34        record,  and  sworn to try the cause. Any retired justice or district
 35        judge may sit with the Supreme Court and exercise the authority of  a
 36        member thereof in any cause in which he is requested by that court so
 37        to  do,  and  when  requested by the chief justice shall perform such
 38        other duties pertaining to the judicial department of  government  as
 39        directed.  Compensation  for such service shall be as provided by the
 40        legislature.
                                                                        
 41             SECTION 23.  QUALIFICATIONS OF DISTRICT JUDGES. No person  shall
 42        be  eligible  to the office of district judge unless he be learned in
 43        the law, thirty (30) years of  age,  and  a  citizen  of  the  United
 44        States, and shall have resided in the state or territory at least two
 45        (2) years next preceding his selection, nor unless he shall have been
 46        at  the time of his election, an elector in the judicial district for
 47        which he is elected.
                                                                        
 48        SECTION 2.  That Article V, of the Constitution of the State of Idaho, be,
 49    and the same is hereby amended by the addition of a NEW SECTION, to  be  known
 50    and  designated  as Section 22, Article V, of the Constitution of the State of
 51    Idaho, and to read as follows:
                                                                        
                                       3
                                                                        
  1             SECTION 22.  NONPARTISAN SELECTION OF JUDGES -- JUDICIAL COUNCIL
  2        CREATED -- APPOINTMENTS TO  FILL  VACANCIES  --  RETENTION  ELECTION.
  3        There  is  hereby  created the nonpartisan judicial council with such
  4        powers, duties and membership as provided by law. For each vacancy in
  5        the office of justice of the Supreme Court, judge  of  the  Court  of
  6        Appeals,  or  a  district judge, the judicial council shall submit to
  7        the governor the names of not less than two nor more than four quali-
  8        fied persons to fill each vacancy, one of whom shall be appointed  by
  9        the  governor.  If  the governor fails to appoint any of the nominees
 10        within sixty calendar days after the list of nominees  is  submitted,
 11        the  judicial  council  shall appoint one of the nominees to fill the
 12        vacancy. If a justice of the Supreme Court, a judge of the  Court  of
 13        Appeals or a district judge wishes to succeed himself or herself, the
 14        justice or judge shall file in the office of the secretary of state a
 15        declaration  of  candidacy for election to succeed himself or herself
 16        not less than sixty days prior to the holding of a primary  election.
 17        If a declaration is not so filed by any justice or judge, the vacancy
 18        resulting  from  expiration  of the term of office shall be filled by
 19        the judicial council as provided in this section. If the  declaration
 20        is filed, the name shall be submitted at the next primary election to
 21        the voters eligible to vote within the state if the office is that of
 22        justice  of  the  Supreme  Court  or judge of the Court of Appeals or
 23        within the judicial district if the office is that of district judge,
 24        without party designation reading: "Shall (Justice or  Judge  as  the
 25        case  may  be).....................................(Here  the name of
 26        the Justice shall be inserted)............of  the...............(Here
 27        the title of the court shall be inserted).................be retained
 28        in office? Yes.....  No..... (Mark an "X" in the box you prefer.)"
 29             If  a  majority  of  those  voting  on the question vote against
 30        retaining him or her, upon the expiration of the term  of  office,  a
 31        vacancy  shall exist which shall be filled by appointment as provided
 32        in this section, otherwise the justice or judge shall, unless removed
 33        for cause, remain in office for the number of  years  after  December
 34        thirty-first following such election as is provided for the full term
 35        of  the  office,  and at the expiration of the term shall be eligible
 36        for retention in office by election in the  manner  here  prescribed.
 37        The  legislature  may  enact  statutes to implement the provisions of
 38        this section.
                                                                        
 39        SECTION 3.  The question to be submitted to the electors of the  State  of
 40    Idaho at the next general election shall be as follows:
 41        "Shall  Sections  6,  11, 12 and 23, Article V, of the Constitution of the
 42    State of Idaho, relating to the judicial branch of government, be  amended  to
 43    provide  for  the  selection of Supreme Court justices, judges of the Court of
 44    Appeals and district court judges as provided by Section 22, Article V, of the
 45    Constitution of the State of Idaho and to delete a residency  requirement  for
 46    district  judges,  and shall a new Section 22, Article V, be added to the Con-
 47    stitution of the State of Idaho to create a nonpartisan judicial council which
 48    shall submit to the governor the names of not less than two nor more than four
 49    qualified persons to fill vacancies in the office of the  Supreme  Court  jus-
 50    tice, judge of the Court of Appeals or a district court judge, to provide that
 51    the  governor shall select from the nominees and to provide that if the gover-
 52    nor fails to appoint any of the nominees within sixty calendar days after  the
 53    list  of  nominees is submitted, the judicial council shall appoint one of the
 54    nominees to fill the vacancy and to provide a retention election at  the  pri-
                                                                        
                                       4
                                                                        
  1    mary  election  for  justices  of  the  Supreme Court, a judge of the Court of
  2    Appeals or a district court judge?".
                                                                        
  3        SECTION 4.  The Legislative Council is directed to prepare the statements
  4    required by Section 67-453, Idaho Code, and file the same.
                                                                        
  5        SECTION 5.  The Secretary of State is hereby directed to publish this pro-
  6    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12845
This Joint Resolution relates to the election process for Supreme
Court justices, Court of Appeals judges, and district judges.  

Under the present system provided in the state constitution and
statutes of Idaho, whenever there is a vacancy in the office of a
justice of the Supreme Court, judge of the Court of Appeals, or
district judge, the Idaho Judicial Council, a nonpartisan merit
selection body, nominates qualified candidates to the Governor
for appointment to the position.  Thereafter, if the justice or
judge seeks another term of office, the justice or judge stands
for election in a nonpartisan election. 

This Joint Resolution submits to the electors of the state
proposed amendments to sections 6, 11, 12 and 23, of Art. V, and
the addition of a new section 22 to Art. V, Idaho Constitution to
create a "constitutional" judicial council which will nominate
qualified candidates for the Governor's appointment followed by a
"retention" election where the electorate decide whether to
retain the justice or judge for another term of office.  If a
justice or judge does not file a declaration of candidacy for
another term, or if the voters choose not to retain the justice
or judge, there is a vacancy at the end of the term and the
selection process begins again with the nomination of qualified
candidates by the judicial council and subsequent appointment by
the Governor.  The new appointee then serves until the next
primary election when the question of whether the appointee
should be retained is again submitted to the voters. 

                         FISCAL IMPACT
According to the estimate of the Secretary of State's Office,
there will be a one-time, $30,000 publication cost associated
with placing this measure on the ballot which will be paid from
the general fund.  There will be no additional costs in holding
retention elections instead of the present nonpartisan contested
elections for the election of justices or judges. 


Contact
Name: Speaker Bruce Newcomb 
Phone: 332-1111
Rep. Wendy Jaquet 332-1133



STATEMENT OF PURPOSE/FISCAL NOTE        HJR