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SCR116.....................................................by STATE AFFAIRS 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. 03/25 Senate intro - 1st rdg - to printing 03/26 Rpt prt - to 10th Ord 03/27 10th Ord - ADOPTED - 32-2-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams NAYS -- Pearce, Sweet Absent and excused -- Calabretta Floor Sponsor - Davis Title apvd - to House 03/28 House intro - 1st rdg - to W/M 04/03 Rpt out - rec d/p - to 2nd rdg 04/04 2nd rdg - to 3rd rdg 05/03 3rd rdg - ADOPTED - 54-14-2 AYES -- Andersen(Guyon), Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy, Deal, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langhorst, Martinez(Echohawk), Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Robison, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker NAYS -- Barraclough(Schanz), Barrett, Crow, Eberle, Kulczyk, Lake, Langford, McGeachin, McKague, Roberts, Rydalch, Sali, Schaefer, Wood Absent and excused -- Clark, Denney, Floor Sponsors - Jaquet & Mr. Speaker Title apvd - to Senate 05/03 To enrol - Rpt enrol - Pres signed - Sp signed 05/05 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 116 BY STATE AFFAIRS 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 system; 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, fundraising 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 Senate and the House of Represen- 32 tatives 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, as may be appropriate due to 5 the level of committee activity, to either the Second Regular Session of the 6 Fifty-seventh Idaho Legislature or the First Regular Session of the Fifty- 7 eighth Idaho Legislature, or to both such Sessions.
STATEMENT OF PURPOSE RS13220 The purpose of this resolution is to authorize the legislative council to appoint a committee to undertake and complete a two-year study of judicial elections including methods of financing and methods of selection. FISCAL IMPACT If this resolution is adopted by the Legislature and the committee is appointed by Legislative Council, any necessary legislator travel and per diem expense would be paid from the existing legislative appropriation to the Senate and the House of Representatives. Funding for staff support and expenses would be provided from the existing appropriation to the Legislative Council for the Legislative Services Office. There would be no additional impact upon the state general fund as a result of this resolution. Contact: Rep. Wendy Jaquet Phone: 332-1130 Speaker Bruce NewcombPhone: 332-1111 STATEMENT OF PURPOSE/FISCAL IMPACT SCR 116