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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 - 2003
IN 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