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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
|||| 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
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