Print Friendly HOUSE CONCURRENT RESOLUTION NO. 27 – Judicial elections, study
HOUSE CONCURRENT RESOLUTION NO. 27
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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.
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
|||| 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
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
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
The estimated cost for the committee is approximately $6,000.
Mileage, legislative salaries and per diem will be paid out of
the legislative account.
Name: Rep. Wendy Jaquet
Speaker Bruce Newcomb
STATEMENT OF PURPOSE/FISCAL NOTE HCR 27