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S1407................................................by JUDICIARY AND RULES
MAGISTRATES - JUDGES - JUSTICES - Amends existing law to increase the base
annual salaries of nonattorney magistrates, justices of the supreme court
and judges of the district courts.
02/26 Senate intro - 1st rdg - to printing
02/27 Rpt prt - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
03/10 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 59-5-6
AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,
Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood
NAYS -- Barrett, Bauer, Eberle, McKague, Meyer
Absent and excused -- Cuddy, Gagner, Roberts, Sali, Snodgrass, Mr.
Speaker
Floor Sponsor - Field(18)
Title apvd - to Senate
03/17 To enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/24 Governor signed
Session Law Chapter 306
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1407
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SALARIES OF JUDGES; AMENDING SECTION 1-2222, IDAHO CODE, TO
3 INCREASE THE BASE ANNUAL SALARY OF NONATTORNEY MAGISTRATES; AND AMENDING
4 SECTION 59-502, IDAHO CODE, TO INCREASE THE ANNUAL SALARIES OF JUSTICES OF
5 THE SUPREME COURT AND JUDGES OF THE DISTRICT COURTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 1-2222, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 1-2222. SALARY SCHEDULE -- ATTORNEY AND NONATTORNEY MAGISTRATES. The sal-
10 aries of magistrates of the district court shall be as follows:
11 (1) Beginning on July 1, 1998, the annual salary of each magistrate who
12 is an attorney shall be seven thousand eight hundred eight dollars ($7,808)
13 less than the annual salary of a district judge. Beginning on July 1, 1999,
14 the annual salary of each magistrate who is an attorney shall be seven thou-
15 sand one hundred six dollars ($7,106) less than the salary of a district
16 judge. Beginning on July 1, 2000, the annual salary of each magistrate who is
17 an attorney shall be six thousand four hundred four dollars ($6,404) less than
18 the salary of a district judge. Beginning on July 1, 2001, the annual salary
19 of each magistrate who is an attorney shall be five thousand seven hundred two
20 dollars ($5,702) less than the salary of a district judge. Beginning July 1,
21 2002, the annual salary of each magistrate who is an attorney shall be five
22 thousand dollars ($5,000) less than the salary of a district judge.
23 (2) Beginning July 1, 1998, the following schedule is adopted as the base
24 annual salary schedule for all nonattorney magistrates:
25 STATE OF IDAHO
26 BASE ANNUAL SALARY SCHEDULE FOR NONATTORNEY
27 MAGISTRATES
28 Pay Class Annual Case Dispositions Annual Salary
29 Nonattorney Magistrate
30 Judge I more than 4,500 cases $46,222
31 Nonattorney Magistrate
32 Judge II 3,000 to 4,500 cases 41,663
33 Nonattorney Magistrate
34 Judge III 1,750 to 3,000 cases 37,105
35 Nonattorney Magistrate
36 Judge IV under 1,750 cases 31,027
37 Commencing on July 1, 1999, the amount of the base annual salary for all non-
38 attorney magistrates shall be increased by four percent (4%), and again com-
39 mencing on July 1, 2000, the amount of the base annual salary for all non-
40 attorney magistrates shall be increased by three and one-half percent
41 (3 1/2%), and again commencing on July 1, 2001, the amount of the base annual
2
1 salary for all nonattorney magistrates shall be increased by four and one-half
2 percent (4 1/2%), and again commencing on July 1, 2004, the amount of the base
3 annual salary for all nonattorney magistrates shall be increased by two per-
4 cent (2%).
5 (3) The administrative director of the courts shall certify annually the
6 case dispositions of each nonattorney magistrate judge and designate the sal-
7 ary classification for each nonattorney magistrate prior to the beginning of
8 each fiscal year. Any increases or decreases in salary as a result of the pro-
9 visions of this section shall become effective to coincide with the start of
10 the fiscal year.
11 (4) Each nonattorney magistrate shall, separate and apart from the salary
12 schedule established by subsection (2) of this section, receive an additional
13 seven hundred fifty dollar ($750) longevity increment added to his base salary
14 for each complete five (5) year period of service as a magistrate. No addi-
15 tional longevity increment shall be awarded after the twentieth year of ser-
16 vice. For purposes of this subsection, magistrates who entered state service
17 on January 11, 1971, shall receive credit for years of service as a police
18 court judge, city court judge, justice of the peace, or probate judge.
19 (5) Each nonattorney magistrate shall, separate and apart from the salary
20 schedule established by subsection (2) of this section, and separate and apart
21 from the longevity increment established by subsection (4) of this section,
22 receive an additional jurisdiction credit of thirty percent (30%) of his base
23 salary upon being granted full statutory jurisdiction by the supreme court.
24 (6) Regardless of any other provision of this section, beginning July 1,
25 1997, no nonattorney magistrate shall receive an annual salary of more than
26 fifty-five thousand two hundred seventy-six dollars ($55,276), and beginning
27 July 1, 1998, there shall be no maximum salary limitation on nonattorney mag-
28 istrate salaries.
29 (7) All nonattorney magistrates are full-time state officers, are
30 required to be available on a twenty-four (24) hour basis to perform duties
31 incident to their office such as the issuance of search and arrest warrants,
32 and are required to hold such office hours as may be necessary to conduct
33 court business or as required by the supreme court.
34 SECTION 2. That Section 59-502, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 59-502. SALARIES OF JUDGES. Commencing on July 1, 1998, the salary of the
37 justices of the supreme court shall be ninety thousand seven hundred ninety-
38 one dollars ($90,791) per annum, and the salary of the judges of the district
39 courts shall be eighty-five thousand ninety-five dollars ($85,095) per annum.
40 Commencing on July 1, 1999, the annual salaries of the justices of the supreme
41 court and the annual salaries of judges of the district courts shall be
42 increased by four percent (4%), and again commencing on July 1, 2000, the
43 annual salary of the justices of the supreme court and the annual salaries of
44 judges of the district courts shall be increased by three and one-half percent
45 (3 1/2%), and again commencing on July 1, 2001, the annual salary of the jus-
46 tices of the supreme court and the annual salaries of judges of the district
47 courts shall be increased by four and one-half percent (4 1/2%), and again
48 commencing on July 1, 2004, the annual salary of the justices of the supreme
49 court and the annual salaries of the judges of the district courts shall be
50 increased by two percent (2%). Salaries of magistrates shall be as prescribed
51 by chapter 22, title 1, Idaho Code. Salaries shall be paid on regular pay
52 periods not less frequently than monthly as determined by order of the supreme
53 court as due out of the state treasury, but no justice of the supreme court or
3
1 judge of the district court or magistrate shall be paid his salary, or any
2 part thereof, unless he shall first take and subscribe an oath that there is
3 not in his hands any matter in controversy not decided by him, which has been
4 finally submitted for his consideration and determination thirty (30) days
5 prior to his taking and subscribing said oath.
STATEMENT OF PURPOSE
RS 14192
This bill will increase the annual salary of justices of the
supreme court, judges of the court of appeals, district judges,
and attorney and nonattorney magistrate judges by two percent
(2%) beginning July 1, 2004.
Presently there are no nonattorney magistrate judges serving
full-time in the state of Idaho. However, the annual salary of
this category of judge must keep pace with salary increments
granted to other categories of judges in order to adequately
compensate retired nonattorney magistrate judges who are called
in to service on a temporary basis under Section 1-2221, Idaho
Code.
FISCAL NOTE
The two percent (2%) salary increase for justices and judges
will cost $279,700.00, which is funded from the general fund.
Contacts:
Senator Denton Darrington
Ph: (208) 322-1317
Representative Debbie Field
Ph: (208) 322-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1407