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H0642................................by JUDICIARY, RULES AND ADMINISTRATION
ADMINISTRATIVE JUDGES - Amends existing law to revise provisions relating
to the election of administrative judges; and to provide that the term of
service of elected and appointed administrative judges shall be provided by
the rules of the Idaho Supreme Court.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 68-1-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,
McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- McKague
Absent and excused -- Lake
Floor Sponsor - Wills
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 29-0-6
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Sweet, Werk
NAYS -- None
Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
Floor Sponsor - Richardson
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/24 Governor signed
Session Law Chapter 320
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 642
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATIVE JUDGES; AMENDING SECTION 1-703, IDAHO CODE, TO
3 REVISE PROVISIONS RELATING TO THE ELECTION OF ADMINISTRATIVE JUDGES, TO
4 PROVIDE THAT THE TERM OF SERVICE OF ELECTED AND APPOINTED ADMINISTRATIVE
5 JUDGES SHALL BE PROVIDED BY THE RULES OF THE IDAHO SUPREME COURT AND TO
6 MAKE TECHNICAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 1-703, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 1-703. JURISDICTION OF JUDGES WHERE MORE THAN ONE -- ADMINISTRATIVE
11 JUDGE. Where there is more than one (1) judge in any district, the jurisdic-
12 tion of the respective judges of said district shall be equal and coextensive
13 with the boundaries of the district. In each judicial district there shall be
14 an administrative judge elected by a majority of the other district judges
15 within the district to serve for such term as the other district judges dele-
16 gate a period of time as provided by rules of the Idaho supreme court. In the
17 event a majority of the district judges cannot agree as to who shall be the
18 administrative judge, then the appointment of the administrative judge shall
19 be by a majority of the Idaho Ssupreme Ccourt justices for a term not to
20 exceed two (2) years period of time as provided by rules of the Idaho supreme
21 court. The administrative judge is hereby granted all powers and duties here-
22 tofore or hereafter granted to the senior district judge, and the administra-
23 tive judge shall apportion the business of such district among such judges as
24 equally as may be, but any judge shall have full power to hold terms of court,
25 transact judicial business, make orders, grant or refuse writs and generally
26 exercise all the powers of a district judge without the concurrence of the
27 other judge or judges. The administrative judge shall receive an annual salary
28 in an amount of one thousand five hundred dollars ($1,500) greater than the
29 annual salary of a district judge to compensate for the additional duties of
30 the office.
STATEMENT OF PURPOSE
RS 13901
This bill amends Section 1-703, Idaho Code, which creates the
office of administrative judge of a judicial district, to provide
that the administrative judge shall serve a period of time
established by rule of the Idaho Supreme Court. The duties of an
administrative judge are prescribed by statute and rules of the Idaho
Supreme Court, and administrative judges work closely with the Idaho
Supreme Court in administering the Idaho court system.
As currently provided, the administrative judge is elected to
a term of office the length of which is determined by the other
district judges in the district or, in an isolated case when the
district judges cannot agree on a candidate, by the Supreme Court.
The term of office and turnover of administrative judges varies from
judicial district to judicial district.
The amendment proposed by this legislation authorizes the
Supreme Court to designate the period of time an elected or appointed
administrative judge serves, thereby helping to assure a greater
depth of experience and continuity of leadership in carrying out
Supreme Court policies and the duties of their office.
FISCAL NOTE
This bill will not affect the state general fund or local funds.
Contact Persons:
Representative Richard Wills
(208) 332-1000
Patricia Tobias
Administrative Director of the Courts
Ph: (208) 334-2246
Statement of Purpose/Fiscal Note H 642