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H0206................................by JUDICIARY, RULES AND ADMINISTRATION SENIOR JUDGES - Amends existing law to provide that payment limitations shall not apply if the Chief Justice of the Supreme Court determines that extended service by a senior judge is required because of extraordinary circumstances. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 67-1-2 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett Absent and excused -- Black, Collins Floor Sponsor - Harwood Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams NAYS -- None Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat vacant) Floor Sponsor - Darrington Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 188 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 206 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO SENIOR JUDGES; AMENDING SECTIONS 1-2005 AND 1-2221, IDAHO CODE, TO 3 REFER TO FISCAL YEARS AND TO PROVIDE THAT PAYMENT LIMITATIONS SHALL NOT 4 APPLY IF THE CHIEF JUSTICE OF THE SUPREME COURT DETERMINES THAT EXTENDED 5 SERVICE BY A SENIOR JUDGE IS REQUIRED BECAUSE OF EXTRAORDINARY CIRCUM- 6 STANCES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 1-2005, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 1-2005. SENIOR JUDGE -- ASSIGNMENT -- DUTIES AND POWERS -- COMPENSATION 11 AND EXPENSES -- QUALIFICATIONS AND OATH. (1) A justice or judge who leaves 12 office or retires from the supreme court, court of appeals or a district 13 court, except a justice or judge retired under the provisions of section 14 1-2001(4), Idaho Code, may be designated a senior judge of the state of Idaho 15 by the supreme court. 16 (2) Upon filing with the secretary of state an oath of office as a senior 17 judge as prescribed in subsection (7) of this section, a senior judge is eli- 18 gible for temporary assignment by the supreme court to a state court as pro- 19 vided in this subsection, whenever the supreme court determines that the 20 assignment is reasonably necessary and will promote the more efficient admin- 21 istration of justice. A senior judge may sit as a district or magistrate judge 22 of the district court of any county or may sit with the supreme court or court 23 of appeals or may perform such other duties pertaining to the judicial depart- 24 ment of government as may be requested. 25 (3) The assignment of a senior judge shall be made by an order which 26 shall designate the court or duties to which the judge is assigned and the 27 duration of the assignment. Promptly after assignment of a senior judge under 28 this section, the supreme court shall cause a certified copy of the order to 29 be sent to the senior judge and another certified copy to the court to which 30 the judge is assigned. 31 (4) Each senior judge assigned as provided in this section has all the 32 judicial powers and duties, while serving under the assignment, of a regularly 33 qualified judge of the court to which the senior judge is assigned. 34 (5) A senior judge assigned as provided in this section, other than one 35 performing services required by section 1-2001(2)(b), Idaho Code, shall 36 receive as compensation for each day the senior judge is actually engaged in 37 the performance of duties under the assignment an amount equal to eighty-five 38 percent (85%) of the daily salary of the highest office in which the senior 39 judge served. However, a retired judge shall not receive for services as a 40 senior judge during anycalendarfiscal year a sum of money which when added 41 to the amount of any judicial retirement pay received by the senior judge for 42 the year exceeds the current annual salary of the highest office in which the 43 senior judge served; except that this limitation shall not apply if the chief 2 1 justice of the supreme court determines that extended service by one (1) or 2 more senior judges is required because of extraordinary circumstances, such as 3 a natural disaster or a judge's absence from service due to military service 4 or medical disability. Services by a senior judge under an assignment and 5 receipt of compensation for services shall not reduce or otherwise affect the 6 amount of any retirement pay to which the senior judge otherwise would be 7 entitled. Such additional compensation above the retirement compensation bene- 8 fits accruing to such senior judge shall be paid from the general fund in 9 accordance with appropriations provided by the legislature. 10 (6) A senior judge assigned to a court located outside the county in 11 which the senior judge regularly resides shall receive, in addition to any 12 daily compensation, reimbursement for traveling and subsistence expenses nec- 13 essarily incurred in the performance of duties under the assignment. The 14 expenses shall be paid upon presentation of an itemized statement of the 15 expenses, certified by the senior judge to be correct. 16 (7) To be eligible for assignment, a senior judge must: maintain a resi- 17 dence within the state; not engage in the practice of law other than as a 18 mediator or arbitrator or similar alternate dispute resolution function; not 19 accept a position in another branch of state government or any political sub- 20 division; not accept a position in the government of the United States or of 21 another state or nation; and take, subscribe and file with the secretary of 22 state, the following oath or affirmation: 23 "I, ..............., do solemnly swear (or affirm, as the case may 24 be) that as a senior judge of the state of Idaho, I will support the 25 Constitution of the United States and the Constitution of the State 26 of Idaho, and that upon hereafter accepting any assignment to serve 27 as a judge of a court of this state I will faithfully discharge the 28 duties thereof to the best of my ability.". 29 (8) Except as provided in section 1-2001(2)(b), Idaho Code, any period of 30 service rendered by a senior judge shall not in any way be computed for addi- 31 tional retirement benefits, and the state controller shall not receive or 32 deduct any sum for transfer to the judges' retirement fund or to the public 33 employee retirement system of Idaho. 34 SECTION 2. That Section 1-2221, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 1-2221. SENIOR JUDGE -- ASSIGNMENT -- DUTIES AND POWERS -- COMPENSATION 37 AND EXPENSES -- QUALIFICATIONS AND OATH. (1) A magistrate judge who leaves 38 office or retires from the magistrates division of a district court, except a 39 magistrate judge retired under the provisions of section 59-1352, Idaho Code, 40 may be designated a senior judge of the state of Idaho by the supreme court. 41 (2) Upon filing with the secretary of state an oath of office as a senior 42 judge as prescribed in subsection (7) of this section, a senior judge is eli- 43 gible for temporary assignment, with the consent of the senior judge, by the 44 supreme court to a state court as provided in this subsection, whenever the 45 supreme court determines that the assignment is reasonably necessary and will 46 promote the more efficient administration of justice. A senior judge may sit 47 as a judge of the district court of any county or may sit with the supreme 48 court or court of appeals or may perform such other duties pertaining to the 49 judicial department of government as may be requested. 50 (3) The assignment of a senior judge shall be made by an order which 51 shall designate the court or duties to which the senior judge is assigned and 52 the duration of the assignment. Promptly after assignment of a senior judge 53 under this section, the supreme court shall cause a certified copy of the 3 1 order to be sent to the senior judge and another certified copy to the court 2 to which the senior judge is assigned. 3 (4) Each senior judge assigned as provided in this section has all the 4 judicial powers and duties, while serving under the assignment, of a regularly 5 qualified judge of the court to which the senior judge is assigned. 6 (5) A senior judge assigned as provided in this section shall receive as 7 compensation for each day the senior judge is actually engaged in the perfor- 8 mance of duties under the assignment an amount equal to eighty-five percent 9 (85%) of the daily salary of an active magistrate judge. However, a retired 10 magistrate judge shall not receive for services as a senior judge during any 11calendarfiscal year a sum of money which when added to the amount of any 12 judicial retirement pay received by the senior judge for the year exceeds the 13 current annual salary of an active magistrate judge; except that this limita- 14 tion shall not apply if the chief justice of the supreme court determines that 15 extended service by one (1) or more senior judges is required because of 16 extraordinary circumstances, such as a natural disaster or a judge's absence 17 from service due to military service or medical disability. Services by a 18 senior judge under an assignment and receipt of compensation for services 19 shall not reduce or otherwise affect the amount of any retirement pay to which 20 the senior judge otherwise would be entitled. Such additional compensation 21 above the retirement compensation benefits accruing to such senior judge shall 22 be paid from the general fund in accordance with appropriations provided by 23 the legislature. 24 (6) A senior judge assigned to a court located outside the county in 25 which the senior judge regularly resides shall receive, in addition to any 26 daily compensation, reimbursement for traveling and subsistence expenses nec- 27 essarily incurred in the performance of duties under the assignment. The 28 expenses shall be paid upon presentation of an itemized statement of the 29 expenses, certified by the senior judge to be correct. 30 (7) To be eligible for assignment, a senior judge must: maintain a resi- 31 dence within the state; not engage in the practice of law other than as a 32 mediator or arbitrator or similar alternate dispute resolution function; not 33 accept a position in another branch of state government or any political sub- 34 division; not accept a position in the government of the United States or of 35 another state or nation; and take, subscribe and file with the secretary of 36 state, the following oath or affirmation: 37 "I, ..............., do solemnly swear (or affirm, as the case may 38 be) that as a senior judge of the state of Idaho, I will support the 39 Constitution of the United States and the Constitution of the State 40 of Idaho, and that upon hereafter accepting any assignment to serve 41 as a senior judge of a court of this state I will faithfully dis- 42 charge the duties thereof to the best of my ability.". 43 (8) Any period of service rendered by a senior judge shall not in any way 44 be computed for additional retirement benefits, and the state controller shall 45 not receive or deduct any sum for transfer to the public employee retirement 46 system of Idaho.
STATEMENT OF PURPOSE RS14875 This bill would allow greater flexibility and efficiency in the assignment of senior judges by allowing an exception to the salary cap for such judges in extraordinary circumstances. Idaho Code 1-2221(5) states that "a retired magistrate judge shall not receive for services as a senior judge during any calendar year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the current annual salary of an active magistrate judge." Idaho Code 1-2005(5) contains a similar provision for other retired judges, limiting their combined pay to the current salary for the highest office in which the retired judge served. Normally, these salary caps do not pose a problem. Recently, however, the extended military service by Magistrate Judge Gordon Petrie of Gem County, combined with the restriction of the salary cap, has made it difficult to assign a senior judge to assume Judge Petrie's duties for an extended time. This bill would assist the administration of the courts by providing that the salary cap would not apply in a limited class of extraordinary circumstances, such as natural disasters, military service or medical disability. In addition, the bill would facilitate the application of the salary cap by providing that it applies to the salary received during a fiscal year, rather than a calendar year. FISCAL NOTE This bill would have no impact on the general fund. Contact Person: Patricia Tobias Administrative Director of the Courts (208) 334-2246 Statement of Purpose/Fiscal Note H 206