2005 Legislation
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HOUSE BILL NO. 206 – Judges, senior, payment limits

HOUSE BILL NO. 206

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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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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 any calendar fiscal 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
 11    calendar  fiscal  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 / Fiscal Impact


                        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