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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 - 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
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