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S1006................................................by JUDICIARY AND RULES DISTRICT JUDGES - Amends existing law relating to district judges to clarify the term of appointment in certain circumstances. 01/15 Senate intro - 1st rdg - to printing 01/16 Rpt prt - to Jud 01/22 Rpt out - rec d/p - to 2nd rdg 01/23 2nd rdg - to 3rd rdg 01/24 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Kelly, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Burkett, Jorgenson, Keough Floor Sponsor - Darrington Title apvd - to House 01/25 House intro - 1st rdg - to Jud 02/01 Rpt out - rec d/p - to 2nd rdg 02/02 2nd rdg - to 3rd rdg 02/05 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Edmunson, McGeachin Floor Sponsor - Wills Title apvd - to Senate 02/06 To enrol 02/07 Rpt enrol - Pres signed 02/08 Sp signed 02/09 To Governor 02/12 Governor signed Session Law Chapter 1 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007 IN THE SENATE SENATE BILL NO. 1006 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DISTRICT JUDGES; AMENDING SECTION 1-702, IDAHO CODE, TO CLARIFY 3 THE TERM OF APPOINTMENT IN CERTAIN CIRCUMSTANCES. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 1-702, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 1-702. DISTRICT JUDGES -- ELECTION AND TERM -- NEW DISTRICT JUDGESHIP AND 8 APPOINTMENT TO FILL VACANCY. The district court is presided over by district 9 judges chosen by the qualified electors of their respective districts for a 10 term of four (4) years, except that upon the creation of a new district judge- 11 ship in any district or upon the appointment by the governor to fill a vacancy 12 in a district judgeship in any district, such judge shall be appointed to hold 13 office until the first Monday in January following the next general election 14 for district judges occurring at least one (1) year following the date of the 15 judge's appointment and until his successor is elected and qualified.
STATEMENT OF PURPOSE RS 16582 This bill is one of a series of bills that the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required under article V, section 25 of the Idaho Constitution. Idaho Code 1-702 now states that a district judge who is selected to fill a vacancy "shall be appointed to hold office until the next general election for district judges occurring at least one (1) year following the date of the judge's appointment and until his successor is elected and qualified." This gives the impression that if the appointed district judge does not win the election, the winning candidate immediately takes office and displaces the appointed judge Actually, the appointed judge continues in office until his successor's term begins on the first Monday in January following the election, as provided in Idaho Code 67-302. This bill would amend Idaho Code 1-702 to make it consistent with Idaho Code 67-302. FISCAL NOTE This bill would have no impact on the general fund. Contact Person: Patricia Tobias Administrative Director of the Courts (208) 334-2246 S 1006