SENATE BILL NO. 1006

2007 Legislation

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SENATE BILL NO. 1006 – District judge, appointment, term

View Statement of Purpose / Fiscal Impact

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Bill Status


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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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