SENATE BILL NO. 1248

2008 Legislation

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SENATE BILL NO. 1248<br /> – Supreme Court, justice pro tem

View Statement of Purpose / Fiscal Impact

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Bill Status


S1248................................................by JUDICIARY AND RULES
SUPREME COURT - Adds to existing law to provide for assignment of a justice
pro tempore in the event of a vacancy, disqualification, disability or
absence of a Supreme Court justice.

01/10    Senate intro - 1st rdg - to printing
01/11    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
      Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- McKenzie, Pearce
    Floor Sponsor - Lodge
    Title apvd - to House
01/30    House intro - 1st rdg - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
      McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
      Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
      Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
      Woude, Wills, Wood(27), Wood(35)
      NAYS -- None
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Shirley
    Title apvd - to Senate
02/20    To enrol
02/21    Rpt enrol - Pres signed
02/22    Sp signed
02/25    To Governor
02/26    Governor signed
         Session Law Chapter 34
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1248

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO ASSIGNMENT OF JUSTICE PRO TEMPORE TO SUPREME COURT; AMENDING TITLE
  3        1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 1-215, IDAHO CODE, TO PRO-
  4        VIDE FOR ASSIGNMENT OF A JUSTICE PRO TEMPORE IN THE EVENT OF VACANCY, DIS-
  5        QUALIFICATION, DISABILITY OR ABSENCE OF A SUPREME COURT JUSTICE.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION 1.  That Chapter 2, Title 1, Idaho  Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 1-215, Idaho Code, and to read as follows:

 10        1-215.  ASSIGNMENT OF JUSTICE PRO TEMPORE IN EVENT OF VACANCY, DISQUALIFI-
 11    CATION, DISABILITY OR ABSENCE. (1) When there is a vacancy in any of the posi-
 12    tions of justice of the supreme court, and until the vacancy is filled as pro-
 13    vided by law, the supreme court may assign a senior  justice  of  the  supreme
 14    court,  an active or senior judge of the court of appeals, an active or senior
 15    district judge, or an active or senior magistrate judge  to  sit  in  a  cause
 16    before the supreme court.
 17        (2)  When a justice of the supreme court is disqualified from sitting in a
 18    cause  before  the  supreme court or is unable to sit in such cause because of
 19    disability or absence, the supreme court may assign a senior  justice  of  the
 20    supreme court, an active or senior judge of the court of appeals, an active or
 21    senior  district judge, or an active or senior magistrate judge to sit in such
 22    cause.
 23        (3)  A senior justice of the supreme court, an active or senior  judge  of
 24    the  court  of  appeals,  an  active or senior district judge, or an active or
 25    senior magistrate judge assigned pursuant to this section shall  exercise  all
 26    of  the powers of a justice of the supreme court as to the cause upon which he
 27    or she is assigned to sit.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 17454

       This bill clarifies the method of filling temporary
  vacancies on the Supreme Court that arise when a justice is
  unable to hear a particular case due to absence, disability
  or disqualification, or when the Governor has not yet filled
  a vacancy on the Court.  It provides that in such cases, the
  Supreme Court may assign a senior justice, an active or
  senior district judge, or an active or senior magistrate
  judge to hear the case and to exercise the powers of a
  Supreme Court justice with regard to that case. 


   
                        FISCAL NOTE

       This bill would have no impact on the general fund.
  
  
 
  
  
  
  Contact:
  Patricia Tobias
  Administrative Director of the Courts
  (208) 334-2246


  STATEMENT OF PURPOSE/FISCAL NOTE                       S 1248