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S1270................................................by JUDICIARY AND RULES
COURT OF APPEALS - Amends existing law to increase the number of judges on
the Court of Appeals.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Burkett
Floor Sponsor - Darrington
Title apvd - to House
01/31 House intro - 1st rdg - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Block, Bock,
Boe, Bolz, Bowers, 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, McGeachin, Mortimer,
Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo(Cooke),
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shively, Smith(30), Smith(24), Snodgrass, Stevenson,
Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Andrus, Black, Nielsen, Shirley
Floor Sponsor - Clark
Title apvd - to Senate
02/15 To enrol
02/18 Rpt enrol - Pres signed
02/19 Sp signed
02/20 To Governor
02/21 Governor signed
Session Law Chapter 24
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1270 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE COURT OF APPEALS; AMENDING SECTION 1-2404, IDAHO CODE, TO 3 INCREASE THE NUMBER OF JUDGES ON THE COURT OF APPEALS, TO DELETE OBSOLETE 4 LANGUAGE, AND TO PROVIDE FOR APPOINTMENT AND TERM OF OFFICE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 1-2404, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 1-2404. NUMBER OF JUDGES -- QUALIFICATIONS -- CONDUCT AND DISCIPLINE -- 9 TERM -- SELECTION -- ELECTION -- COMPENSATION. (1) The court of appeals shall 10 consist ofthreefour (34) judges, and shall sit in panels of not less than 11 three (3) judges each. 12 (2) No person shall be appointed or elected to the office of judge of the 13 court of appeals unless he has attained the age of thirty (30) years at the 14 time of his appointment or election, is a citizen of the United States, shall 15 have been admitted to the practice of law for at least ten (10) years prior to 16 taking office, and is admitted to practice law in the state of Idaho, and has 17 resided within this state two (2) years next preceding his appointment or 18 election. 19 (3) A judge of the court of appeals shall be governed by the code of 20 judicial conduct as promulgated by the Idaho supreme court, and shall be sub- 21 ject to removal, discipline, or retirement pursuant to section 1-2103, Idaho 22 Code. 23 (4) (a) Judges of the court of appeals shall be appointed by the governor 24 effective the first Monday of January, 1982, for the following initial 25 terms: one (1) judge shall be appointed for a term to expire on the first 26 Monday of January, 1985, one (1) judge shall be appointed for a term 27 expiring two (2) years later, and one (1) judge shall be appointed for a 28 term expiring two (2) further years later. Thereafter, the term of office 29 of a judge of the court of appeals shall be six (6) years, except that no30judge of the court of appeals shall serve beyond the limits set forth in31section 1-2007, Idaho Code. 32 (b) Vacancies in the office of judge of the court of appeals shall be 33 filled in the same manner as vacancies in the office of supreme court jus- 34 tice or district judge. 35 (c) The positions of judges of the Idaho court of appeals shall first be 36 filled as vacancies. The judicial council shall submit to the governor its 37 recommendations for the offices at the earliest practicable time after the 38 effective date of this act. The governor may make the appointment at any 39 time thereafter, to be effective the first Monday of January, 1982, for 40 the terms set forth in section 1-2404(4)(a), Idaho Code. 41 (d) In making its nominations for the initial vacancies to be created by 42 this act, the Idaho judicial council shall submit the names of not less 43 than six (6) nor more than nine (9) qualified persons for the initial 2 1 three (3) vacancies to be created by this act. Otherwise, the judicial 2 council shall submit the names of not less than two (2) nor more than four 3 (4) persons for each vacancy. The governor shall appoint the judges, iden- 4 tifying each appointment by the length of the term of appointment. 5 (e) Nominations and appointments to fill initial or subsequent vacancies 6 shall be made with due regard for balanced geographical membership of the 7 court of appeals. 8 (f) Subsequent terms of office of a judge who has been appointed to the 9 court of appeals shall be subject to a statewide nonpartisan election to 10 be held in the primary election next preceding the expiration of an 11 appointed term in the same method and manner as a justice of the supreme 12 court. 13 (g) A fourth judge of the court of appeals shall be appointed by the gov- 14 ernor effective the first Monday of January, 2009, for an initial term to 15 expire on the first Monday of January, 2013. Thereafter, the term of 16 office for this position shall be six (6) years. The judicial council 17 shall submit the names of not less than two (2) nor more than four (4) 18 persons for the initial vacancy in this position under the procedure set 19 forth in section 1-2102, Idaho Code. This position shall be subject to all 20 of the provisions relating to qualifications, removal, discipline, retire- 21 ment, filling of vacancies, election and compensation set forth in this 22 chapter. 23 (5) Judges of the court of appeals shall receive an annual salary in an 24 amount of one thousand dollars ($1,000) less than the annual salary of a 25 supreme court justice and except for judges who have made an election to 26 remain in the public employee retirement system of Idaho pursuant to section 27 1-2011, Idaho Code, shall receive compensation upon retirement as provided in 28 chapter 20, title 1, Idaho Code.
STATEMENT OF PURPOSE
RS 17451
This bill would add a fourth judge to the Idaho Court
of Appeals. The addition of this position has been
recommended by the Supreme Court and the Task Force on
Idaho's Court of Appeals, chaired by Dean Donald Burnett of
the University of Idaho College of law and bringing together
judges, members of the Legislature, the Attorney General,
distinguished members of the Idaho State Bar, and others to
consider the future needs of the Court of Appeals.
The Legislature created the Court of Appeals in 1980 to
assist the Supreme Court in handling Idaho's burgeoning
appellate caseload and to reduce delays in deciding appeals.
The Court of Appeals has accomplished this mission, serving
Idaho with distinction and achieving an outstanding record
of quality and efficiency. But the Court's caseload has
increased from 206 appeals in 1982 to an average of over 500
appeals per year over the last six years. The addition of a
fourth judge, with the Court continuing to sit in three-
judge panels, will enable the Court to achieve greater
efficiency and timeliness in the resolution of appeals, and
to issue the highest quality of opinions.
The bill would also delete an obsolete reference to
Idaho Code 1-2007, a statute that was repealed in 1984.
FISCAL NOTE
The annual cost to the general fund for a new judge of
the Court of Appeals, along with a judicial assistant and
two law clerks, will be approximately $368,000.
Contact Persons:
Senator Denton Darrington, Chair, Senate Judiciary & Rules
Committee (208) 332-1317
Representative Jim Clark, Chair, House Judiciary, Rules &
Administration Committee (208) 332-1127
STATEMENT OF PURPOSE/FISCAL NOTE S 1270