2008 Legislation
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SENATE BILL NO. 1270<br /> – Court of appeals, judges, number


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Bill Status

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.
      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

Bill Text

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


                                       IN THE SENATE

                                    SENATE BILL NO. 1270

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT

  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:

  9    TERM -- SELECTION -- ELECTION -- COMPENSATION. (1) The court of appeals  shall
 10    consist  of  three  four (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  no
 30        judge  of  the court of appeals shall serve beyond the limits set forth in
 31        section 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


  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 / Fiscal Impact

                    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