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S1288................................................by JUDICIARY AND RULES
DISTRICT MAGISTRATES COMMISSIONS - Amends and adds to existing law relating
to magistrate judges to revise magistrate judge membership and terms on
district magistrates commissions; to revise when a commission vacancy is
caused; to revise the office of secretary of district magistrate
commissions; to delete certain provisions relating to salaries; and to
provide for waiver of the right to a magistrate judge.
01/17 Senate intro - 1st rdg - to printing
01/18 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 - Hill
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 - Wills
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 38
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1288 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE MAGISTRATE DIVISION OF THE DISTRICT COURT; AMENDING SECTION 3 1-2203, IDAHO CODE, TO REVISE MAGISTRATE JUDGE MEMBERSHIP AND TERMS ON 4 DISTRICT MAGISTRATES COMMISSIONS, TO PROVIDE CORRECT TERMINOLOGY, TO 5 REVISE WHEN A COMMISSION VACANCY IS CAUSED AND TO MAKE TECHNICAL CORREC- 6 TIONS; AMENDING SECTION 1-2204, IDAHO CODE, TO REVISE THE OFFICE OF SECRE- 7 TARY FOR DISTRICT MAGISTRATES COMMISSIONS AND TO MAKE TECHNICAL CORREC- 8 TIONS; AMENDING SECTION 1-2205, IDAHO CODE, TO PROVIDE CORRECT TERMINOL- 9 OGY, TO PROVIDE A CODE REFERENCE, TO DELETE PROVISIONS RELATING TO SALA- 10 RIES AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING CHAPTER 8, TITLE 31, 11 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-879, IDAHO CODE, TO PRO- 12 VIDE FOR WAIVER OF RIGHT TO MAGISTRATE JUDGE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 1-2203, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 1-2203. DISTRICT MAGISTRATES COMMISSION -- MEMBERS. (1) There is hereby 17 established in each judicial district of the state of Idaho a district magis- 18 trates commission to be known as the "district magistrates commission of the 19 .... judicial district," the members of which shall consist of the chairman of 20 the board of county commissioners of each county in the district or member of 21 such board designated by the chairman, the mayors of three (3) municipalities, 22 one (1) of whom shall be from a city of over ten thousand (10,000) population, 23 in the district to be appointed by the governor, two (2) qualified electors 24 residing within the district to be appointed by the governor, the administra- 25 tive judge of the district or district judge of the district designated by 26 him, two (2) attorneys nominated by the district bar associations in each dis- 27 trict and appointed by the Idaho state bar, and a magistrate judge in the dis- 28 trict,who shall be a nonvoting member,to be appointed byand serve at the29pleasure ofthe administrative district judge. Temporary attorney members may 30 be nominated in such number as the bar association in each district deems 31 appropriate at any time by the respective district bar association and 32 appointed by the Idaho state bar to fill any temporary attorney member vacancy 33 on the district magistrates commissions. Each of the members shall be over the 34 age of majority and shall be and remain a citizen of the United States, a bona 35 fide resident of the state and district and of good moral character. 36 (2) Forthwith after making any appointments to such commissions the 37 respective appointing authorities shall duly certify in writing to the admin- 38 istrative director of the courts and to the secretary of state the following 39 facts with respect to each appointee: 40 (a) Full name,; 41 (b) Age,; 42 (c) Residence address,; 43 (d) If employed, the nature ofhisthe appointee's occupation and busi- 2 1 ness address,; 2 (e) The name of the district magistrate commission to which appointed,; 3 (f) The date of expiration of term for which appointed,; 4 (g) Except for the initial appointees under this act, the name of the 5 personhethe appointee succeeds on the commission,; and,6 (h) If avotingmember other than a mayor, magistrate judge or district 7 judge,histhe appointee's political party. 8 (3) Novotingmember, other than the persons appointed while serving as 9 mayor,orcounty commissioner,andmagistrate judge or district judge shall 10 hold any city, county or state elective office or be employed by the state or 11 any city or county whilehe isa member of the commission. 12 (4) The two (2) attorney members shall serve for a term of two (2) years 13 and may succeed themselves for two (2) additional terms. The qualified elector 14 members shall serve terms of six (6) years each and may succeed themselves. 15 The mayors shall serve terms of six (6) years and may succeed themselves, pro- 16 vided that their terms will end when they cease to hold the office which 17 entitles them to membership on the commission. The magistrate judge shall 18 serve a two (2) year term which may be renewed up to a total of six (6) years. 19 Appointments to fill vacancies shall be made by the initial appointing author- 20 ity for the unexpired term. 21 (5) A vacancy on the commission shall be caused by a voting member dying, 22 resigning, moving his or her residence outside the district, moving his or her 23 residence to another county and, in the case of a mayor, magistrate judge, 24 district judge or county commissioner member, losing his or her status as such 25 official for any reason; provided, however, that except in the case of death 26 or resignation of avotingmember,hethe member shall continue to serve 27 untilhisa successor is duly appointed and qualified. A vacancy on the com- 28 mission shall be caused by an attorney member dying, resigning, moving his or 29 her residence to without the district or being suspended or disbarred from the 30 practice of law. A temporary vacancy on the commission shall be caused by an 31 attorney memberhaving been engaged in the practice of law as a partner of an32applicant orcurrently practicing law in the same firm as an applicant seeking 33 a magistrate judge's position in the commission's judicial district,of the34attorney memberor by an attorney member or a magistrate judge member having 35 been engaged in the practice of law as a partner of such applicant within the 36 last five (5) years. It shall be the duty of any member who has become dis- 37 qualified for any reason promptly to report that fact in writing to the chair- 38 man and secretary of the commission. It shall be the duty of the chairman or 39 secretary promptly to report in writing to the appropriate appointing author- 40 ity, the existence of any vacancy on the commission. 41 SECTION 2. That Section 1-2204, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 1-2204. DISTRICT MAGISTRATES COMMISSION -- MEETINGS -- QUORUM -- OFFICERS 44 -- RULES. The district magistrates commission of each judicial district shall 45 meet initially to organize and transact any necessary business on the second 46 Monday of September, 1977, unless earlier convened, and at such other times as 47 shall be necessary in the discharge of its official duties. The commission 48 shall meet at the times and places determined by the commission or by the 49 chairman after reasonable notice. In addition a meeting may be called by any 50 three (3) of the voting members after reasonable notice. A majority of the 51 voting members of the commission shall constitute a quorum. The commission 52 shall act by affirmative vote of a majority of the voting members present. The 53 commission shall elect a vice-chairmanand secretaryto serve until the 30th 3 1 day of June of the next succeeding year or untiltheira successors beis 2 elected. The trial court administrator shall ordinarily serve as secretary of 3 the commission but a member of the commission may be appointed to do so at the 4 discretion of the administrative district judge, or district judge designee. 5 The commission may adopt rules for the administration of its duties not 6 inconsistent with applicable provisions of law. Thechairman andsecretary 7 shall maintain theduplicateofficial minutes of all meetings of actions taken 8 by the commission. 9 SECTION 3. That Section 1-2205, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 1-2205. DISTRICT MAGISTRATES COMMISSION -- POWERS AND DUTIES. The dis- 12 trict magistrates commission shall have the following powers and duties: 13 (a) To determine the number and location of magistratesjudges to be 14 appointed within the judicial district, subject to appropriations by the leg- 15 islature, pursuant to section 1-2215, Idaho Code; provided, that there shall 16 be at least one (1) resident magistrate judge appointed in each county, except 17 for those counties in which the board of county commissioners, at any time, 18 has adopted by majority vote, without subsequent rescission, a resolution 19 waiving the right to a resident magistrate judge, pursuant to section 31-879, 20 Idaho Code; 21 (b) To appoint the magistratesjudges within the district on a nonparti- 22 san merit basis, except as provided in section 1-2220, Idaho Code; 23 (c)To recommend to the legislature the salaries to be paid to the magis-24trates within the district;25(d)To conduct studies for the improvement of the administration of jus- 26 tice within the district and to make recommendations for improvements therein 27 to the legislature, theSsupremeCcourt, the district court and such other 28 governmental agencies as may be interested in or affected by such recommenda- 29 tions. 30 The actions of the commission pursuant to subsections (a),and (b)and (c)31hereofof this section shall be subject to disapproval by a majority of the 32 district judges in the district within thirty (30) days after written notice 33 to the district judges of the commission's actions, unless such time be 34 extended for good cause by order of theSsupremeCcourt. 35 SECTION 4. That Chapter 8, Title 31, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 37 ignated as Section 31-879, Idaho Code, and to read as follows: 38 31-879. WAIVER OF RIGHT TO MAGISTRATE JUDGE. The board of county commis- 39 sioners shall have the authority to adopt by majority vote a resolution waiv- 40 ing the right to a resident magistrate judge to which the county would other- 41 wise be entitled pursuant to section 1-2205, Idaho Code. When a board of 42 county commissioners has adopted such a resolution, and has not subsequently 43 rescinded such resolution, the district magistrates commission for the judi- 44 cial district in which the county is located is not required to appoint a res- 45 ident magistrate judge for that county.
STATEMENT OF PURPOSE
RS 17461C1
This bill would update and streamline the statutes
relating to district magistrate commissions, which appoint
magistrate judges. It would provide that the magistrate
judge member of each commission, who currently has no vote,
would be a voting member. The bill would provide that the
trial court administrator of each district would be the
secretary of the commission, and the current requirement of
keeping duplicate minutes would be eliminated. The bill
provides that an attorney member would be disqualified from
serving if the attorney was a law partner of an attorney
magistrate candidate within the previous five years. The
bill eliminates an obsolete provision giving the commissions
the duty to recommend the salaries of magistrate judges. It
also includes the board of county commissioners' authority
to waive the right to a resident magistrate judge in the
chapter listing the powers of the county commissioners.
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 1288