TITLE 1

COURTS AND COURT OFFICIALS

CHAPTER 21

JUDICIAL COUNCIL

1-2102.  Duties of council. The judicial council shall:

(1)  Conduct studies for the improvement of the administration of justice;

(2)  Make reports to the supreme court and legislature at intervals of not more than two (2) years;

(3)  Submit to the governor the names of not less than three (3) and not more than four (4) qualified persons for each vacancy in the office of justice of the supreme court, judge of the court of appeals, or district judge, one (1) of whom shall be appointed by the governor; provided that the council shall submit only the names of those qualified persons who are eligible to stand for election pursuant to section 1-2404, 34-615, or 34-616, Idaho Code; and provided further, that for each vacancy the governor may request one (1) time that up to three (3) additional names be submitted for the vacancy, in which case the council shall solicit interest in the vacancy a second time and submit the number of additional qualified applicants as the governor requested for the vacant position to be considered with the original list;

(4)  For each list of names submitted to the governor under subsection (3) of this section, provide to the governor a report summarizing the factors considered in including each person on the list. Such factors may include references to comments and ratings received by the council regarding each nominee as well as other qualifications and considerations that the council considered in making its recommendations; provided however, that a comment that is not a public record or subject to disclosure pursuant to court rule shall not be disclosed in this report;

(5)  Recommend the removal, discipline, and retirement of judicial officers, including magistrates;

(6)  Prepare an annual budget request in the form prescribed in section 67-3502, Idaho Code, and submit such request to the supreme court, which shall include such request as submitted by the judicial council in the annual budget request of the judicial department;

(7)  Not less than forty-eight (48) hours prior to an interview of an applicant by the judicial council, if requested by an applicant, disclose to the applicant any written information or comments provided to the judicial council about the applicant, removing information that would identify the commenter, as part of or to be considered in the application and interview process. No written information submitted to the council shall be submitted to council members nor considered by them if it has been requested by, but not disclosed to, the applicant to whom the information relates. If such information is not a public record or is not subject to disclosure pursuant to court rule, it shall not be publicly disclosed in any manner by any person except as permitted by this section; and

(8)  Such other duties as may be assigned by law.

History:

[1-2102, added 1967, ch. 67, sec. 2, p. 153; am. 1985, ch. 29, sec. 3, p. 53; am. 1990, ch. 71, sec. 2, p. 153; am. 2011, ch. 13, sec. 1, p. 40; am. 2023, ch. 210, sec. 2, p. 586.]