State judiciary, judicial council
STATE JUDICIARY – Amends existing law to revise provisions regarding membership of and appointments to the judicial council, to revise a provision regarding a duty of the judicial council, to provide for certain duties of the judicial council, and to provide for nonpartisan ballots for the election of judges of the court of appeals.

RS30562 / S1148

This legislation addresses the filling of judicial vacancies and changes the term of appointment of judicial council membership from six (6) years to four (4) years.

In addition, it does the following: (1) It changes the way the members of the Judicial Council are chosen. Currently the Idaho State Bar appoints three lawyers to the Council, with no review from the Governor’s office, comprising half of the Council’s membership. This legislation changes that process so the Bar recommends a slate for two positions, from which the Governor will appoint those two members to the Council, with consent of the senate. The Governor retains authority to appoint the other half of the Council who are non-lawyers, with consent of the senate. (2) It changes the membership from seven (7) members to nine (9) members to add an additional public member and a magistrate judge as a permanent member of the Council and allows both the magistrate and district judge positions to be appointed by the Governor from a slate nominated by the Supreme Court, and still confirmed by the senate. Currently, the Idaho State Bar also nominates the district judge position. (3) This legislation also allows the Governor ask the Judicial Council to augment a slate of nominees provided by the Judicial Council to fill a judicial vacancy. (4) It makes public information concerning the applicants to fill a judicial vacancy who are on a slate of applicants provided to the Governor for appointment. (5) It allows applicants to see survey comments which are solicited from Idaho State Bar members and the public, which previously were withheld from applicants, but provides that comments are not public. Providing comments to applicants can increase accountability for comments submitted in support or opposition of applicants. (6) It removes the ballot information that gives incumbency an advantage in contested elections.

Bill Events
Date Description
03/07 Introduced; read first time; referred to JR for Printing
03/08 Reported Printed; referred to Judiciary & Rules
03/13 Reported out of Committee with Do Pass Recommendation; Filed for second reading
03/14 Read second time; filed for Third Reading
03/15 Read third time in full – PASSED - 29-4-2
AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Ricks, Schroeder, Taylor, Trakel, VanOrden, Ward-Engelking, Winder, Zuiderveld
NAYS – Just, Rabe, Ruchti, Wintrow
Absent and excused – Semmelroth, Toews
Floor Sponsor - Lee
Title apvd - to House
03/16 Received from the Senate, Filed for First Reading
Read First Time, Referred to Judiciary, Rules & Administration
03/20 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
03/21 Read second time; Filed for Third Reading
03/22 Read Third Time in Full – PASSED - 59-11-0
AYES – Alfieri, Allgood, Andrus, Barbieri, Blanksma, Boyle, Bundy, Cannon, Cheatum, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Gallagher, Garner, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker
NAYS – Berch, Burns, Chew, Galaviz, Gannon, Green, Mathias, Nash, Necochea, Roberts, Rubel
Absent – None
Floor Sponsor - Skaug
Title apvd - to Senate
03/23 Returned From House Passed; referred to enrolling
Reported enrolled; signed by President; to House for signature of Speaker
03/24 Received from Senate; Signed by Speaker; Returned to Senate
Reported signed by the Speaker & ordered delivered to Governor
Reported delivered to Governor at 11:15 a.m. on 03/24/23
03/31 Signed by Governor on 03/30/23
Session Law Chapter 210
Effective: 07/01/2023