Lawmakers vote to approve Judicial Council changes

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Idaho’s legislative session wrapped up business on Friday, and lawmakers in both the Senate and House of Representatives aim to get their votes out on budget bills.

Among these bills, include HB 782, an appropriation bill regarding membership on the Judicial Council and the selection process for Idaho’s judges.

HB 782 was introduced in the House Ways and Means Committee on March 16, and in less than 48 hours was brought to the House floor on Friday for debate.

The bill makes several changes to Idaho’s Judicial Council, which serves to address complaints towards judicial members and direct the selection process for appointments during judicial vacancies.

Judicial members would be selected by the Idaho Supreme Court, and non-judicial attorney members would be appointed by the governor from a list of three from the Idaho state bar. There are no changes to the approval process of public members.

It would also allow the governor to reject a provided slate of nominees on a one-time basis if they choose, and be provided a new slate. Idaho’s council would increase from seven to eleven members and appointment terms would shorten from six to four years.

Lastly the bill provides that survey comments about qualifications of applicants are no longer anonymous to prospective judges. This requires the Judicial council to offer a public report explaining the decision behind nominee selections.

Representative Mike Moyle, R-Star, sponsored HB 782 and acknowledged the need for the Judicial Council but suggested it be improved.

“We’re starting to see more and more of our judges instead of retiring and filling out their term, retiring early and the Judicial Council replacing those judges… I understand we need that process, but I also have concerns that that process helps establish incumbency. It helps make it easier for that judge who was picked by somebody else to be elected.”

Representative Gary L. Marshall, R-Idaho Falls, debated against the bill explaining that it would not resolve the issue of incumbency.

“If there’s any reason for this bill, it must be political. Someone fears that our judges are too liberal or something, but I don’t know any Idaho judges that I would consider that way,” Marshall said.

The House voted to pass the bill with 44 in favor and 24 against, HB 782 was approved to move to the Senate for additional debate.

On March 24, Sen. Abby Lee, R-Fruitland, presented the bill to the Senate and another long debate on HB 782 followed.

Senator Patti Anne Lodge, R-Caldwell, said she appreciated aspects of the legislation, such as the increase to judges’ salary, but emphasized how changes to the judicial council and salary should be in different pieces of legislation out of “courtesy.”

“They are the third branch of government … We do have good judges in this state, and we have had good judges because of this judicial council taking the political process out of the election of our independent jurors,” Lodge said.

Senator Michelle Stennett, D-Ketchum, made the argument that HB 782 allows the executive branch to have increased influence.

“I’m concerned with how this bill consolidates a lot of power with the governor, who will have the power to appoint commissioners who oversee this election and discipline process, and then will have the final say in selecting the judge. So there can be a judicial bias by the governor at that point,” Stennett said.

Lee closed the debate highlighting the importance of increased transparency on the decisions behind how elected positions are filled.

The Senate approved HB 782 with 26 in favor and 9 against, and the bill was sent to Governor Little’s desk.