Idaho § 1-2101 - Judicial council - Creation - Membership - Appointments - Vacancies

§ 1-2101. Judicial council - Creation - Membership - Appointments - Vacancies

(1) There is hereby created a judicial council that shall consist of nine (9) members. There shall be four (4) attorney members, one (1) of whom shall be a district judge, one (1) of whom shall be a magistrate judge, and two (2) of whom shall be members of the Idaho state bar. The district judge and magistrate judge members shall be appointed by the governor from a list of three (3) judges for each position submitted to the governor by the Idaho supreme court from the roster of judges currently serving as full-time judges in the state of Idaho with the consent of the senate. The two (2) nonjudicial attorney positions may be held by attorneys with any type of practice, provided they shall not both be attorneys whose practice as certified by them at the time of their appointment is predominantly civil defense, predominantly representing civil plaintiffs, predominantly criminal defense, or predominantly criminal prosecution. For each of the nonjudicial attorney positions, the Idaho state bar shall nominate from its membership and submit to the governor a list of three (3) attorneys who meet the criteria of this section. The governor shall select one (1) such attorney for each vacancy for appointment to the judicial council with the consent of the senate. There shall be four (4) non-attorney members that shall be appointed by the governor from the residents of the state of Idaho with the consent of the senate. If any of the above appointments are made during a recess of the senate, they shall be subject to consent of the senate at its next session. The term of office for an appointed member of the judicial council shall be four (4) years. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration for area representation and not more than five (5) of the appointed members shall be from one (1) political party. The chief justice of the supreme court shall be the ninth member and chairman of the judicial council. No more than two (2) of the nonjudicial members of the judicial council may hold any other office or position of profit under the United States or the state of Idaho. The judicial council shall act by concurrence of five (5) or more members and according to rules that it adopts.

(2) In selecting nonjudicial attorneys to nominate for membership on the judicial council, the Idaho state bar commission shall solicit applications from members of the state bar who are eligible for nomination as provided in subsection (1) of this section and shall make a good faith effort to solicit feedback on such attorneys to determine each applicant’s appropriateness to serve on the council.

(3) Members serving on the judicial council and confirmed by the senate as of July 1, 2023, shall continue to serve until the expiration of their terms. All subsequent appointments shall be made subject to the requirements of this section, provided that the length of the initial terms of the additional members added to the council by this act may be less than four (4) years as designated by the governor in his appointment in order to as nearly as practicable stagger the terms of newly appointed members and those currently serving in order to promote continuity and avoid disproportionate council turnover in any given year. Subsequent terms thereafter shall be for four (4) years as required in this section.

[1-2101, added 1967, ch. 67, sec. 1, p. 153; am. 1990, ch. 71, sec. 1, p. 153; am. 2023, ch. 210, sec. 1, p. 585.]