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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1343
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
JUDGES;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
SECTION
1
-
2001,
2
IDAHO
CODE,
TO
PROVIDE
THAT
CERTAIN
JUDGES
SHALL
NOT
BE
ELIGIBLE
TO
3
SERVE
AS
A
SENIOR
JUDGE
AND
MAY
NOT
ELECT
TO
RECEIVE
CERTAIN
RETIREMENT
4
COMPENSATION,
TO
PROVIDE
FOR
WRITTEN
ACKNOWLEDGMENT,
AND
TO
PROVIDE
AN
5
EXCEPTION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
to
8
encourage
the
judges
of
Idaho
to
finish
their
terms
in
office.
In
1890,
it
9
was
the
intention
of
those
who
wrote
the
Constitution
of
the
State
of
Idaho
10
that
the
people
of
Idaho
would
elect
their
judges.
When
judges
finish
their
1
1
terms
in
office,
the
people
choose
the
replacement
judge
through
the
elec
-
12
toral
process.
This
legislation
promotes
the
election
of
judges
by
the
peo
-
13
ple.
14
SECTION
2.
That
Section
1
-
2001,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
1
-
2001.
SUPREME
COURT
JUSTICES,
COURT
OF
APPEALS
JUDGES
AND
DISTRICT
17
JUDGES
-
-
AGE
OF
RETIREMENT
-
-
COMPENSATION
ON
RETIREMENT.
18
(1)(a)
Every
person
who
served
as
a
justice
of
the
supreme
court
or
19
judge
of
the
court
of
appeals
or
district
judge
of
the
district
court
and
20
who
was
receiving
benefits
from
the
judges'
retirement
fund
before
July
21
1,
2000,
for
such
service,
shall
be
entitled
to
benefits
from
the
fund
22
according
to
the
formula
for
calculating
such
benefits
as
provided
in
23
subsection
(2)(a)
of
this
section.
24
(b)
The
term
"retirement
board"
as
used
in
this
chapter
shall
mean
the
25
retirement
board
created
by
section
59
-
1304,
Idaho
Code.
26
(2)
Any
person
who
is
now
serving
or
who
shall
hereafter
serve
as
a
jus
-
27
tice
of
the
supreme
court,
a
judge
of
the
court
of
appeals,
or
a
district
28
judge
of
a
district
court
of
this
state
shall
prior
to
retirement
elect
in
29
writing
to
retire
under
either
paragraph
(a)
or
(b)
of
this
subsection,
pro
-
30
vided
that
a
person
who
has
first
assumed
office
as
a
supreme
court
justice,
31
judge
of
the
court
of
appeals
or
district
judge
on
or
after
July
1,
2012,
32
and
who
is
eligible
to
receive
an
annual
retirement
compensation
only
un
-
33
der
the
criteria
set
forth
in
subsection
(3)(c)
of
this
section,
may
retire
34
only
under
paragraph
(a)
of
this
subsection.
Any
person
who
fails
to
make
35
the
election
provided
for
in
this
subsection
prior
to
retirement
or
who,
pur
-
36
suant
to
subsection
(9)(a)
of
this
section,
is
ineligible
to
elect
and
re
-
37
ceive
retirement
compensation
pursuant
to
the
provisions
of
paragraph
(b)
of
38
this
subsection
shall
receive
retirement
compensation
under
the
provisions
39
of
paragraph
(a)
of
this
subsection.
40
2
(a)(i)
On
or
after
July
1,
2000,
any
person
who
has
served
or
who
1
is
now
serving
or
who
shall
hereafter
serve
as
a
justice
of
the
2
supreme
court,
a
judge
of
the
court
of
appeals,
or
a
district
judge
3
of
a
district
court
of
this
state
may
leave
office
or
retire
and
4
be
entitled
to
receive,
and
to
have
paid
from
the
date
of
his
re
-
5
tirement
until
death,
an
annual
retirement
compensation
payable
6
in
monthly
installments
on
the
first
day
of
each
month.
7
(ii)
A
person
who
assumed
office
as
a
supreme
court
justice,
judge
8
of
the
court
of
appeals
or
district
judge
prior
to
July
1,
2012,
9
shall
receive
an
annual
retirement
compensation
based
upon
a
per
-
10
centage
of
the
current
annual
compensation
of
the
highest
office
1
1
in
which
such
person
served,
unless
such
person
makes
an
irrevoca
-
12
ble
election
no
later
than
August
1,
2012,
to
receive
upon
retire
-
13
ment
an
annual
retirement
compensation
based
upon
the
provisions
14
in
this
paragraph
applicable
to
justices
or
judges
who
first
as
-
15
sumed
such
office
on
or
after
July
1,
2012.
16
(iii)
A
person
who
first
assumed
office
as
a
supreme
court
justice,
17
judge
of
the
court
of
appeals
or
district
judge
on
or
after
July
1,
18
2012,
shall
receive
an
annual
retirement
compensation
based
upon
19
a
percentage
of
the
annual
compensation
at
the
time
of
such
per
-
20
son's
retirement
or
resignation
from
the
highest
office
in
which
21
such
person
served,
and
such
compensation
shall
be
adjusted
annu
-
22
ally
by
the
postretirement
allowance
adjustment
established
pur
-
23
suant
to
section
59
-
1355,
Idaho
Code.
24
(iv)
The
percentage
applicable
to
all
retiring
justices
and
25
judges
shall
be
equal
to
five
percent
(5%)
multiplied
by
the
number
26
of
years
served
as
either
justice
or
judge,
or
both,
for
the
first
27
ten
(10)
years
of
service
plus
two
and
one
-
half
percent
(2
1/2%)
28
multiplied
by
the
remaining
number
of
years
served
as
either
jus
-
29
tice
or
judge,
or
both,
but
in
any
event
the
total
percentage
shall
30
not
be
greater
than
seventy
-
five
percent
(75%).
31
(b)(i)
On
or
after
July
1,
2000,
any
person
who
is
now
serving
32
or
who
shall
hereafter
serve
as
a
justice
of
the
supreme
court,
a
33
judge
of
the
court
of
appeals,
or
a
district
judge
of
a
district
34
court
of
this
state
may
retire
from
office
and
be
entitled
to
35
receive,
and
to
have
paid
from
the
date
of
his
retirement
until
36
death,
an
annual
retirement
compensation
payable
in
monthly
in
-
37
stallments
on
the
first
day
of
each
month.
38
(ii)
A
person
who
assumed
office
as
a
supreme
court
justice,
judge
39
of
the
court
of
appeals
or
district
judge
prior
to
July
1,
2012,
40
shall
receive
an
annual
retirement
compensation
based
upon
a
per
-
41
centage
of
the
current
annual
compensation
of
the
highest
office
42
in
which
such
person
served,
unless
such
person
makes
an
irrevoca
-
43
ble
election
no
later
than
August
1,
2012,
to
receive
upon
retire
-
44
ment
an
annual
retirement
compensation
based
upon
the
provisions
45
of
this
paragraph
applicable
to
justices
or
judges
who
first
as
-
46
sumed
such
office
on
or
after
July
1,
2012.
47
(iii)
A
person
who
first
assumed
office
as
a
supreme
court
justice,
48
judge
of
the
court
of
appeals
or
district
judge
on
or
after
July
1,
49
2012,
shall
receive
an
annual
retirement
compensation
based
upon
a
50
3
percentage
of
the
annual
compensation
at
the
time
of
such
person's
1
retirement
or
resignation
of
the
highest
office
in
which
such
per
-
2
son
served,
and
such
compensation
shall
be
adjusted
annually
by
3
the
postretirement
allowance
adjustment
established
pursuant
to
4
section
59
-
1355,
Idaho
Code.
5
(iv)
The
percentage
applicable
to
all
retiring
justices
and
6
judges
shall
be
equal
to
five
percent
(5%)
multiplied
by
the
num
-
7
ber
of
years
served
as
either
justice
or
judge,
or
both,
for
the
8
first
ten
(10)
years
of
service
plus
two
and
one
-
half
percent
(2
9
1/2%)
multiplied
by
the
remaining
number
of
years
served
as
either
10
justice
or
judge,
or
both,
plus
two
and
one
-
half
percent
(2
1/2%)
1
1
multiplied
by
five
(5)
years
senior
judge
service,
but
in
any
event
12
the
total
percentage
shall
not
be
greater
than
seventy
-
five
per
-
13
cent
(75%).
14
(c)(i)
A
justice
or
judge
electing
to
retire
under
paragraph
(b)
15
of
this
subsection
and
who
assumed
office
as
a
supreme
court
jus
-
16
tice,
judge
of
the
court
of
appeals
or
district
judge
prior
to
July
17
1,
2012,
shall
serve
as
a
senior
judge,
without
compensation
other
18
than
annual
health
benefits,
for
thirty
-
five
(35)
days
per
year
19
for
a
period
of
five
(5)
years.
20
(ii)
A
justice
or
judge
electing
to
retire
under
paragraph
(b)
of
21
this
subsection
who
first
assumed
office
as
a
supreme
court
jus
-
22
tice,
judge
of
the
court
of
appeals
or
district
judge
on
or
after
23
July
1,
2012,
shall
serve
as
a
senior
judge,
without
compensation
24
other
than
annual
health
benefits,
for
sixty
(60)
days
per
year
for
25
a
period
of
five
(5)
years.
26
(iii)
A
justice
or
judge
who
serves
more
than
the
required
number
27
of
days
per
year
may
carry
over
the
additional
days
to
fulfill
the
28
senior
judge
service
obligation
in
future
years.
The
terms
and
29
conditions
of
such
senior
judge
service
shall
be
as
provided
under
30
section
1
-
2005,
Idaho
Code.
31
(d)
Upon
certification
from
the
chief
justice
that
any
justice
or
judge
32
who
retired
under
paragraph
(b)
of
this
subsection
has
failed
to
perform
33
the
senior
judge
services
required
under
paragraph
(c)
of
this
subsec
-
34
tion,
and
has
not
been
relieved
of
the
obligations
to
perform
those
ser
-
35
vices
in
the
manner
provided
by
this
subsection,
the
judges'
retirement
36
fund
shall
recalculate
the
retirement
compensation
benefits
of
the
non
-
37
complying
justice
or
judge
under
paragraph
(a)
of
this
subsection,
and
38
the
noncomplying
justice
or
judge
shall
thereafter
receive
only
the
re
-
39
calculated
amount.
40
(e)
A
justice
or
judge
may
be
relieved
of
the
senior
judge
service
obli
-
41
gation
imposed
by
this
subsection
if
he
fails
for
good
cause
to
complete
42
the
obligation.
A
retired
justice
or
judge
who
is
relieved
of
the
obli
-
43
gation
to
serve
as
a
senior
judge
shall
continue
to
receive
the
retire
-
44
ment
allowance
provided
under
paragraph
(b)
of
this
subsection.
45
(f)
"Good
cause"
includes,
but
is
not
limited
to:
46
(i)
Physical
or
mental
incapacitation
of
a
justice
or
judge
that
47
prevents
the
justice
or
judge
from
discharging
the
duties
of
judi
-
48
cial
office;
49
4
(ii)
Failure
of
the
supreme
court
to
assign
a
senior
judge
to
the
1
requisite
amount
of
senior
judge
service,
whether
because
of
in
-
2
sufficient
need
for
senior
judges,
a
determination
by
the
supreme
3
court
that
the
skills
of
a
senior
judge
do
not
match
the
needs
of
4
the
courts,
clerical
mistake
or
otherwise;
or
5
(iii)
Death
of
a
senior
judge.
6
(g)
"Good
cause"
does
not
include:
7
(i)
A
senior
judge's
refusal,
without
good
cause,
to
accept
se
-
8
nior
judge
assignments
sufficient
to
meet
the
required
amount;
or
9
(ii)
A
senior
judge's
affirmative
voluntary
act
that
makes
him
un
-
10
qualified
to
serve
as
a
judge
of
this
state
including,
but
not
lim
-
1
1
ited
to,
failure
to
maintain
a
residence
within
the
state,
com
-
12
mencing
the
practice
of
law
other
than
as
a
mediator,
arbitrator
13
or
similar
alternative
dispute
resolution
function,
acceptance
of
14
a
position
in
another
branch
of
state
government
or
political
sub
-
15
division,
or
the
acceptance
of
a
position
in
the
government
of
the
16
United
States
or
of
another
state
or
nation.
17
(h)
The
supreme
court
may
make
rules
for
the
implementation
of
this
sub
-
18
section.
19
(3)
On
or
after
July
1,
2000,
each
person
who
has
served
but
is
not
re
-
20
ceiving
benefits
or
who
is
now
serving
or
who
shall
hereafter
serve
who
shall
21
leave
office
or
retire
as
justice
of
the
supreme
court,
judge
of
the
court
of
22
appeals,
or
district
judge
of
a
district
court
in
this
state
shall
be
eligi
-
23
ble
to
receive
an
annual
retirement
compensation
when
such
person
shall
meet
24
one
(1)
of
the
following
eligibility
criteria:
25
(a)
Attaining
the
age
of
sixty
-
five
(65)
years
and
having
a
minimum
ser
-
26
vice
of
four
(4)
years;
27
(b)
Attaining
the
age
of
sixty
(60)
years
and
having
a
minimum
service
28
of
ten
(10)
years;
29
(c)
Attaining
the
age
of
fifty
-
five
(55)
years
and
having
a
minimum
ser
-
30
vice
of
fifteen
(15)
years;
or
31
(d)
At
any
age
after
twenty
(20)
years
of
service.
32
(4)(a)
On
or
after
July
1,
2000,
each
justice
or
judge
who
is
now
serv
-
33
ing
or
who
shall
hereafter
be
appointed
or
elected
and
who
shall
retire
34
by
reason
of
disability
preventing
him
from
further
performance
of
the
35
duties
of
his
office,
after
a
service
in
any
or
all
of
said
courts
of
four
36
(4)
years
or
more,
shall,
upon
retirement,
be
entitled
to
receive
and
to
37
have
paid
to
him
until
death
an
annual
retirement
compensation
payable
38
in
monthly
installments
on
the
first
day
of
each
month.
39
(b)
A
person
who
assumed
office
as
a
supreme
court
justice,
judge
of
40
the
court
of
appeals
or
district
judge
prior
to
July
1,
2012,
shall
re
-
41
ceive
an
annual
retirement
compensation
based
upon
a
percentage
of
the
42
current
annual
compensation
of
the
highest
office
in
which
such
person
43
served,
unless
such
person
makes
an
irrevocable
election
no
later
than
44
August
1,
2012,
to
receive
upon
retirement
an
annual
retirement
compen
-
45
sation
based
upon
the
provisions
in
this
subsection
applicable
to
jus
-
46
tices
or
judges
who
first
assumed
such
office
on
or
after
July
1,
2012.
47
(c)
A
person
who
first
assumed
office
as
a
supreme
court
justice,
judge
48
of
the
court
of
appeals
or
district
judge
on
or
after
July
1,
2012,
49
shall
receive
an
annual
retirement
compensation
based
upon
a
percentage
50
5
of
the
annual
compensation
at
the
time
of
such
person's
retirement
or
1
resignation
from
the
highest
office
in
which
such
person
has
served,
2
and
such
compensation
shall
be
adjusted
annually
by
the
postretirement
3
allowance
adjustment
established
pursuant
to
section
59
-
1355,
Idaho
4
Code.
5
(d)
The
percentage
applicable
to
all
justices
and
judges
who
retire
by
6
reason
of
disability
shall
be
equal
to
five
percent
(5%)
multiplied
by
7
the
number
of
years
served
as
either
justice
or
judge,
or
both,
for
the
8
first
ten
(10)
years
of
service,
plus
two
and
one
-
half
percent
(2
1/2%)
9
multiplied
by
the
remaining
number
of
years
served
as
either
justice
or
10
judge,
or
both,
but
such
percentage
shall
not
exceed
seventy
-
five
per
-
1
1
cent
(75%).
12
(5)
All
retirement
compensation
shall
be
paid
out
of
the
judges'
re
-
13
tirement
fund,
provided
however,
that
a
justice
or
judge
who
has
served
less
14
than
four
(4)
years
shall
be
entitled
to
have
refunded
to
him
all
contribu
-
15
tions
made
by
him
to
the
judges'
retirement
fund,
with
six
and
one
-
half
per
-
16
cent
(6
1/2%)
interest
computed
annually
but
shall
not
be
entitled
to
any
17
other
compensation
from
the
fund.
18
(6)
A
person
who
has
retired
from
the
office
of
supreme
court
justice,
19
judge
of
the
court
of
appeals
or
district
judge
prior
to
July
1,
2012,
or
20
any
other
person
receiving
benefits
as
of
July
1,
2012,
may
make
an
irrev
-
21
ocable
election
no
later
than
August
1,
2012,
to
thereafter
receive
an
an
-
22
nual
retirement
compensation
or
allowance
equal
to
the
amount
of
the
annual
23
retirement
compensation
or
allowance
such
person
was
receiving
as
of
July
24
1,
2012,
and
to
have
such
compensation
or
allowance
thereafter
adjusted
an
-
25
nually
by
the
postretirement
allowance
adjustment
established
pursuant
to
26
section
59
-
1355,
Idaho
Code.
27
(7)
Notwithstanding
any
other
provision
of
this
section,
any
person
28
who
makes
an
election
to
remain
in
the
public
employee
retirement
system
of
29
Idaho
as
provided
in
section
1
-
2011,
Idaho
Code,
shall
not
participate
in
30
the
judges'
retirement
fund
established
in
this
chapter,
but
shall
continue
31
to
participate
in
the
public
employee
retirement
system
of
Idaho
and
be
32
governed
under
the
provisions
of
that
system,
except
as
provided
in
section
33
1
-
2005,
Idaho
Code.
34
(8)(a)
Effective
July
1,
2024,
a
judge
eligible
to
receive
retirement
35
compensation
under
the
judges'
retirement
fund
and
pursuant
to
the
pro
-
36
visions
of
this
section
shall
be
entitled
to
a
retirement
bonus
after
37
retirement
of
twenty
-
five
thousand
dollars
($25,000)
if:
38
(i)
The
judge
retires
at
the
conclusion
of
the
term
of
office
to
39
which
the
judge
was
most
recently
elected
or
appointed;
40
(ii)
The
judge
has
given
written
notice
to
the
supreme
court,
41
which
shall
announce
the
upcoming
retirement
to
the
general
public
42
and
the
legislature
in
the
same
manner
that
judicial
vacancies
are
43
customarily
announced;
44
(iii)
Such
announcement
is
made
not
less
than
one
(1)
year
in
ad
-
45
vance
of
the
retirement;
and
46
(iv)
The
retiring
judge
is
replaced
in
office
by
a
judge
who
is
47
elected,
not
appointed.
This
requirement
shall
not
apply
if
no
48
candidate
stands
for
election
to
replace
the
retiring
judge.
49
6
(b)
If
the
requirements
in
paragraph
(a)
of
this
subsection
are
not
met,
1
then
such
retiring
judge
shall
not
be
eligible
to
receive
the
retirement
2
bonus
provided
for
in
this
subsection.
3
(9)(a)
A
supreme
court
justice,
judge
of
the
court
of
appeals,
or
dis
-
4
trict
judge
of
the
district
court
who
files
a
declaration
of
candidacy
5
after
July
1,
2026,
to
run
for
another
term
of
office
and
who
retires
6
prior
to
the
conclusion
of
the
term
of
office
to
which
the
judge
was
most
7
recently
elected
or
appointed
shall
not
be
eligible
to
serve
as
a
senior
8
judge
under
this
section
and
may
not
elect
to
receive
retirement
compen
-
9
sation
under
subsection
(2)(b)
of
this
section.
10
(b)
Each
candidate
for
supreme
court
justice,
judge
of
the
court
of
ap
-
1
1
peals,
or
district
judge
who
stands
for
election
shall
acknowledge
to
12
the
supreme
court
in
writing
that
the
candidate
is
aware
of
the
provi
-
13
sions
of
paragraph
(a)
of
this
subsection.
14
(c)
The
provisions
of
paragraph
(a)
of
this
subsection
shall
not
apply
15
to
a
justice
of
the
supreme
court,
a
judge
of
the
court
of
appeals,
or
a
16
district
judge
of
a
district
court
who:
17
(i)
Gave
written
notice
of
his
retirement
date
and
election
to
18
receive
retirement
compensation
under
subsection
(2)(b)
of
this
19
section
prior
to
July
1,
2026;
or
20
(ii)
Retires
prior
to
the
conclusion
of
the
term
of
office
due
to
21
illness
or
other
incapacitation
that
prevents
the
justice
or
judge
22
from
performing
the
duties
of
office.
23
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
24
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
25
July
1,
2026.
26