Amends existing law to provide that judges and justices appointed to a judicial vacancy shall not be allowed to stand for election for the same judicial seat in the next election and to provide certain residency requirements for district judges.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1324 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ELECTIONS; AMENDING SECTION 1-2404, IDAHO CODE, TO REVISE PRO-2 VISIONS REGARDING CANDIDATE QUALIFICATIONS FOR THE OFFICE OF COURT3 OF APPEALS JUDGE; AMENDING SECTION 34-615, IDAHO CODE, TO REVISE PRO-4 VISIONS REGARDING CANDIDATE QUALIFICATIONS FOR THE OFFICE OF SUPREME5 COURT JUSTICE; AMENDING SECTION 34-616, IDAHO CODE, TO REVISE PROVI-6 SIONS REGARDING CANDIDATE QUALIFICATIONS FOR THE OFFICE OF DISTRICT7 JUDGE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 1-2404, Idaho Code, be, and the same is hereby10 amended to read as follows:11 1-2404. NUMBER OF JUDGES -- QUALIFICATIONS -- CONDUCT AND DISCIPLINE12 -- TERM -- ELECTION -- SELECTION -- COMPENSATION. (1) The court of appeals13 shall consist of four (4) judges, and shall sit in panels of not less than14 three (3) judges each.15 (2) To be elected or appointed to the office of judge of the court of ap-16 peals a person must, at the time of such election or appointment, meet all of17 the following qualifications:18 (a) Be at least thirty (30) years of age;19 (b) Be a citizen of the United States and an elector of the state of20 Idaho;21 (c) Have been a legal resident of the state of Idaho for at least two (2)22 continuous years immediately preceding such election or appointment;23 (d) Have been in good standing as an active or judicial member of the24 Idaho state bar for at least two (2) continuous years immediately pre-25 ceding such election or appointment; and26 (e) Have held a license to practice law or held a judicial office in one27 (1) or more jurisdictions for at least ten (10) continuous years immedi-28 ately preceding such election or appointment.29 (3) No person who has been appointed by the governor to fill a vacancy on30 the court of appeals is eligible to be a candidate for election to that same31 seat at the next election held for such seat following the appointment.32 (4) For purposes of this section, the following terms have the follow-33 ing meanings:34 (a) "Active," "judicial" and "good standing" have the same definitions35 as those terms are given by rule 301 of the Idaho bar commission rules or36 any successors to those rules;37 (b) "Jurisdiction" means a state or territory of the United States, the38 District of Columbia or any branch of the United States military; and39 (c) "Elector" means one who is lawfully registered to vote.40 (3) (5) A judge of the court of appeals shall be governed by the code of41 judicial conduct as promulgated by the Idaho supreme court, and shall be sub-42

2 ject to removal, discipline, or retirement pursuant to section 1-2103, Idaho1 Code.2 (4) (6)(a) Judges of the court of appeals shall be appointed by the gov-3 ernor effective the first Monday of January, 1982, for the following4 initial terms: one (1) judge shall be appointed for a term to expire on5 the first Monday of January, 1985, one (1) judge shall be appointed for a6 term expiring two (2) years later, and one (1) judge shall be appointed7 for a term expiring two (2) further years later. Thereafter, the term of8 office of a judge of the court of appeals shall be six (6) years.9 (b) Vacancies in the office of judge of the court of appeals shall be10 filled in the same manner as vacancies in the office of supreme court11 justice or district judge.12 (c) The positions of judges of the Idaho court of appeals shall first13 be filled as vacancies. The judicial council shall submit to the gov-14 ernor its recommendations for the offices at the earliest practicable15 time after the effective date of this act. The governor may make the ap-16 pointment at any time thereafter, to be effective the first Monday of17 January, 1982, for the terms set forth in subsection (4) paragraph (a)18 of this subsection.19 (d) In making its nominations for the initial vacancies to be created20 by this act, the Idaho judicial council shall submit the names of not21 less than six (6) nor more than nine (9) qualified persons for the ini-22 tial three (3) vacancies to be created by this act. Otherwise, the ju-23 dicial council shall submit the names of not less than two (2) nor more24 than four (4) persons for each vacancy. The governor shall appoint the25 judges, identifying each appointment by the length of the term of ap-26 pointment.27 (e) Nominations and appointments to fill initial or subsequent vacan-28 cies shall be made with due regard for balanced geographical membership29 of the court of appeals.30 (f) Subsequent terms of office of a judge who has been appointed to the31 court of appeals shall be subject to a statewide nonpartisan election32 to be held in the primary election next preceding the expiration of an33 appointed term in the same method and manner as a justice of the supreme34 court.35 (g) A fourth judge of the court of appeals shall be appointed by the gov-36 ernor effective the first Monday of January, 2009, for an initial term37 to expire on the first Monday of January, 2013. Thereafter, the term of38 office for this position shall be six (6) years. The judicial council39 shall submit the names of not less than two (2) nor more than four (4)40 persons for the initial vacancy in this position under the procedure set41 forth in section 1-2102, Idaho Code. This position shall be subject to42 all of the provisions relating to qualifications, removal, discipline,43 retirement, filling of vacancies, election and compensation set forth44 in this chapter.45 (5) (7) Judges of the court of appeals, except for judges who have made46 an election to remain in the public employee retirement system of Idaho pur-47 suant to section 1-2011, Idaho Code, shall receive compensation upon retire-48 ment as provided in chapter 20, title 1, Idaho Code.49

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SECTION 2. That Section 34-615, Idaho Code, be, and the same is hereby1 amended to read as follows:2 34-615. ELECTION -- SELECTION -- OF JUSTICES OF THE SUPREME COURT --3 QUALIFICATIONS. (1) At the primary election, 1972, and every alternate year4 thereafter, subject to the provisions of section 34-1217, Idaho Code, there5 shall be elected justices of the supreme court to fill any vacancy or vacan-6 cies occasioned by the expiration of the term or terms of office of any member7 or members.8 (2) To be elected or appointed to the office of justice of the supreme9 court a person must, at the time of such election or appointment, meet all of10 the following qualifications:11 (a) Be at least thirty (30) years of age;12 (b) Be a citizen of the United States and an elector of the state of13 Idaho;14 (c) Have been a legal resident of the state of Idaho for at least two (2)15 continuous years immediately preceding such election or appointment;16 (d) Have been in good standing as an active or judicial member of the17 Idaho state bar for at least two (2) continuous years immediately pre-18 ceding such election or appointment; and19 (e) Have held a license to practice law or held a judicial office in one20 (1) or more jurisdictions for at least ten (10) continuous years immedi-21 ately preceding such election or appointment.22 (3) No person who has been appointed by the governor to fill a vacancy on23 the supreme court is eligible to be a candidate for election to that same seat24 at the next election held for such seat following the appointment.25 (4) For purposes of this section, the following terms have the follow-26 ing meanings:27 (a) "Active," "judicial" and "good standing" have the same definitions28 as those terms are given by rule 301 of the Idaho bar commission rules or29 any successors to those rules;30 (b) "Jurisdiction" means a state or territory of the United States, the31 District of Columbia or any branch of the United States military; and32 (c) "Elector" means one who is lawfully registered to vote.33 (3) (5) Each candidate for election shall file a declaration of candi-34 dacy with the secretary of state.35 (4) (6) Each candidate who files a declaration of candidacy shall at the36 same time pay a filing fee of three hundred dollars ($300) which shall be de-37 posited in the general fund.38

SECTION 3. That Section 34-616, Idaho Code, be, and the same is hereby39 amended to read as follows:40 34-616. ELECTION -- SELECTION -- OF DISTRICT JUDGES -- QUALIFICA-41 TIONS. (1) At the primary election, 1974, and every four (4) years there-42 after, subject to the provisions of section 34-1217, Idaho Code, there shall43 be elected in each judicial district a sufficient number of district judges44 to fill any vacancy or vacancies occasioned by the expiration of the term or45 terms of office of any member or members.46 (2) To be elected to the office of district judge a person must, at the47 time of such election, meet all of the following qualifications:48

4 (a) Be at least thirty (30) years of age;1 (b) Be a citizen of the United States and an elector in the judicial dis-2 trict in which elected for at least one (1) continuous year immediately3 preceding such election;4 (c) Have been a legal resident of the state of Idaho for at least two (2)5 continuous years immediately preceding such election;6 (d) Have been in good standing as an active or judicial member of the7 Idaho state bar for at least two (2) continuous years immediately pre-8 ceding such election; and9 (e) Have held a license to practice law or held a judicial office in one10 (1) or more jurisdictions for at least ten (10) continuous years immedi-11 ately preceding such election.12 (3) No person who has been appointed by the governor to fill a vacancy on13 a district court is eligible to be a candidate for election to that same seat14 at the next election held for such seat following the appointment.15 (3) (4) Each candidate for election shall file a declaration of candi-16 dacy with the secretary of state.17 (4) (5) Each candidate who files a declaration of candidacy shall at the18 same time pay a filing fee of one hundred fifty dollars ($150) which shall be19 deposited in the general fund.20 (5) (6) To be appointed to the office of district judge a person must, at21 the time of such appointment, meet all of the following qualifications:22 (a) Be at least thirty (30) years of age;23 (b) Be a citizen of the United States and an elector of the state of24 Idaho in the judicial district in which the vacancy is being filled for25 at least one (1) continuous year immediately preceding the appointment;26 (c) Have been a legal resident of the state of Idaho for at least two (2)27 continuous years immediately preceding such appointment;28 (d) Have been in good standing as an active or judicial member of the29 Idaho state bar for at least two (2) continuous years immediately pre-30 ceding such appointment; and31 (e) Have held a license to practice law or held a judicial office in one32 (1) or more jurisdictions for at least ten (10) continuous years immedi-33 ately preceding such appointment.34 (6) (7) For purposes of this section, the following terms have the fol-35 lowing meanings:36 (a) "Active," "judicial" and "good standing" have the same definitions37 as those terms are given by rule 301 of the Idaho bar commission rules or38 any successors to those rules;39 (b) "Jurisdiction" means a state or territory of the United States, the40 District of Columbia or any branch of the United States military; and41 (c) "Elector" means one who is lawfully registered to vote.42

SECTION 4. An emergency existing therefor, which emergency is hereby43 declared to exist, this act shall be in full force and effect on and after44 July 1, 2026.45