IDAHO SECRETARY OF STATE
Ben Ysursa, Secretary of State
|Contact Person / Organization||IJAA 2006
PO Box 968
Caldwell ID 83607
northern Idaho - (208) 773-6274 Rose Johnson
southern Idaho - (208) 459-0207 Norma Batt
|Status||deadline has passed, proponents did not submit required signatures for ballot status|
|Short Ballot Title||Initiative Abolishing Idaho Judicial Council, Limiting Judicial Immunity and Creating Commission To Review Complaints Of Judicial Misconduct and Providing Sanctions.|
|Long Ballot Title||An initiative abolishing the Idaho Judicial Council and limiting judicial immunity in most instances, creating a 15 member commission to review complaints of judicial misconduct and granting the commission the power and authority to impose sanctions and setting forth the duties of the commission; establishing criteria for commission membership and selection; establishing criteria for the location of commission offices; establishing compensation of commissioners; authorizing the commission to hire special prosecutors, advisors, investigators and staff; establishing procedures for criminal complaints; establishing statutes of limitations; repealing chapter 21 of title 1, Idaho Code; creating chapter 25 of title 1, Idaho Code entitled the Idaho Judicial Accountability Act; Amending Idaho Code § 19-4201A, Amending Idaho Code § 19-4202; Amending Idaho Code § 19-3945; Amending Idaho Code § 2-215.|
|Attorney General Certificate of Review||Can be viewed by following this link to the Attorney General's web site. This document is provided in PDF file format, you must have Acrobat Reader to view the file.|
Click here to view the proposed initiative in PDF format.
The Idaho Judicial Accountability Act
1. Repealing Title 1, Chapter 21, Sections 2101 through 2104, as
unconstitutional, and which matter concerns the removal, discipline
and retirement of judicial officers; and,
Section 2501. PREAMBLE AND PURPOSE. We, the People of the State of Idaho, find that the doctrine of judicial immunity has been greatly abused; that no effective remedy to redress judicial misconduct exists; that the right of the writ of habeas corpus in many cases is effectively suspended; that the Idaho Judicial Council has offered a less then one percent chance for formal action being taken to remedy judicial misconduct to the people of Idaho and many have, and continue, to suffer from the results of a judiciary which is not held accountable to the people; therefore, an emergency is hereby declared to exist in fact. We the People of Idaho, in whom all political power is inherent; and for whom government is instituted for our equal protection and benefit; and who have the right to alter, reform or abolish the same whenever we deem it necessary; as declared by Article One, Section Two of the Idaho Constitution; we therefore establish by Initiative this Act for our immediate protection and for the benefit of our posterity so as to insure judicial accountability and justice.
Section 2502. AUTHORITIES. In accordance with Idaho Constitutional provisions, Article 1, Sections 1, 2, 5 and 18; Article V, Sections 7, 18, 27 and 28; Article VII, Section 10, the Constitution for the United States of America, including the Bill of Rights; and in accordance and harmony with the Declaration of Independence; We the People of Idaho hereby act to establish and insure judicial accountability with the provisions herein which shall be known hereafter as "The Idaho Judicial Accountability Act of 2006 ," referred to hereafter as the "Act".
Section 2503. REPEAL OF ACT CREATING IDAHO JUDICIAL COUNCIL. This Act creating the Idaho Judicial Council, relating to removal, discipline and retirement of judicial officers, Idaho Code Title 1, Chapter 21, Sections 2101 – 2104 is hereby repealed in it's entirety, as a matter of right and necessity to abolish an entity of government which does not serve the people, nor provide for their equal protection or benefit. Further, all records held by the Idaho Judicial Council, upon passage of this Act, shall be preserved and delivered to the custody of the Idaho Judicial Accountability Commission within thirty (30) days after it is seated; and thereafter said records shall be maintained by the Clerk of the Idaho Judicial Accountability Commission.
Section 2504. DECLARATION OF EMERGENCY. Judicial accountability being nearly nonexistent in the State of Idaho, which has subjected many citizens of Idaho to be deprived of life, liberty and property, without due process of law; and otherwise deprived of their Rights; therefore, an emergency is hereby declared to exist. This Act upon certification of its passage and approval by the voters and electors of Idaho shall immediately by in full force and effect.
Section 2505. DEFINITIONS. All words used herein this Act shall
be read, considered and accorded value based upon plain English and
common definition, except as defined by the following subsections:
Section 2506. IMMUNITY PROTECTIONS AND LIMITATIONS. While justice requires the protection of judicial officers from baseless and/or harassing actions, no immunity shielding a judicial officer shall ever extend to any willful, intentional or deliberate act(s) or omission(s) which at the time of their commission or omission violated the Constitutions or laws of Idaho or the United States of America; perpetrated fraud or perjury; created a conspiracy to deprive any person of life, liberty or property; violated due process of law; denied or deprived discovery in a case; disregarded a material fact or law; denied or deprived access to counsel; was a judicial act exercised without jurisdiction; blocked the lawful conclusion of a case; tampered with a jury; or neglected to disclose conflicts of interest; or refused to recuse themselves from an action when a conflict of interest was evident.
Section 2507. IDAHO JUDICIAL ACCOUNTABILITY COMMISSION. This Act
hereby creates a fifteen (15) member Idaho Judicial Accountability
Commission (IJAC) vested with statewide jurisdiction to judge the
merits of both laws and facts. The IJAC shall exist pursuant to Article
One, Section Two of the Idaho Constitution, as an agency of the people
of Idaho, independent of legislative, executive or judicial branches
of government, for the purpose of holding the judicial branch accountable
to the Constitutions and laws, who thereafter can hold the legislative
and executive branches accountable. The IJAC shall be vested with
the power and duty to receive, review and investigate complaints
of alleged judicial misconduct, and petitions for relief, and to
determine on an objective standard:
Section 2508. JURISDICTION. With the passage of this Act, the IJAC shall have jurisdiction, power and authority to rule on complaints involving any judicial officer acting or who has acted within the State of Idaho, without exception.
Section 2509. GENERAL DUTIES OF IJAC. The IJAC is charged with the
following general duties:
Section 2510. QUALIFICATIONS OF COMMISSIONERS. An IJAC Commissioner
shall be at least twenty-one (21) years of age, able to speak, read
and comprehend English; and shall have been a citizen of Idaho, living
within Idaho for at least (6) months prior to having his or her name
drawn by lot. As an agency of the people of Idaho, and in the interest
of justice and to prevent potential conflicts of interest, people
not eligible for IJAC service shall extend to and include:
Section 2511. IJAC COMMISSIONER CANDIDATE POOL. The IJAC Commissioner
Candidates shall be drawn from the IJAC Commissioner Candidate Pool
of names which shall be maintained by the Secretary of State's office.
Any individual meeting the qualifications of an IJAC Commissioner,
and not prevented from serving by the limitations within Section
2510 of this Act, shall be eligible to submit their name to the IJAC
Commissioner Candidate Pool for consideration to the IJAC Commission,
and shall give notice of any change of address. Upon their request,
any individual shall have their name removed from the IJAC Commissioner
Idaho Judicial Accountability Act of 2006
I ________________ [printed name], hereby submit my name for consideration
as a Commissioner Candidate, to the Idaho Judicial Accountability
Commission (IJAC) Candidate Pool. I believe I meet all qualification
requirements in compliance with Idaho Code 1-2510, and am fully
eligible to submit my name for IJAC Commission consideration.
The Secretary of State shall maintain the IJAC Commissioner Candidate Pool and provide published IJAC Commissioner Candidate Pool Application forms to the Clerk of the IJAC, along with a copy of the IJAC Commissioner Candidate Pool names, which shall be updated at least quarterly, after the IJAC has been seated.
Section 2512. SERVICE OF COMMISSIONERS. There is hereby established a body of fifteen (15) Commissioner positions within the IJAC. Excluding the initial establishment of the IJAC, where terms will be 2, 3 or 4 years, each Commissioner shall serve in his/her position for a term of three years one year; shall serve only once in a lifetime; and thereafter be ineligible for further service, except as an advisor, consultant, investigator, Clerk or other assistant. Commissioner service to the IJAC shall be considered to be a full-time position.
Section 2513. SELECTION OF COMMISSIONERS. IJAC Commissioners shall serve without compulsion and shall be drawn from the IJAC Commissioner Candidate Pool in a manner that is publicly witnessed. The Secretary of State shall draw additional names and follow notification and acceptance procedures mentioned hereafter, whenever any Commissioner selection process fails to fill all fifteen (15) IJAC Commissioner positions.
Section 2514. COMMISSIONER'S OATH OF OFFICE. Before any IJAC Commissioner
is seated on the IJAC, he/she shall take the following oath of office,
which shall be administered by the Clerk of the IJAC:
Section 2515. INITIAL SELECTION OF THE IJAC COMMISSIONERS. On the 20th day of November, 2006, at 12:00 noon, following the enactment of this Act, the Secretary of State shall, on the south steps of the Idaho State Capital building (which event may be televised), draw thirty (30) names of potential IJAC Commissioner Candidates, numbering each Commissioner Candidate drawn in sequential order. Names shall be drawn from the IJAC Commissioner Candidate Pool of names. The Secretary of State shall contact every man or woman drawn by certified mail no later than forty-eight (48) hours after the names have been drawn, notifying each Commissioner Candidate that his/her name has been drawn for IJAC service explaining the duties, term of service, compensation for IJAC service, along with a return form provided to accept IJAC duty. All IJAC Commissioner Candidates shall serve without compulsion. Potential IJAC Commissioner Candidates wishing to serve, shall return the form giving notice of their acceptance of the position of IJAC service to the Secretary of State's office no later than the 5th day of December, 2006. On the 11th day of December, 2006, all returned acceptance notices shall be assembled and the fifteen IJAC Commissioner positions shall be filled by the Commissioner Candidates who have returned their acceptance forms, based on the sequential order of the names drawn on the 20th day of November, 2006 Each IJAC Commissioner selected shall be assigned an IJAC Commissioner number from one to fifteen, based on the sequential order of the names drawn, for each of the fifteen (15) positions on the IJAC. IJAC Commissioner numbers shall reflect the rotation schedule for Commissioners leaving the IJAC. The Secretary of State shall immediately notify those IJAC Commissioners selected, that they have been selected to be seated on the IJAC.
Section 2516. ESTABLISHMENT OF THE IJAC. On the 12th day of December, 2006 , the Secretary of State shall summon the selected IJAC Commissioners to convene on the 3rd day of January, 2007, at a conference location in Nampa, Idaho, where the Secretary of State or his/her designated representative shall administer the Oaths of Office to the IJAC Commissioners. Commissioners shall then elect a chair from among themselves. The chair shall read this Act to the assembled IJAC Commissioners. Initial duties of the IJAC shall include: hiring a Clerk of the IJAC and other administrative staff as necessary; establishing a committee to select a seat for the operation of the IJAC; developing rules and internal operations procedures; and developing any positions deemed necessary for the effective operation of the IJAC.
Section 2517. SELECTION OF THE IJAC SEAT. The initial IJAC shall select a seat for it's business and administrative operations. The IJAC seat shall be established within 30 days of the initial selection of the IJAC and shall include a suitable administrative office, and office furnishings including office equipment and multi-line telephones for 3 administrative assistants and 1 clerk. The IJAC seat shall be located in a central location in Idaho, and excluding Ada County, yet at a distance from other centers of governmental operations to keep the IJAC independent. The IJAC Commissioners may travel to any location in Idaho to conduct hearings or to perform other IJAC duties; the IJAC Commissioners may utilize any facility they deem appropriate for IJAC business.
Section 2518. ROTATION OF COMMISSIONERS. On the first business day
in September, beginning in 2008, new Commissioner Candidates shall
be drawn from the Commissioner Candidate Pool to fill Commissioner
positions 1 through 5 who will rotate off the IJAC in January, 2009;
and, on the first business day in September, 2009, new Commissioner
Candidates shall be drawn from the Commissioner Candidate Pool to
fill Commissioner positions 6 through 10 in January 2010; and, on
the first business day in September, 2010, new Commissioner Candidates
shall be drawn from the Commissioner Candidate Pool to fill Commissioner
positions 11 through 15 who will rotate off in January, 2011. After
rotation of the IJAC Commissioners seated in 2007, the rotation schedule
of IJAC Commissioners shall be on a three-year term basis. Selection
of the new Commissioner Candidates shall be on the first business
day of September in the year preceding any regularly scheduled rotation.
Section 2519. COMMISSIONER'S CONFLICT OF INTEREST. IJAC Commissioners, having a conflict of interest regarding a party to an action before the IJAC shall notify the IJAC and recuse themselves from that case. Any IJAC Commissioner who fails to give notice of a conflict of interest regarding a party before the IJAC shall be subject to disciplinary action, up to and including removal from the IJAC, as will be further provided for in the IJAC Internal Operations Rules.
Section 2520. COMPENSATION OF COMMISSIONERS. IJAC Commissioners shall receive a monthly salary of three-thousand five hundred dollars ($3,500) in money, plus other necessary and authorized per diem expenses whenever the IJAC conducts business away from its seat.
Section 2521. PROFESSIONAL ASSISTANCE. The IJAC is authorized to employ, retain and/or consult with advisors, special prosecutor(s) and investigator(s) as needed.
Section 2522. CLERK AND ADMINISTRATIVE ASSISTANTS. The IJAC shall employ a clerk of the IJAC and other clerical administrative assistants, as needed.
Section 2523. CLERK'S OATH OF OFFICE. Before the Clerk of the IJAC
assumes office, he/she shall take the following oath of office which
shall be administered by the chair of the IJAC:
Section 2524. DUTIES OF CLERK. The Clerk of the IJAC shall have
the following duties:
Section 2525. SELF-SUPPORTING FISCAL INTENT OF ACT. It is the intent of this Act to create an IJAC which, as much as is possible, shall be self supporting from fees, deductions from judicial officers salaries, fines and/or forfeitures. The state Controller (or Auditor) shall review and audit the financial records of the IJAC and shall publish their findings annually.
Section 2526. JUDICIAL ACCOUNTABILITY TRUST FUND - SOURCES AND TRANSFERS.
Section 2527. DEDUCTIONS FROM JUDICIAL OFFICERS' SALARIES. Immediately upon passage of this Act, and any and all times thereafter, the State Controller shall cause to be deducted three percent (3%) from the gross salaries of all State of Idaho Supreme Court Justices, Appeals Court Judges, District Court Judges, Magistrates, Judges Pro Tem and Senior Judges who have not filed a Statement of Waiver to Claims of Immunity; said deductions shall be transferred immediately into the Judicial Accountability Trust Fund. Further, the State Treasurer shall instruct all county Controllers and/or other fiscal agent(s) for each county who are responsible for payment of county Prosecutors salaries to deduct three percent (3%) from the gross salaries of all county Prosecutors and Deputy Prosecutors who have not filed a Statement of Waiver of Claims to Immunity, and to transmit said deductions to the State Controller who shall transfer said deductions into the Judicial Accountability Trust Fund. The IJAC Clerk shall keep a record of all judicial officers who have filed a Statement of Waiver of Claims to Immunity and shall provide a copy of said record to the Idaho Supreme Court.
Section 2528. WAIVER OF IMMUNITY. Judicial Officers may waive claims to immunity by signing and filing a Statement of Waiver of Claims to Immunity with the Clerk of the IJAC, and in which case no deduction shall be made from his/her salary. By filing the Statement of Waiver of Claims to Immunity, the judicial officer shall declare publicly that he/she agrees not to claim immunity in the event a civil or criminal complaint is filed against them. The Clerk of the IJAC shall keep a record of all judicial officers who have waived their immunity and shall transmit a copy of said waivers to the Clerk of the Idaho Supreme Court.
Section 2529. FILING FEES. A filing fee of $50.00 shall be submitted with each complaint filed to the IJAC; or, a declaration in lieu of payment may be filed by a complainant who is indigent or objects to payment of such filing fee, stating their reason(s) for the same. Filing fees and other revenue collected shall be transferred monthly into the Idaho Judicial Accountability Trust Fund.
Section 2530. ANNUAL BUDGET – REVIEW. The IJAC shall have a beginning minimum annual operational budget of one million, eight-hundred thousand dollars ($1,800,000), which shall be funded from the general fund in the first year of its operation and transferred into the Idaho Judicial Accountability Trust Fund immediately after passage of this Act. Six years after the passage of this Act, the legislature shall review the budget, revenues and cost of operations of the IJAC and may thereafter amend the minimum annual operational budget amount to an amount which reflects the actual operational costs incurred in the IJAC's fifth year of operation. A similar review and option to amend the minimum annual operational budget amount shall occur every five years thereafter.
Section 2531. SUPPLEMENTAL FUNDING DUTY – NOTICE TO LEGISLATURE. The Idaho State Controller shall notify the Legislature to replenish the Idaho Judicial Accountability Trust Fund whenever there is less than the annual operational budget amount in said Trust Fund. The Legislature shall provide any additional funding necessary for the operational expenses of the IJAC.
Section 2532. RETURN OF EXCESS FUNDS. Should the Idaho Judicial Accountability Trust Fund in any subsequent year exceed the minimum annual operational budget amount at the beginning of a new budget year, the Idaho State Controller shall return the excess funds to the state general fund.
Section 2533. PROMULGATION AND DISTRIBUTION OF PROCEDURAL RULES. In the interest of justice and in preserving due process of law, the IJAC shall promulgate Idaho Judicial Accountability Rules (IJAR) which shall govern IJAC procedures for filing complaints and petitions; investigating, reviewing, considering and determining the merits of complaints or petitions; authorizing, issuing and/or serving summons and/or subpoenas to compel the appearance of witnesses or documents as needed; transferring cases to trial court for further civil or criminal actions; reviewing, granting or denying of petitions for: temporary immunity from arrest, forfeiture or confiscation of property, deprivation of Rights or privileges, or habeas corpus. The Rules (IJAR) shall be simple, flexible, accommodating and in accordance with the provisions of this Act and its' intended purpose: to provide an opportunity for remedy to any person who believes they can prove they were wrongly harmed by judicial misconduct and to prevent further harm from occurring. Complaints shall sufficiently articulate the judicial officer's complained of act(s) or omission(s) and the remedies sought by the Complainant. The Idaho Judicial Accountability Rules shall be promulgated in similarity to the Idaho Administrative Procedures Act (IDAPA, Idaho Code, Title 67, Sections 5240, et. Seq.).. Printed copies shall be made available to the public within 60 days of this Act. Copies shall continuously be available at no cost, at locations including but not limited to: the Office(s) of the IJAC; all county Courthouses; the Office of the Idaho Supreme Court; Idaho State law libraries; state prisons, county jails and other detainment facilities; all State Agency offices which conduct administrative hearings of contested cases; State of Idaho Offices of the Governor, the Secretary of State, the Attorney General; and the State Legislative Services office.
Section 2534. INTERNAL OPERATIONS OF THE IJAC. The IJAC shall establish Internal Operations Rules governing the internal administration of the IJAC, its employees and contractors. Such Internal Operations Rules may include, but not be limited to, procedures for processing complaints, petitions and cases, provisions for internal discipline and the removal, recusal, death or resignation of IJAC Commissioners; and other operational matters as deemed necessary and/or appropriate.
Section 2535. COMPLAINT PROCEDURES. Any person may file a civil
and/or criminal complaint with the IJAC alleging judicial misconduct,
pursuant to the procedures and limitations of this Act and/or the
Idaho Judicial Accountability Rules. The IJAC shall serve a copy
of the filed complaint upon the complained of judicial officer and
notice to the complainant of such service within five (5) days of
receiving the complaint. A complaint served upon any judicial officer
shall not act as an automatic recusal/disqualification order or stay
of proceedings; a submitted complaint and investigation procedure
is separate from other court activity, and litigants must observe
and respond to all court deadline dates and pleadings. A judicial
officer shall have twenty days to serve and file an answer to the
complaint. The complainant shall thereafter have fifteen days to
file an optional reply to the judicial officer's answer. The IJAC
shall determine the causes properly before it with its reasoned findings
in a written decision within ninety (90) calendar days after the
last complaint, answer or reply is filed, and serve upon all parties
its decision to grant or deny immunity as a defense in any civil
action that may thereafter be pursued against the judicial officer,
and/or whether or not probable cause is found of criminal activity
by any judicial officer, as alleged. Prosecution of any civil case,
in which the IJAC's decision has denied a judicial officer an immunity
defense, shall be the responsibility of the complainant, in any appropriate
court of Idaho.
Section 2536. FRIVOLOUS OR HARASSING FILINGS. Any Complainant found by the IJAC to have filed a frivolous or harassing action against any judicial officers may be subject to an order or decision against the complainant by the IJAC which may include a fine up to one thousand dollars ($1,000). Any judicial officer who is exonerated by an IJAC investigation may request the complainant reimburse the judicial officer's expenses that were actually incurred in their defense, not to exceed one-thousand dollars ($1,000). This section shall not be a bar to any suit filed by a judicial officer against a complainant for harassment.
Section 2537. CORRECTIVE ACTION – REMOVAL – FORFEITURE
OF BENEFITS. The IJAC is hereby vested with power and authority to
assess "strikes" against any judicial officer as defined
in subsection 2505(f) of this Act. The IJAC shall issue an Order
removing any judicial officer, immediately and permanently, from
office, when said judicial officer has received three strikes against
him/her. Whenever the IJAC becomes aware that a judicial officer
has had an adverse civil or criminal decision against them, the IJAC
shall review the decision to determine if it constitutes a "strike" and
whether there have been three "strikes" against that judicial
officer. "Strikes" shall be assessed by a simple majority
vote of the IJAC. Thereafter, that judicial officer shall be ineligible
to hold any State judicial office, including that of pro tem or senior
judge. Whenever any judicial officer who has two strikes assessed
against him/her, and, a civil or criminal complaint has been filed,
which may result in a third strike, the said judicial officer shall
notify the administrative judge of their judicial district, who thereafter
shall modify the docket of said judicial officer so as to minimize
any potential inconvenience to parties with pending actions, in the
event the judicial officer receives a third strike. Upon a judicial
officer receiving vindication of the pending third strike, he/she
may return to full duty. If, the said judicial officer is a prosecutor,
he/she shall, instead, notify their supervising authority, or the
authority charged to appoint their replacement of the pending possible
Section 2538. CRIMINAL COMPLAINT PROCEDURES. In addition to any other provision of this Act, a complaint for criminal conduct of a judicial officer may be brought directly to the IJAC upon all the following prerequisites: (1) a criminal complaint has been lodged with the appropriate prosecutorial entity or court, for the alleged misconduct; (2) the prosecutor declines to prosecute, or ninety (90) days has passed following the lodging of such complaint and prosecution has not commenced; and (3) an indictment, if sought, has not been specifically declined on the merits by a Grand Jury.
Section 2539. CRIMINAL CAUSES. Should the IJAC find probable cause of criminal conduct on the part of any judicial officer against whom a complaint is docketed, it shall have the power to forward the complaint to a special trial court, except where double jeopardy protections apply. Further, the IJAC shall select a special prosecutor and a judge from a county other than that of the defendant judicial officer. The special trial court shall have the power to call special trial jurors to be empanelled from the county in which the offense occurred; or, if a change of venue is approved by the trial judge, jurors shall be empanelled from the county where the case is to be tried. The special trial jurors, plus alternates, shall be chosen, without peremptory challenges, and with voir dire limited to challenges for a personal relationship with any party in the case. Special trial jurors shall be selected from the same pool of jury candidates as any regular jury, and the trial jurors shall be instructed that they have power to judge both law and fact. Further, no person shall be compelled to serve as a special trial juror. Jurors shall be compensated pursuant to Idaho Code 2-215 (3) or Idaho Code 19-3945, whichever is applicable, plus any reasonable per diem costs and/or transportation costs. The special prosecutor shall prosecute the cause to a conclusion, having all the powers of any other prosecutor within this State. Upon conviction, the special trial jury shall have exclusive power of sentencing, limited to incarcerations, fines and/or community service. Each trial juror shall determine the sentence they would impose, but no sentence imposed by any special trial juror shall exceed the statutory maximum allowed for the crime(s) for which the judicial officer was convicted. The actual sentence imposed on the defendant judicial officer shall be derived by an average of the sentences imposed by each juror.
Section 2540. STATUTE OF LIMITATIONS. There shall be no statute
of limitations limiting the time in which a complaint for judicial
misconduct can be filed with the IJAC. No complaint shall be considered
by the IJAC unless the complainant shall have first attempted to
remedy the conduct complained of in the venue where it occurred.
Attempts to remedy judicial misconduct shall include but not be limited
to motions or petitions for relief, appeals and habeas corpus petitions.
A party filing a document in a court previous to the enactment of
this Act, which states with particular reason(s) why they will not
be seeking further relief and/or why they have no confidence in any
further proceedings to obtain any just remedy, shall be deemed as
an attempt to obtain remedy for the purposes of this section.
Section 2541. PUBLIC INDEMNIFICATION. No judicial officer complained of, or sued civilly by a complainant pursuant to this Act shall be defended at public expense; or from any publicly funded indemnity or insurance fund; or by any elected or appointed public counsel in any proceeding before the IJAC; nor shall any judicial officer be reimbursed from public funds for any losses sustained under this Act.
Section 2542. JUDICIAL NOTICE OF THIS ACT. Every judicial officer after passage of this Act, shall provide a notice which shall appear at the end of every judicial 'Order, Decision, Judgment or Sentence', which clearly states that: "Any party who believes a judicial officer has committed any act of judicial misconduct may file a complaint pursuant to the Idaho Judicial Accountability Act of 2006, (Idaho Code, Title 1, Sections 2501 et. seq.)". Said notice shall also include the phone number and address of the IJAC office.
Section 2543. QUALIFIED IMMUNITY OF IJAC ACTIONS. Persons carrying out duties under this Act, and/or at the direction of the IJAC, shall receive immunity from all liability, civilly or criminally, and shall not be held in contempt by any court authority, except for intentional violations of clearly established law, or the Idaho Judicial Accountability Rules (IJAR).
Section 2544. OTHER REDRESS. The provisions of this Act are in addition to other redress that may exist and are not mutually exclusive, except where double jeopardy protections apply.
Section 2545. TEMPORARY IMMUNITY. The IJAC shall be vested with
power and authority, in the interest of justice, to grant or deny
temporary immunity from arrest, prosecution, forfeiture or confiscation
of property or the deprivation of Rights and/or privileges to any
complainant or defendant, except in cases of: conviction for violent
felony involving actual injury to another person; or conviction of
an act of fraud, theft or property damage, exceeding five-thousand
dollars ($5,000). Any complainant who files a complaint with the
IJAC may petition for such relief. Temporary immunity may be granted
to a complainant after the IJAC reviews the case and determines by
simple majority vote that there is probable cause to believe the
complainant's conviction, forfeiture, confiscation or deprivation
of Rights or privileges resulted from judicial misconduct or abuse
of authority as documented in complainant's complaint. Defendant
judicial officers may also petition for and be granted such relief
after the IJAC reviews the case and determines by simple majority
vote that the complaint does not involve a violent felony involving
actual injury to another person; or a felony act of fraud, theft
or property damage, exceeding five-thousand dollars ($5,000) and
substantial irreparable harm to the judicial officer would results
if the relief were not granted. Such temporary immunity may be granted
while the case before the IJAC is pending and during any subsequent
civil or criminal case related directly thereto.
Section 2546. EXECUTION AND ENFORCEMENT. An Order for investigation,
compliance, discipline or removal from office concerning any judicial
officer, duly executed by the IJAC and served, shall be enforced
immediately and with the assistance of local law enforcement if necessary.
The Sheriff or other local law enforcement of the county where said
judicial officer presides, shall enforce the Order, when necessary,
according to the specific terms therein, which may include escorting
the individual (judicial officer) from the court or other official
property. Any judicial officer refusing to comply with the order
of the IJAC
Section 2547. JURISDICTION TO CONSIDER FOR WRIT OF HABEAS CORPUS. The IJAC shall have original jurisdiction, concurrent with the Idaho Supreme and District Courts, to consider petitions for writs of habeas corpus, and may grant and/or order relief under the provisions of Title 19, Chapter 42, Idaho Code (Idaho Habeas Corpus And Institutional Litigation Procedures Act).
Section 2548. CHALLENGES TO THIS ACT. To prevent conflicts of interest with challenges to this Act, no judicial officer brought under the jurisdiction of the IJAC by a complaint filed therewith, shall have jurisdiction to sit in judgment of any challenge to this Act. Any adjudication, by a judicial officer who is a party to an action pending before the IJAC or a subsequent pending civil or criminal proceeding authorized to proceed by the IJAC, which seeks to modify or annul any portion of this Act shall be null and void for all purposes and shall be considered grounds for bringing a complaint of a judicial act committed without jurisdiction, by any adversely affected party. All challenges to this Act shall be tried by a jury in a court of competent jurisdiction and shall not be tried by any bench trial before a judge or panel of judges or justices.
Section 2549. PREEMINENCE. Preeminence shall be given to this Act, as an Initiative of the people of Idaho, exercising their sovereign authority in any conflict with Idaho statute, case law, or doctrine(s). Any Idaho law found inconsistent with or contrary to this Act shall be and is hereby deemed void to the extent that said law is inconsistent with or contrary to this Act. This Act shall be subject to amendment or repeal only by an Initiative passed by the People of Idaho, or after proposed legislative amendment(s) or repeal(s) have been approved by a vote of the People, except as otherwise provided herein.
Section 2550. SEVERANCE. Should any part of this Act be determined unconstitutional, the remainder shall remain in full force and effect as though no challenge thereto existed.
Section 2551. REPEAL OF JUDGES' RETIREMENT COMPENSATION FROM FEES IN CIVIL ACTIONS AND APPEALS. Title 1, Chapter 20, Section 2003, of Idaho Code, concerning filing fees collected and/or added to the judges retirement fund from fees collected in civil actions and appeals, is hereby repealed as unconstitutional, in that it institutes a private benefit program for judges from public moneys, which is prohibited by Article VII, Section 10 of the Idaho Constitution, and, in that it infringes upon the people’s right to justice without sale, denial or prejudice as declared by Article I, Section 18 of the Idaho Constitution. The Idaho people, in the exercise of their sovereign authority, hereby prohibit the Idaho Legislature from repealing the people’s repeal of Title 1, Chapter 20, Section 2003, of Idaho Code or passing substantially similar legislation on this subject in the future.
AMENDMENTS TO AND REPEALS OF IDAHO CODE:
AMENDMENTS TO HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES
ACT. Title 19, Chapter 42, Idaho Code the Idaho Habeas Corpus And
Institutional Litigation Procedures Act is hereby amended by:
AMENDMENTS TO PAYMENT TO JURORS. Title 2, Chapter 2 of the Idaho
Code is hereby amended by adding a New Subsection 2-215(3) to read
REPEAL OF ACT CREATING THE IDAHO JUDICIAL COUNCIL. Title 1, Chapter 21, Sections 2101 through 2104, concerning the removal, discipline and retirement of Judicial Officers, is hereby repealed.
REPEAL OF JUDGES' RETIREMENT AND COMPENSATION FROM FEES IN CIVIL ACTIONS AND APPEALS. Title 1, Chapter 20, Section 2003, of Idaho Code, concerning filing fees collected and/or added to the judges retirement fund from fees collected in civil actions and appeals, is hereby repealed.