David M. Estes
1308 10th Avenue
Lewiston ID 83501
(208) 746-1744

     AN INITIATIVE CALLING ITSELF THE PUBLIC EMPLOYEE ACCOUNTABILITY ACT AND STATING THAT THERE IS AN ABUSE OF THE COMMON LAW CLAIM OF JUDICIAL IMMUNITY FROM CIVIL LIABILITY FOR ACTIONS TAKEN BY PUBLIC EMPLOYEES IN THEIR JUDICIAL OR QUASI-JUDICIAL CAPACITIES AND THAT THIS INITIATIVE IS INTENDED TO ENSURE FAIRNESS IN JUDICIAL AND QUASI-JUDICIAL PROCEEDINGS,
    DEFINING MALFEASANCE TO INCLUDE WRONGFUL ACTS THAT ONE HAS NO LEGAL RIGHT TO DO, WRONGFUL CONDUCT THAT AFFECTS, INTERRUPTS OR INTERFERES WITH PERFORMANCE OF OFFICIAL DUTIES, OR ACTS FOR WHICH THERE IS NO WARRANT IN LAW OR THAT A PERSON OUGHT NOT DO, OR THE UNJUST PERFORMANCE OF AN ACT, WHICH A PERSON HAS NO RIGHT TO DO OR HAS A LEGAL OR FIDUCIARY DUTY NOT TO DO,
    DEFINING PUBLIC EMPLOYEE TO INCLUDE JUDGES AND PROSECUTORS (BUT NOT WITNESSES, JURORS, LEGISLATORS OR THE GOVERNOR),
    ALLOWING SUIT AGAINST AND IMPOSITION OF PERSONAL LIABILITY UPON PUBLIC EMPLOYEES FOR THE WILLFUL AND WANTON COMMISSION OF A CRIME OR MALFEASANCE WHILE INVOLVED IN ANY JUDICIAL, QUASI-JUDICIAL, CIVIL OR CRIMINAL PROCEEDING, BUT EXCLUDING LIABILITY FOR NEGLIGENT ACTS,
    AND PROVIDING FOR SEVERABILITY IF ANY PART OF THE INITIATIVE IS UNCONSTITUTIONAL.

Full Text

INTENT AND PURPOSE - This law shall be designated the Public Employee Accountability Act. It is recognized that there exists a problem with abuse of the judicial common law claim of absolute immunity from civil liability incurred while acting in a judicial or quasi judicial capacity. This law is intended to ensure fairness and equality in government judicial and quasi judicial proceedings and actions while at the same time ensuring that public employees are not unduly liable for their actions. This law adds a new section to Idaho Statute 6-904.

SECTION I. Definitions

  a. MALFEASANCE — Malfeasance shall be defined as any wrongful act which the actor has no legal right to do, or any wrongful conduct which affects, interrupts, or interferes with the performance of official duty, or an act for which there is no authority or warrant of law or which a person ought not to do at all, or the unjust performance of some act, which party performing it has no right, or has a legal and fiduciary duty not to do.

  b. PERSON — A person shall be defined as all public and private corporations or joint associations, as well as individuals.

  c. PUBLIC EMPLOYEE — A public employee shall mean in addition to its ordinary meaning, any government officer, employee, or servant of a governmental entity, including elected or appointed officials, and including all members of the judicial branch of government, as well as prosecutors, and persons acting on behalf of the government in any official capacity, temporarily or permanently in the service of the government, whether with or without compensation, and includes independent contractors who direct or control public policy or law enforcement and make decisions that will effect the rights of any person. A public employee shall not include witnesses, jurors, the governor or state legislators. In addition this section shall be strictly interpreted as to its meaning.

SECTION II. Prohibitions —

a. No public employee engaged in a quasi judicial proceeding, or members of the judicial branch of government including judges, magistrates, commissioners and their staffs whether elected or appointed, shall have absolute immunity from civil liability, and may be held personally liable, if the public employee or public official commits a crime, or malfeasance of office against any person while involved in any judicial, quasi judicial, civil or criminal proceeding. In determining intent or culpability of any actor, willful and wanton and not malice shall be the legal standard that is applicable. Ordinary error or negligence can be taken into consideration when deciding culpability but standing alone ordinary error or negligence must be appealed and no personal cause of action will lie against the public employee engaged in a quasi judicial or judicial proceeding when committing an ordinary error or negligence.

SECTION III. Severability — If any conflict between other laws shall exist, this act shall prevail over the conflicting law and if any phrase, sentence, paragraph or section of this act shall be declared unconstitutional, such decision shall have no effect on the remaining parts of this act. This law will take effect as soon as practicable if approved by the voters.