By Ruth Brown, Idaho Reports
The Senate Judiciary and Rules Committee introduced a bill Monday that makes changes to the replacement process for some Idaho Supreme Court justices, Court of Appeals judges, and district judges who retire before their terms are over.
The bill, sponsored by Senate Assistant Majority Leader Abby Lee, R-Fruitland, would temporarily fill judicial vacancies with senior judges until voters elect a new judge or justice in the next election, if that judge or justice uses the Plan B option.
Plan B judges are judges who agree to work for five years and provide 60 days of senior judge service each of those five years in exchange for enhanced retirement benefits. Senior judges are compensated only for the days that they actually serve and receive 85% of the daily salary of an active judge.
Currently, the Judicial Council interviews candidates for vacancies and submits finalists to the governor, who selects the next judge or justice. That person then serves the remainder of the retired judge or justice’s term.
Lee’s bill would only impact retirees who are Plan B judges or justices.
Filling mid-term judicial vacancies is sometimes controversial, as it takes the decision of who fills the seat out of voters’ hands. Four of the five current Idaho Supreme Court justices were originally appointed to the bench through the Judicial Council process; Justices Gregory Moeller, Colleen Zahn, Cynthia Meyer, and Chief Justice Richard Bevan.
Should Lee’s bill pass, vacant seats for Plan B judges and justices would remain vacant until the next election, with the senior judges filling in as needed.
If no candidate runs or is elected, the Judicial Council would then fill the vacant position through its selection process.
The bill would grandfather in any justice, appellate judge or district judge who is serving as of April 1, 2024. After that date, new judges and justices won’t be eligible for Plan B status.
The bill must still receive a full hearing before moving forward.
Editor’s note: This story has been updated from its original version. This bill would only impact retirees who are Plan B judges or justices.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.