Bill Description: Senate Bill 1324 would prohibit appointed state supreme court justices, court of appeals judges, and district court judges from seeking reelection to their appointed position. 

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Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?

Senate Bill 1324 would amend sections 1-2404, 34-615, and 34-616, Idaho Code, which deal with court of appeals judges, state supreme court justices, and district court judges, respectively. Each section would be amended to say that no one appointed to that position by the Governor “is eligible to be a candidate for election to that same seat at the next election held for such seat following the appointment.”

This change is intended to address the high reelection rate for judicial incumbents, which has the practical effect of allowing appointees to bypass the heightened scrutiny that typically accompanies an initial run for elected office.

It would also reduce a Governor’s ability to “stack the court” with favored appointees.

While these changes could be beneficial, they would limit the right of these judges and justices to seek reelection, and by extension, limit the right of voters to keep deserving appointees in their positions.

It could also have the effect of generating poor appointees, because the number (and caliber) of qualified individuals who would want to accept the position but be barred from retaining it would be reduced compared to those who would seek or accept an appointment under the current system.

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