Idaho Gov. Little vetoes bill that gives executive more power over judge appointments
Idaho Gov. Brad Little on Wednesday vetoed a bill that would overhaul the Idaho judicial council and give the governor more authority over appointing judges.
The proposed changes in the bill — which was rushed through weeks before the Legislature recessed on Friday — need more vetting, Little wrote in his transmittal letter.
“There were components of (House Bill 782) that I supported, but I think it is in Idaho’s best interest to spend more time properly vetting these changes with all relevant stakeholders,” Little wrote. “Our starting point must be filtered through the lens of what will help us recruit and retain to quality judges for Idaho.”
House Bill 782 increases the number of gubernatorial appointments to the Idaho Judicial Council, the nonpartisan committee that vets and nominates candidates for judicial vacancies. The council nominates two to four people to fill any vacancy on a district court, appeals court or Idaho Supreme Court, and the governor chooses one from the nominations.
The bill would give the executive branch oversight over eight of the 11 seats on the council.
“Before you is a shift in power away from the Bar Commission, towards a more representative, balanced perspective of our bar membership,” Sen. Abby Lee, R-Fruitland, a co-sponsor, said during a debate last week. “It also allows an elected official, who is accountable to the people for filling elected vacancies, to pick those individuals who sit on the judicial council.”
Opponents said the changes would politicize the process for appointing judges. The legislation had bipartisan opposition, but was backed by GOP leadership in both the House and Senate.
Co-sponsor Rep. Greg Chaney, R-Caldwell, wrote a letter Wednesday to House Speaker Scott Bedke, R-Oakley, urging the Legislature to pause on changes to the judicial council.
Chaney suggested House and Senate leadership appoint representatives to a committee, organized by Idaho Chief Justice G. Richard Bevan, to study possible changes to the Idaho Judicial Council membership.
“As the branch least impacted by (House Bill 782) I question the wisdom of forcing through a change over the objections of both of the other branches either through a veto override or through a separate piece of legislation,” Chaney wrote.
Little has vetoed six bills from the 2022 legislative session. This week, he vetoed a bill that would prohibit companies from requiring COVID-19 vaccines for a year.
The Legislature will return Thursday to address vetoes, after this year’s session effectively ended Friday. It can override a veto if two-thirds of lawmakers present in each chamber approves the bill. The Senate would need to secure 24 votes if all members are present. The House would need 47 votes.
When the judicial council bill passed, 26 senators and 44 House members supported it. Two House members were absent.
Reporter Kevin Fixler contributed to this report.
This story was originally published March 30, 2022 at 3:04 PM.
