[Vision2020] Burkett??
Saundra Lund
sslund at adelphia.net
Sat Oct 16 19:48:00 PDT 2004
Pat Kraut wrote:
"As I understand it, it means he cannot run unopposed. I don't know who else
would run or how they fix it but that was the explaination given to me."
Huh? I think either you misunderstood or you need to check your source.
Of *course* a Magistrate judge can run unopposed! In fact, I'm not seeing where
a Magistrate can *choose* to run -- unlike District Court judges, it seems
Magistrates must start out from appointment:
"There is a District Court in each of the 44 counties of the state. These
courts are divided into seven judicial districts with four to ten counties in
each district. Latah County is one of five counties which comprise the Second
Judicial District. District Court is divided into two sections, the District
Court and the Magistrate Division. District Judges are elected by qualified
electors in district-wide elections on a non-partisan ballot every four years.
Magistrates are appointed by a District Magistrate Commission. After initial
appointment to a two-year term, a Magistrate may be re-elected on a retention
ballot to a four-year term. Latah County has two resident Judges, one District
and one Magistrate. The District Judge has original jurisdiction in all cases
and proceedings; in the issuance of writs of mandamus, certiorari, prohibition,
habeas corpus and all writs necessary to the exercise of his/her powers;
appellate jurisdiction extends to all cases assigned to the Magistrate's
division of the District Court and to all other matters and cases where an
appeal is allowed by law. The Magistrate Judge is responsible for
infractions/trials, misdemeanors/trials, small claims court, felony
probable-cause hearings/felony preliminary hearings, divorce proceedings,
domestic violence hearings and is granted jurisdiction in civil proceedings
where the amount in controversy does not exceed $10,000. Both District Judge
and Magistrate Judge conduct jury trials; each issues subpoenas, warrants of
arrest and each hears probation violation matters."
http://www.latah.id.us/Dept/Court_Main.htm
So, it would seem that the recourse for being unhappy with a Magistrate is to
vote against retention. If a Magistrate isn't retained, then the District
Magistrate Commission would *appoint* someone to fill the position. At the end
of the two-year appointment, the Magistrate would then be on the ballot for
retention for four years. I'm certainly no expert, but I'm not aware of any
circumstances where a Magistrate in Idaho would run against an opponent.
Anyone have any further information about this?
Saundra Lund
Moscow, ID
The only thing necessary for the triumph of evil is for good people to do
nothing.
-Edmund Burke
-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] On
Behalf Of Pat Kraut
Sent: Saturday, October 16, 2004 6:49 PM
To: vision2020
Subject: Re: [Vision2020] Burkett??
As I understand it, it means he cannot run unopposed. I don't know who else
would run or how they fix it but that was the explaination given to me. Yes,
I have also heard problems in his rulings concerning divorces.
PK
----- Original Message -----
From: "Dan Carscallen" <predator75 at moscow.com>
To: <vision2020 at moscow.com>
Sent: Saturday, October 16, 2004 9:40 AM
Subject: Re: [Vision2020] Burkett??
> Not that I'm an expert on anything (although I have spent a night in a
> Holiday Inn Express at least once), but I've "heard" that there are people
> who are tired of Judge Hamlett's (for lack of a better word) leniency
> concerning traffic tickets. Again, this is all hearsay (perfect for
> Vision2020!), but supposedly any ticket written for less than 10 MPH over
> the posted speed limit is automatically dismissed. There have also been
> rumblings about his "fairness" in divorce and child support proceedings.
(I
> got a forwarded email a while back about this, wish I'd kept it to share
> with the masses)
>
> Again, I have nothing personal against Judge Hamlett, I'm just passing on
> what I've heard over the years. I just wonder what happens if we vote
"No"
> on retaining Mr. Hamlett, who do we end up with?
>
> DC
>
> ----- Original Message -----
> From: Saundra Lund
> To: 'Debbie Gray' ; 'Dick Schmidt' ; vision2020 at moscow.com
> Sent: Saturday, October 16, 2004 7:32 AM
> Subject: RE: [Vision2020] Burkett??
>
>
> Yes, Ms. Gray is correct.
>
> Does anyone know what's behind the "No on Hamlett" (little, based on the
> *very*
> small number of signs I've seen) crusade? I try to keep up on local
issues
> but
> don't recall any significant controversy. What have I missed?
>
>
> Saundra Lund
> Moscow, ID
>
> The only thing necessary for the triumph of evil is for good people to do
> nothing.
> -Edmund Burke
>
> -----Original Message-----
> From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
> On
> Behalf Of Debbie Gray
> Sent: Friday, October 15, 2004 5:06 PM
> To: Dick Schmidt; vision2020 at moscow.com
> Subject: Re: [Vision2020] Burkett??
>
> I think it's NO on Judge Hamlett, actually.
>
> On 15 Oct 2004 at 16:24, Dick Schmidt wrote:
>
> > All,
> >
> > I have seen a sign on the front lawn of someone on 3rd street that
> > says something about "NO Judge Burkett"
> > > What is that all about?
> > > Dick Schmidt
> >
>
> %^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%
> DebbieGray dgray at uidaho.edu
> Research Analyst 208-885-4017
> University of Idaho
> Dept of Ag Econ and Rural Sociology
> %^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%
>
>
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> _____________________________________________________
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> http://www.fsr.net
> mailto:Vision2020 at moscow.com
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>
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