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Heather Scott seeks formal, nonbinding review process for court rules in HB581
Summary
Representative Heather Scott presented HB581 to establish a process for the legislature to notify the Idaho Supreme Court via resolution when court rules may conflict with statute; she emphasized the bill preserves judicial rulemaking and provides a nonbinding mechanism for legislative concerns.
Representative Heather Scott told the Judiciary and Rules Committee that House Bill 581 creates a modest, formal process allowing the legislature to notify the Idaho Supreme Court when lawmakers believe court rules may conflict with statute. Scott said the bill "does not give the legislature the authority to write court rules, and it doesn't invalidate any court rules," but would provide a vehicle to raise concerns by resolution.
"This is definitely just an oversight...it preserves the Supreme Court's rule making authority and it keeps the separation of powers," Scott said, adding she expects a resolution to have no binding effect but to "gently" open a dialogue. Representative Marco Erickson moved to send HB581 to the floor with a due-pass recommendation and the motion carried unanimously.
The committee closed its session after voting to advance HB581.
