Idaho Code § 1-806 — Idaho Code / Title 1 / Chapter 8 / Section 1-806
1-806 FIFTH DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-806. Fifth district — Number of judges — Resident chambers. (1) The fifth judicial district shall consist of the counties of Blaine, Camas, Gooding, Lincoln, Jerome, Minidoka, Cassia and Twin Falls.

(2) The fifth judicial district shall have seven (7) district judges.

(3) Resident chambers of the district judges of the fifth judicial district shall be established as follows:

(a) One (1) resident chambers shall be established in Blaine County;

(b) One (1) resident chambers shall be established in Minidoka County;

(c) Three (3) resident chambers shall be established in Twin Falls County;

(d) One (1) resident chambers shall be established in Cassia County;

(e) One (1) resident chambers shall be established in Gooding or Jerome County.

History:

[1-806, as reenacted 1967, ch. 51, sec. 1, p. 95; am. 1975, ch. 35, sec. 1, p. 63; am. 1977, ch. 239, sec. 1, p. 716; am. 1980, ch. 126, sec. 1, p. 285; am. 1982, ch. 357, sec. 1, p. 905; am. 1993, ch. 248, sec. 2, p. 870.]
Idaho Code § 1-1614 — Idaho Code / Title 1 / Chapter 16 / Section 1-1614
1-1614 COURTS HAVING SEALS.
Status: in_force

1-1614. Courts having seals. Each of the following courts has a seal:

1. The Supreme Court.

2. The district courts.

3. The magistrate's division of the district courts.

History:

[(1-1614) C.C.P. 1881, sec. 53; R.S., R.C. & C.L., sec. 3873; C.S., sec. 6488; I.C.A., sec. 1-1614; am. 1969, ch. 105, sec. 1, p. 360.]
Idaho Code § 1-2102 — Idaho Code / Title 1 / Chapter 21 / Section 1-2102
1-2102 DUTIES OF COUNCIL.
Status: in_force

1-2102. Duties of council. The judicial council shall:

(1) Conduct studies for the improvement of the administration of justice;

(2) Make reports to the supreme court and legislature at intervals of not more than two (2) years;

(3) Submit to the governor the names of not less than three (3) and not more than four (4) qualified persons for each vacancy in the office of justice of the supreme court, judge of the court of appeals, or district judge, one (1) of whom shall be appointed by the governor; provided that the council shall submit only the names of those qualified persons who are eligible to stand for election pursuant to section 1-2404, 34-615, or 34-616, Idaho Code; and provided further, that for each vacancy the governor may request one (1) time that up to three (3) additional names be submitted for the vacancy, in which case the council shall solicit interest in the vacancy a second time and submit the number of additional qualified applicants as the governor requested for the vacant position to be considered with the original list;

(4) For each list of names submitted to the governor under subsection (3) of this section, provide to the governor a report summarizing the factors considered in including each person on the list. Such factors may include references to comments and ratings received by the council regarding each nominee as well as other qualifications and considerations that the council considered in making its recommendations; provided however, that a comment that is not a public record or subject to disclosure pursuant to court rule shall not be disclosed in this report;

(5) Recommend the removal, discipline, and retirement of judicial officers, including magistrates;

(6) Prepare an annual budget request in the form prescribed in section 67-3502, Idaho Code, and submit such request to the supreme court, which shall include such request as submitted by the judicial council in the annual budget request of the judicial department;

(7) Not less than forty-eight (48) hours prior to an interview of an applicant by the judicial council, if requested by an applicant, disclose to the applicant any written information or comments provided to the judicial council about the applicant, removing information that would identify the commenter, as part of or to be considered in the application and interview process. No written information submitted to the council shall be submitted to council members nor considered by them if it has been requested by, but not disclosed to, the applicant to whom the information relates. If such information is not a public record or is not subject to disclosure pursuant to court rule, it shall not be publicly disclosed in any manner by any person except as permitted by this section; and

(8) Such other duties as may be assigned by law.

History:

[1-2102, added 1967, ch. 67, sec. 2, p. 153; am. 1985, ch. 29, sec. 3, p. 53; am. 1990, ch. 71, sec. 2, p. 153; am. 2011, ch. 13, sec. 1, p. 40; am. 2023, ch. 210, sec. 2, p. 586.]
Idaho Code § 1-1109 — Idaho Code / Title 1 / Chapter 11 / Section 1-1109
1-1109 TEMPORARY COURT REPORTER FOR RETIRED JUDGE HOLDING COURT.
Status: in_force

1-1109. Temporary court reporter for retired judge holding court. Should any retired district judge or justice of the Supreme Court hold district court in any county at the request of the district court thereof, or of the governor, or of the chief justice, and when any such request is made or approved by the chief justice, the administrative judge of the district shall appoint a temporary deputy court reporter for such justice or judge holding district court in compliance with and pursuant to the provisions of section 1-1108, Idaho Code. Such temporary deputy court reporter shall comply with all provisions of chapter 11, title 1, Idaho Code, and shall receive such compensation as is authorized by order of the Supreme Court, together with travel expenses and subsistence expenses incurred while absent from the city of his residence, in accordance with the provisions of "The Standard Travel Pay and Allowance Act of 1949." Compensation shall be paid for the days such temporary deputy court reporter is actually engaged in performance of his duties; such temporary deputy court reporter shall also be entitled to charge and receive for services in the preparation of transcripts only the fees allowed by law therefor.

History:

[I.C., sec. 1-1109, as added by S.L. 1967, ch. 101, p. 210; am. 1974, ch. 26, sec. 3, p. 804.]
Idaho Code § 1-711 — Idaho Code / Title 1 / Chapter 7 / Section 1-711
1-711 EXPENSES OF DISTRICT JUDGES.
Status: in_force

1-711. Expenses of district judges. There shall be paid to each of the judges of the district courts, out of the state treasury, his actual and necessary expenses for subsistence and travel incurred while absent from the city of his resident chambers in attending to and performing his official duties.

History:

[(1-711) R.S., sec. 6147; am. 1893, p. 66, sec. 1; reen. 1899, p. 181, sec. 1; reen. R.C., sec. 3836; modified by 1915, ch. 98, sec. 2, p. 237; compiled and reen. C.L., sec. 3836; C.S., sec. 6463; am. 1923, ch. 42, sec. 1, p. 47; I.C.A., sec. 1-711; am. 1963, ch. 101, sec. 1, p. 319.]
Idaho Code § 1-2209 — Idaho Code / Title 1 / Chapter 22 / Section 1-2209
1-2209 MAGISTRATES — ADMINISTRATIVE ASSIGNMENTS.
Status: in_force

1-2209. Magistrates — Administrative assignments. Magistrates may be assigned internal administrative functions of the court.

History:

[1-2209, added 1969, ch. 104, sec. 9, p. 353.]
Idaho Code § 1-703 — Idaho Code / Title 1 / Chapter 7 / Section 1-703
1-703 JURISDICTION OF JUDGES WHERE MORE THAN ONE — ADMINISTRATIVE JUDGE.
Status: in_force

1-703. Jurisdiction of judges where more than one — Administrative judge. Where there is more than one (1) judge in any district, the jurisdiction of the respective judges of said district shall be equal and coextensive with the boundaries of the district. In each judicial district there shall be an administrative judge elected by a majority of the district judges within the district to serve for a period of time as provided by rules of the Idaho supreme court. In the event a majority of the district judges cannot agree as to who shall be the administrative judge, then the appointment of the administrative judge shall be by a majority of the Idaho supreme court justices for a period of time as provided by rules of the Idaho supreme court. The administrative judge is hereby granted all powers and duties heretofore or hereafter granted to the senior district judge, and the administrative judge shall apportion the business of such district among such judges as equally as may be, but any judge shall have full power to hold terms of court, transact judicial business, make orders, grant or refuse writs and generally exercise all the powers of a district judge without the concurrence of the other judge or judges. The administrative judge shall receive an annual salary in an amount of three thousand dollars ($3,000) greater than the annual salary of a district judge to compensate for the additional duties of the office.

History:

[(1-703) 1911, ch. 4, sec. 1, p. 6; compiled and reen. C.L., sec. 3829b; C.S., sec. 6456; I.C.A., sec. 1-703; am. 1973, ch. 306, sec. 1, p. 666; am. 1974, ch. 26, sec. 1, p. 804; am. 1985, ch. 29, sec. 2, p. 53; am. 2004, ch. 320, sec. 1, p. 904; am. 2014, ch. 291, sec. 2, p. 734; am. 2017, ch. 168, sec. 2, p. 391.]
Idaho Code § 1-103 — Idaho Code / Title 1 / Chapter 1 / Section 1-103
1-103 PROBATE, POLICE AND JUSTICE OF THE PEACE COURTS ABOLISHED — TRANSFER OF JURISDICTION.
Status: in_force

1-103. Probate, police and justice of the peace courts abolished — Transfer of jurisdiction. All probate courts, justice of the peace courts, and police courts shall cease to exist on the date as provided in this act. Wherever the words probate court, justice court or police court appear in the Idaho Code they shall mean the district court, or the magistrate's division of the district court, as the case may be, and any power, duty, responsibility, function or jurisdiction of the probate court, justice court or police court shall be transferred to the district court or the magistrate's division of the district court, as the case may be. Wherever the words judge, probate judge, justice of the peace or police judge appear in the Idaho Code they shall mean the district judge or the magistrate of the district court, as the case may be, and any power, duty, responsibility, function or jurisdiction of the probate judge, justice of the peace, or police judge shall be transferred to the district judge or the magistrate of the district court, as the case may be.

History:

[1-103, added 1969, ch. 100, sec. 1, p. 344.]
Idaho Code § 1-704 — Idaho Code / Title 1 / Chapter 7 / Section 1-704
1-704 DISTRICT JUDGE — POWER TO HOLD COURT IN ANOTHER DISTRICT.
Status: in_force

1-704. District judge — Power to hold court in another district. A district judge may hold a court in any county in this state upon the request of the judge of the district in which such court is to be held; and when by reason of sickness or absence from the state, or from any other cause a court cannot be held in any county in a district by the judge thereof, a certificate of that fact must be transmitted by the clerk to the governor or chief justice of the Supreme Court, who may thereupon direct some other district judge to hold such court.

History:

[(1-704) C.C.P. 1881; R.S., R.C., & C.L., sec. 3886; C.S., sec. 6492; I.C.A., sec. 1-704; am. 1969, ch. 162, sec. 1, p. 496.]
Idaho Code § 1-2012 — Idaho Code / Title 1 / Chapter 20 / Section 1-2012
1-2012 RULES AND ADMINISTRATIVE POLICIES.
Status: in_force

1-2012. Rules and administrative policies. Subject to the other provisions of this chapter, the retirement board shall have the power and authority to adopt, amend and rescind such rules and administrative policies as may be necessary for the proper administration of this chapter.

History:

[1-2012, added 2006, ch. 72, sec. 1, p. 225; am. 2012, ch. 330, sec. 12, p. 922.]
Idaho Code § 1-1625 — Idaho Code / Title 1 / Chapter 16 / Section 1-1625
1-1625 DRUG COURT, MENTAL HEALTH COURT AND FAMILY COURT SERVICES FUND.
Status: in_force

1-1625. Drug court, mental health court and family court services fund. There is hereby created in the office of the state treasurer a special fund to be known as the drug court, mental health court and family court services fund. Moneys deposited into the fund pursuant to sections 19-4705 and 23-217, Idaho Code, subject to appropriation by the legislature, shall be used by the supreme court for the operations of drug courts and mental health courts, including drug testing, substance abuse treatment and supervision, mental health assessment, treatment and supervision, and related court programs, as provided in chapter 56, title 19, Idaho Code, for the purpose of assisting children and families in the courts, as provided in chapter 14, title 32, Idaho Code, and for other court services as provided by statute.

History:

[(1-1625) 1-1624, added 2003, ch. 291, sec. 2, p. 792; am. and redesig. 2004, ch. 318, sec. 1, p. 893; am. 2005, ch. 360, sec. 1, p. 1144; am. 2010, ch. 205, sec. 2, p. 446; am. 2016, ch. 34, sec. 2, p. 84.]
Idaho Code § 1-804 — Idaho Code / Title 1 / Chapter 8 / Section 1-804
1-804 THIRD DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-804. Third district — Number of judges — Resident chambers. (1) The third judicial district shall consist of the counties of Adams, Washington, Payette, Gem, Canyon and Owyhee.

(2) The third judicial district shall have eight (8) district judges.

(3) Resident chambers of the district judges of the third judicial district shall be established as follows:

(a) One (1) resident chambers shall be established in Washington or Payette county.

(b) Seven (7) resident chambers shall be established in Canyon county.

History:

[1-804, as reenacted 1967, ch. 51, sec. 1, p. 95; am. 1977, ch. 26, sec. 1, p. 48; am. 1982, ch. 301, sec. 1, p. 763; am. 1985, ch. 39, sec. 1, p. 81; am. 1996, ch. 426, sec. 1, p. 1454; am. 2006, ch. 266, sec. 2, p. 827; am. 2013, ch. 38, sec. 1, p. 79; am. 2021, ch. 29, sec. 1, p. 68.]
Idaho Code § 1-2303 — Idaho Code / Title 1 / Chapter 23 / Section 1-2303
1-2303 FILING OF CLAIM — DEFAULT.
Status: in_force

1-2303. Filing of claim — Default. (1) Upon filing a claim, the clerk shall furnish to the plaintiff a form of answer and instructions to the defendant, which among other matters shall advise the defendant that if the defendant desires to have a hearing on the matter, the defendant must sign, complete and file the answer with the clerk. The instructions also shall notify the defendant that if the defendant does not sign and file the answer within twenty-one (21) days from the date of service on the defendant, judgment will be entered as requested in the claim.

(2) If no answer is filed within twenty-one (21) days, judgment may be entered by the court as provided in rule 55, I.R.C.P. If an answer is filed by the defendant, the court shall set the matter for trial or mediation by notice mailed to each party.

(3) The court shall collect in advance upon each claim the sum of thirty-three dollars ($33.00), which shall be in addition to the costs necessary to effect service of the claim upon the defendant. This fee shall be distributed as follows: seven dollars ($7.00) shall be paid to the county treasurer for deposit in the district court fund of the county; six dollars ($6.00) shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fee to the state treasurer for deposit in the senior magistrate judges fund; and twenty dollars ($20.00) shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

History:

[1-2303, added 2000, ch. 250, sec. 5, p. 705; am. 2009, ch. 80, sec. 1, p. 221; am. 2014, ch. 190, sec. 2, p. 507; am. 2018, ch. 126, sec. 1, p. 265; am. 2023, ch. 78, sec. 2, p. 265.]
Idaho Code § 1-1622 — Idaho Code / Title 1 / Chapter 16 / Section 1-1622
1-1622 INCIDENTAL MEANS TO EXERCISE JURISDICTION.
Status: in_force

1-1622. Incidental means to exercise jurisdiction. When jurisdiction is, by this code, or by any other statute, conferred on a court or judicial officer all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction if the course of proceedings be not specially pointed out by this code, or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.

History:

[(1-1622) C.C.P. 1881, sec. 72; R.S., R.C., & C.L., sec. 3925; C.S., sec. 6511; I.C.A., sec. 1-1622.]
Idaho Code § 1-2408 — Idaho Code / Title 1 / Chapter 24 / Section 1-2408
1-2408 CHIEF JUDGE.
Status: in_force

1-2408. Chief judge. The chief justice of the supreme court shall appoint a chief judge of the court of appeals for a term of two (2) years or such shorter period as may be determined by the chief justice. The chief judge shall exercise such administrative powers as may be delegated by the full membership of the court of appeals, not in conflict with supreme court rules. The chief judge shall receive an annual salary in an amount of three thousand dollars ($3,000) greater than the annual salary of a judge of the court of appeals to compensate for the additional duties of the office.

History:

[1-2408, added 1980, ch. 245, sec. 1, p. 568; am. 1981, ch. 271, sec. 3, p. 574; am. 2014, ch. 291, sec. 5, p. 736; am. 2017, ch. 168, sec. 3, p. 392.]
Idaho Code § 1-2001a — Idaho Code / Title 1 / Chapter 20 / Section 1-2001a
1-2001a JUDGES ALREADY RETIRED — RETIREMENT COMPENSATION — ACT TO OPERATE PROSPECTIVELY.
Status: in_force

1-2001a. Judges already retired — Retirement compensation — Act to operate prospectively. Every person eligible for retirement compensation who has served as justice of the Supreme Court or judge of the district court who has retired or resigned before the effective date July 1, 1967 of this act shall be entitled to receive and to have paid to him from the judges' retirement fund, retirement compensation based upon the current annual compensation of the office from which he retired or resigned, less a sum equal to 10% of any increase in retirement compensation to which he may become entitled after the effective date of this act.

This act shall operate prospectively, and shall not give to any retired justice or judge a claim against the judges' retirement fund for any increase in retirement compensation for time elapsed prior to the effective date hereof.

History:

[I.C., sec. 1-2001a, as added by 1965, ch. 308, sec. 2, p. 835; am. 1967, ch. 301, sec. 2, p. 853; am. 1969, ch. 183, sec. 2, p. 543.]
Idaho Code § 1-403 — Idaho Code / Title 1 / Chapter 4 / Section 1-403
1-403 FILING PAPERS.
Status: in_force

1-403. Filing papers. He must file all papers that may be legally lodged with him for that purpose, noting the day, month, and year when so filed.

History:

[(1-403) 1864, p. 423, sec. 4; R.S., sec. 264; R.C. & C.L., sec. 214; C.S., sec. 191; I.C.A., sec. 1-403.]
Idaho Code § 1-2304 — Idaho Code / Title 1 / Chapter 23 / Section 1-2304
1-2304 SERVICE OF PROCESS — SERVICE BY MAIL.
Status: in_force

1-2304. Service of process — Service by mail. (1) A summons, copy of the claim, form of answer and instructions to defendant shall be served upon the defendant by personal service in the manner provided by law, or when a request is made therefor by the plaintiff, service of process may be made upon the defendant by mail, as herein provided.

(2) The plaintiff may request service upon the defendant by mail by endorsing his request in writing upon the claim, which request shall include the address to be used in mailing. The court shall mail to the defendant at the address given in the endorsement a summons, copy of the claim, form of answer and instructions to the defendant. Service of process by mail shall be made by registered or certified mail, return receipt requested, and shall be complete upon the return of the receipt signed by the defendant to the court. The signature of the defendant on the return receipt shall constitute prima facie proof of service by mail. The plaintiff shall bear the cost of service of process by mail.

(3) The costs to plaintiff for personal service of process on the defendant, in addition to the filing fee provided in section 1-2303, Idaho Code, shall be added to any judgment for the plaintiff.

History:

[1-2304, added 2000, ch. 250, sec. 6, p. 705.]
Idaho Code § 1-905 — Idaho Code / Title 1 / Chapter 9 / Section 1-905
1-905 VACANCY IN OFFICE — ABSENCE OR DISABILITY OF JUDGE — JURISDICTION OF OTHER JUDGES.
Status: in_force

1-905. Vacancy in office — Absence or disability of judge — Jurisdiction of other judges. In case of a vacancy in the office of any district judge, or in his absence from the judicial district or state, or his sickness or inability to act from any cause, motions may be made before, or orders granted by, any other district judge, who shall have the same jurisdiction under this chapter as though he was the judge of said district, and orders, writs and judgments entered by such judge shall be made matters of record as herein directed and have the same effect as though made by the judge of said district.

History:

[(1-905) 1905, p. 7, sec. 5; reen. R.C., sec. 3894; am. 1911, ch. 206, p. 676; reen. C.L., sec. 3894; C.S., sec. 6497; I.C.A., sec. 1-905.]
Idaho Code § 1-2219 — Idaho Code / Title 1 / Chapter 22 / Section 1-2219
1-2219 MAGISTRATES — SALARIES AND TRAVEL EXPENSES.
Status: in_force

1-2219. Magistrates — Salaries and travel expenses. The state shall provide for the salaries and travel expenses of the magistrates of the district court.

History:

[1-2219, added 1969, ch. 121, sec. 3, p. 381.]
Idaho Code § 1-2223 — Idaho Code / Title 1 / Chapter 22 / Section 1-2223
1-2223 MAGISTRATE JUDGES HANDLING JUVENILE DELINQUENCY CASES.
Status: in_force

1-2223. Magistrate judges handling juvenile delinquency cases. (1) Each magistrate judge in a judicial district who is assigned juvenile delinquency matters shall receive instruction in a course designed for training of judges of juvenile courts.

(2) Each magistrate judge to whom this section applies shall attend instruction provided when it is offered for the first time after his appointment, election or assignment, unless he is excused by written order of the supreme court.

(3) The administrative director of the courts shall arrange for giving appropriate instruction to magistrate judges as required by the provisions of this section.

History:

[1-2223, added 1989, ch. 155, sec. 16, p. 395; am. 1991, ch. 98, sec. 1, p. 218.]
Idaho Code § 1-809 — Idaho Code / Title 1 / Chapter 8 / Section 1-809
1-809 RESIDENCE REQUIREMENT OF JUDGES.
Status: in_force

1-809. Residence requirement of judges. District judges shall actually reside at the place designated as resident chambers.

History:

[1-809, added 1967, ch. 51, sec. 2, p. 95.]
Idaho Code § 1-2307 — Idaho Code / Title 1 / Chapter 23 / Section 1-2307
1-2307 ATTORNEYS AT LAW — COLLECTION AGENCIES — WITNESSES AND EVIDENCE — JUDGMENT.
Status: in_force

1-2307. Attorneys at law — Collection agencies — Witnesses and evidence — Judgment. It shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf, themselves and witnesses appearing at such hearing, and being duly sworn as in other cases, and the magistrate shall render and enter judgment as in other cases. No attorney at law shall appear before the court on behalf of any party at any trial, pretrial matter or posttrial motion in the small claims department; provided however, that nothing herein shall be construed to prevent an attorney at law from providing a party with legal advice concerning the issues in a case or the preparation or presentation of the case, including the preparation of exhibits, affidavits, or memoranda to be presented by the party to the action. An attorney may appear in any proceeding after entry of a small claims judgment relating to the execution of the judgment, including any proceeding for the examination of the judgment debtor in aid of execution of the judgment. Any attorney at law or law firm may be a party to a small claims proceeding and may prosecute any claim the attorney or law firm may have, except any claim obtained by assignment, and may appear before the court as any other plaintiff or defendant in the case.

(2) In any case in which a business organization is a party including, without limitation, a corporation, whether nonprofit or for profit, partnership, professional association or sole proprietorship, no person shall represent the organization except an owner of a substantial interest in the organization or any nonattorney employee of the organization. At the option of the business organization, the same owner or nonattorney employee may represent the business organization in any trial de novo on appeal to the magistrate division and the organization shall not be required to appear through an attorney at law.

(3) Any assignee of a debt or claim triable in the small claims department, including any licensed collection agency, may bring an action in small claims court; provided however, that no attorney at law who is an assignee of the debt or claim may appear before the small claims court.

History:

[(1-2307) 1-2308, added 1969, ch. 103, sec. 8, p. 348; am. 1991, ch. 291, sec. 1, p. 751; am. 1996, ch. 373, sec. 3, p. 1270; am. and redesig. 2000, ch. 250, sec. 10, p. 707.]
Idaho Code § 1-2224 — Idaho Code / Title 1 / Chapter 22 / Section 1-2224
1-2224 SENIOR MAGISTRATE JUDGES FUND.
Status: in_force

1-2224. Senior magistrate judges fund. (1) There is hereby created in the office of the state treasurer, separate and apart from other funds of the state, a dedicated fund to be known as the senior magistrate judges fund. Moneys deposited into the fund pursuant to section 31-3201A, Idaho Code, shall, subject to appropriation, be used by the Idaho supreme court to purchase up to a maximum of forty-eight (48) months of membership service in the public employee retirement system of Idaho under section 59-1363, Idaho Code, for retiring magistrate judges of the district court who hold office under the provisions of chapter 22, title 1, Idaho Code, at the time of their retirement. The supreme court's purchase of membership service in the public employee retirement system of Idaho under this section shall also be restricted by any applicable limits and requirements established by the public employee retirement system of Idaho and by the United States internal revenue service.

(2) The actual number of months of membership service the supreme court may purchase on behalf of a person shall be based upon the period of full-time service provided to the judicial department by that person prior to retirement and the person's willingness to perform service as a senior judge if he or she is designated a senior judge by the supreme court pursuant to section 1-2005 or 1-2221, Idaho Code.

(3) The supreme court may adopt rules for the application and implementation of subsections (1) and (2) of this section including, but not limited to, establishing eligibility requirements and a formula, criteria and procedures for determining the number of months of membership service the court will purchase on behalf of a person.

(4)(a) In addition to the potential purchase of up to forty-eight (48) months of membership service in the public employee retirement system of Idaho, as set forth in this section, and without regard to whether a magistrate judge serves in the capacity of a senior magistrate, effective July 1, 2024, a magistrate judge that is retiring and is eligible to receive retirement compensation under the public employee retirement system of Idaho shall be entitled to a retirement bonus after retirement of twenty-five thousand dollars ($25,000) if:

(i) The magistrate judge retires at the conclusion of the term of office to which the magistrate judge was most recently elected or appointed;

(ii) The magistrate judge has given written notice to the supreme court, which shall announce the upcoming retirement to the general public and the legislature in the same manner that judicial vacancies are customarily announced; and

(iii) Such announcement is made not less than one (1) year in advance of the retirement.

(b) If the requirements in paragraph (a) of this subsection are not met, then such retiring magistrate judge shall not be eligible to receive the retirement bonus provided for in this subsection.

(5) Moneys deposited into the fund may be allowed to accumulate from year to year for the purposes set forth in this section, and all interest earned on the investment of idle moneys in the fund by the state treasurer shall be returned to the fund.

History:

[1-2224, added 2006, ch. 267, sec. 1, p. 828; am. 2024, ch. 325, sec. 2, p. 1077.]
Idaho Code § 1-2002 — Idaho Code / Title 1 / Chapter 20 / Section 1-2002
1-2002 JUDGES' RETIREMENT FUND — POWERS AND DUTIES OF THE RETIREMENT BOARD — INDEMNIFICATION.
Status: in_force

1-2002. Judges' retirement fund — powers and duties of the retirement board — indemnification. (1) For the purpose of paying such retirement compensation, there is hereby created in the office of the treasurer of the state of Idaho a fund to be known as the "Judges' Retirement Fund," which shall be separate and apart from all public moneys or funds of this state, which shall be maintained in trust exclusively for the purpose of the provisions of this chapter, and which shall consist of all moneys appropriated from the general fund, and all moneys received from special fees to be paid by parties to civil actions and proceedings, other than criminal, commenced in or appealed to the several courts of the state, together with all contributions out of the salaries and compensation of justices and judges, and interest received from investment, and reinvestment, of moneys of the judges' retirement fund, all as hereinafter provided. The retirement board shall serve as trustee of the trust.

(2) The members of the retirement board, public employee retirement system staff and mortgage and investment committee members shall be provided a defense and indemnified, and the retirement board may determine to provide a defense and indemnity, or refuse a defense and disavow and refuse to pay any judgment, to the same extent as provided in section 59-1305(1), Idaho Code.

(3) All sums of money so accrued and accruing to the judges' retirement fund, less an amount deemed reasonable and necessary by the retirement board to pay for administrative expenses of the judges' retirement fund, are hereby appropriated to the payment of the annual retirement compensation of such retired justices and judges, and to payment of the allowances to surviving spouses.

(4) The retirement board shall submit an annual report for each fiscal year on the status and condition of the judges' retirement fund to the supreme court, to the chairman of the judiciary and rules committee of the senate, to the chairman of the judiciary, rules and administration committee of the house and to the chairmen of the joint finance-appropriations committee. Such report shall include a fiscal year end actuarial evaluation of the judges' retirement fund and shall include a specific report on any costs or savings arising from the retirement of persons under the provisions of subsection (2)(b) of section 1-2001, Idaho Code. The retirement board shall consult with the administrative director of the courts concerning any prospective changes or amendments to statutes and rules relating to the judges' retirement fund.

History:

[1-2002, added 1947, ch. 104, sec. 2, p. 210; am. 1965, ch. 308, sec. 3, p. 835; am. 1982, ch. 299, sec. 1, p. 761; am. 2012, ch. 330, sec. 3, p. 916; am. 2012, ch. 330, sec. 4, p. 916.]
Idaho Code § 1-407 — Idaho Code / Title 1 / Chapter 4 / Section 1-407
1-407 AUTHORITY TO TAKE ACKNOWLEDGMENTS.
Status: in_force

1-407. Authority to take acknowledgments. He is authorized to take acknowledgments of deeds and instruments of writing under the seal of his office.

History:

[(1-407) 1864, p. 423, sec. 8; R.S., sec. 268; R.C. & C.L., sec. 218; C.S., sec. 195; I.C.A., sec. 1-407.]
Idaho Code § 1-1606 — Idaho Code / Title 1 / Chapter 16 / Section 1-1606
1-1606 COURTS — DAYS WHEN HELD.
Status: in_force

1-1606. Courts — Days when held. The courts of justice may be held and judicial business be transacted on any day except as provided in the next section.

History:

[(1-1606) C.C.P. 1881, sec. 45; R.S., R.C., & C.L., sec. 3865; C.S., sec. 6480; I.C.A., sec. 1-1606.]
Idaho Code § 1-408 — Idaho Code / Title 1 / Chapter 4 / Section 1-408
1-408 OFFICIAL BOND.
Status: in_force

1-408. Official bond. The clerk of the Supreme Court shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code.

History:

[(1-408) 1864, p. 423, sec. 2; R.S., sec. 269; R.C. & C.L., sec. 219, C.S., sec. 196; I.C.A., sec. 1-408; am. 1971, ch. 136, sec. 1, p. 522.]
Idaho Code § 1-2205 — Idaho Code / Title 1 / Chapter 22 / Section 1-2205
1-2205 DISTRICT MAGISTRATES COMMISSION — POWERS AND DUTIES.
Status: in_force

1-2205. District magistrates commission — Powers and duties. (1) The district magistrates commission shall have the following powers and duties:

(a) To determine the number and location of magistrate judges to be appointed within the judicial district, subject to appropriations by the legislature, pursuant to section 1-2215, Idaho Code; provided, that there shall be at least one (1) resident magistrate judge appointed in each county, except for those counties in which the board of county commissioners, at any time, has adopted by majority vote, without subsequent rescission, a resolution waiving the right to a resident magistrate judge, pursuant to section 31-879, Idaho Code;

(b) To appoint the magistrate judges within the district on a nonpartisan merit basis, except as provided in section 1-2220, Idaho Code;

(c) To conduct studies for the improvement of the administration of justice within the district and to make recommendations for improvements therein to the legislature, the supreme court, the district court and such other governmental agencies as may be interested in or affected by such recommendations; and

(d) To carry out the provisions of chapter 60, title 19, Idaho Code, assigned to the district magistrates commission.

(2) The actions of the commission pursuant to subsection (1)(a) and (b) of this section shall be subject to disapproval by a majority of the district judges in the district within thirty (30) days after written notice to the district judges of the commission's actions, unless such time be extended for good cause by order of the supreme court.

History:

[1-2205, added 1969, ch. 104, sec. 5, p. 353; am. 1973, ch. 78, sec. 1, p. 124; am. 1977, ch. 233, sec. 3, p. 695; am. 1980, ch. 393, sec. 1, p. 998; am. 1981, ch. 111, sec. 1, p. 167; am. 2008, ch. 38, sec. 3, p. 92; am. 2023, ch. 220, sec. 2, p. 667.]
Idaho Code § 1-702 — Idaho Code / Title 1 / Chapter 7 / Section 1-702
1-702 DISTRICT JUDGES — ELECTION AND TERM — NEW DISTRICT JUDGESHIP AND APPOINTMENT TO FILL VACANCY.
Status: in_force

1-702. District judges — Election and term — New district judgeship and appointment to fill vacancy. The district court is presided over by district judges chosen by the qualified electors of their respective districts for a term of four (4) years, except that upon the creation of a new district judgeship in any district or upon the appointment by the governor to fill a vacancy in a district judgeship in any district, such judge shall be appointed to hold office until the first Monday in January following the next judicial nominating election for district judges occurring at least one (1) year following the date of the judge's appointment and until his successor is elected and qualified.

History:

[(1-702) R.C., sec. 3829; am. 1911, ch. 4, sec. 1, p. 6; compiled and reen. C.L., sec. 3829a; C.S., sec. 6455; I.C.A., sec. 1-702; am. 2002, ch. 214, sec. 1, p. 593; am. 2007, ch. 1, sec. 1, p. 3; am. 2022, ch. 85, sec. 1, p. 249.]
Idaho Code § 1-2203A — Idaho Code / Title 1 / Chapter 22 / Section 1-2203A
1-2203A DISTRICT MAGISTRATES COMMISSION — TERMS.
Status: in_force

1-2203A. district magistrates commission — terms. (1) Except as otherwise provided in this subsection, the mayors shall serve terms on the commission of five (5) years and may succeed themselves, provided that their terms will end when they cease to hold the office that entitles them to membership on the commission. The terms of all mayors serving on a magistrates commission as of September 30, 2021, shall terminate on September 30, 2021, provided, however, the appointing authority may reappoint a mayor to an applicable designated position on the commission. On and after October 1, 2021, with respect to:

(a) Mayor A, the initial term shall be one (1) year, ending September 30, 2022, and thereafter the term of mayor A shall end on September 30 in years that end in two (2) or seven (7);

(b) Mayor B, the initial term shall be three (3) years, ending September 30, 2024, and thereafter the term of mayor B shall end on September 30 in years that end in four (4) or nine (9); and

(c) Mayor C, the initial term shall be five (5) years, ending September 30, 2026, and thereafter the term of mayor C shall end on September 30 in years that end in one (1) or six (6).

(2) Except as otherwise provided in this subsection, the qualified electors shall serve terms on the commission of five (5) years and may succeed themselves, provided that their terms will end when they cease to reside in the district. The terms of all qualified electors serving on a magistrates commission as of September 30, 2021, shall terminate on September 30, 2021, provided, however, the appointing authority may reappoint a qualified elector to an applicable designated position on the commission. On and after October 1, 2021, with respect to:

(a) Elector A, the initial term shall be two (2) years, ending September 30, 2023, and thereafter the term of elector A shall end on September 30 in years that end in three (3) or eight (8); and

(b) Elector B, the initial term shall be four (4) years, ending September 30, 2025, and thereafter the term of elector B shall end on September 30 in years that end in zero (0) or five (5).

(3) Except as otherwise provided in this subsection, attorneys shall serve for a term of two (2) years and may succeed themselves for two (2) additional terms. The terms of all attorneys on a magistrates commission on September 30, 2021, shall terminate on September 30, 2021, provided, however, the appointing authority may reappoint an attorney to an applicable designated position on the commission, subject to the term limit in this subsection. On and after October 1, 2021, with respect to:

(a) Attorney A, the initial term shall be one (1) year, ending September 30, 2022, and thereafter the term of attorney A shall end on September 30 in even-numbered years; and

(b) Attorney B, the initial term shall be two (2) years, ending September 30, 2023, and thereafter the term of attorney B shall end on September 30 in odd-numbered years.

(4) Except as otherwise provided in this subsection, the magistrate judge shall serve for a term of two (2) years and may succeed himself for two (2) additional terms. The terms of all magistrate judges serving on a magistrates commission as of September 30, 2021, shall terminate on September 30, 2021, provided, however, the appointing authority may reappoint a magistrate judge to the magistrates commission, subject to the term limit in this subsection. On and after October 1, 2021, the term of the magistrate judge shall end on September 30 in odd-numbered years.

(5) Except as otherwise provided in this subsection, the county clerk shall serve for a term of two (2) years and may succeed himself for two (2) additional terms. The terms of all county clerks serving on a magistrates commission as of September 30, 2021, shall terminate on September 30, 2021, provided, however, the appointing authority may reappoint a county clerk to the magistrates commission, subject to the term limit in this subsection. On and after October 1, 2021, with respect to the county clerk, the initial term shall be one (1) year, ending September 30, 2022, and thereafter the term of the county clerk shall end on September 30 in even-numbered years.

History:

[1-2203A, added 2021, ch. 85, sec. 2, p. 286.]
Idaho Code § 1-2403 — Idaho Code / Title 1 / Chapter 24 / Section 1-2403
1-2403 COURT OF APPEALS ESTABLISHED — ADMINISTRATION AND SUPERVISION.
Status: in_force

1-2403. Court of appeals established — Administration and supervision. There is hereby created the Idaho court of appeals. The court of appeals shall be part of the judicial branch of government and shall be subject to administration and supervision by the supreme court of Idaho pursuant to article 5, section 2 of the Idaho constitution.

History:

[1-2403, added 1980, ch. 245, sec. 1, p. 565.]
Idaho Code § 1-404 — Idaho Code / Title 1 / Chapter 4 / Section 1-404
1-404 RESPONSIBILITY FOR BOOKS AND PAPERS.
Status: in_force

1-404. Responsibility for books and papers. He is responsible for the safe custody and delivery to his successor of all books and papers belonging to his office.

History:

[(1-404) 1864, p. 423, sec. 5; R.S., sec. 265; R.C. & C.L., sec. 215; C.S., sec. 192; I.C.A., sec. 1-404.]
Idaho Code § 1-206 — Idaho Code / Title 1 / Chapter 2 / Section 1-206
1-206 QUORUM — ADJOURNMENTS.
Status: in_force

1-206. Quorum — Adjournments. The presence of three (3) justices is necessary for the transaction of business, but one (1) of the justices may adjourn the court from day to day with the same effect as if all were present.

History:

[(1-206) C.C.P. 1881, sec. 23; R.S., R.C., & C.L., sec. 3819; C.S., sec. 6447; am. 1921, ch. 29, sec. 2; I.C.A., sec. 1-206.]
Idaho Code § 1-2203 — Idaho Code / Title 1 / Chapter 22 / Section 1-2203
1-2203 DISTRICT MAGISTRATES COMMISSION — CREATION — MEMBERS — APPOINTMENT — QUALIFICATIONS.
Status: in_force

1-2203. District magistrates commission — creation — Members — appointment — qualifications. (1) There is hereby established in each judicial district of the state of Idaho a district magistrates commission to be known as the "district magistrates commission of the …. judicial district," the members of which shall consist of:

(a) The chairman of the board of county commissioners of each county in the district or member of such board designated by the chairman;

(b) The mayors of three (3) municipalities, to be appointed by the governor, one (1) of whom shall be from a city of more than ten thousand (10,000) population based on the most recent federal decennial census, which position shall be designated as mayor A, and the other two (2) positions designated as mayor B and mayor C, respectively;

(c) Two (2) qualified electors residing within the district, to be appointed by the governor, one (1) position designated as elector A and the other as elector B;

(d) The administrative district judge of the district or district judge of the district designated by the administrative district judge;

(e) Two (2) attorneys nominated by the district bar associations in each district and appointed by the Idaho state bar, one (1) position designated as attorney A and the other as attorney B;

(f) A magistrate judge in the district, to be appointed by the administrative district judge; and

(g) A county clerk in the district, to be appointed by the administrative district judge.

(2) Each of the members shall be over the age of majority and shall be and remain a citizen of the United States, a bona fide resident of the state and district, and of good moral character.

(3) Forthwith after making any appointments to such commissions, the respective appointing authorities shall duly certify in writing to the administrative director of the courts and to the secretary of state the following facts with respect to each appointee:

(a) Full name;

(b) Age;

(c) Residence address;

(d) If employed, the nature of the appointee's occupation and business address;

(e) The name of the district magistrates commission to which appointed;

(f) The date of expiration of term for which appointed;

(g) The name of the person the appointee succeeds on the commission and, for a mayor, elector, or attorney member, the member's appropriate designation; and

(h) If a member other than a mayor, magistrate judge, or district judge, the appointee's political party.

(4) No member, other than the persons appointed while serving as mayor, county commissioner, clerk, magistrate judge, or district judge shall hold any city, county, or state elective office or be employed by the state or any city or county while a member of the commission.

History:

[1-2203, added 1969, ch. 104, sec. 3, p. 353; am. 1972, ch. 359, sec. 1, p. 1064; am. 1974, ch. 26, sec. 4, p. 804; am. 1977, ch. 233, sec. 1, p. 692; am. 1991, ch. 114, sec. 1, p. 242; am. 1994, ch. 396, sec. 1, p. 1254; am. 1996, ch. 163, sec. 1, p. 542; am. 2008, ch. 38, sec. 1, p. 90; am. 2020, ch. 131, sec. 1, p. 416; am. 2021, ch. 85, sec. 1, p. 284.]
Idaho Code § 1-203 — Idaho Code / Title 1 / Chapter 2 / Section 1-203
1-203 ORIGINAL JURISDICTION.
Status: in_force

1-203. Original jurisdiction. Its original jurisdiction extends to the issuance of writs of mandamus, certiorari, prohibition, habeas corpus, and all writs necessary or proper to the exercise of its appellate jurisdiction.

History:

[(1-203) C.C.P. 1881, sec. 20; R.S., R.C., & C.L., sec. 3816; C.S., sec. 6444; I.C.A., sec. 1-203.]
Idaho Code § 1-2312 — Idaho Code / Title 1 / Chapter 23 / Section 1-2312
1-2312 FORM FOR APPEAL — FILING AND DISPOSITION.
Status: in_force

1-2312. Form for appeal — Filing and disposition. An appeal from the small claims department may be in the following terms:

In the Magistrate's Division of the District Court for …. County, Idaho, …. Plaintiff, vs. …., Defendant. Comes now …., resident of …. County, Idaho and appeals from the decision of the small claims department of the magistrate's division for …. County, Idaho, wherein a judgment for …. dollars was awarded against him on the …. day of …., …..

Such appeal shall be filed with the magistrate's division. Such appeal shall be tried in the magistrate's division without any other pleadings than those required in the small claims department originally trying the cause, all papers in the case shall be certified to said lawyer magistrate as is now provided by law in other cases of appeals in civil actions in the magistrate's division, provided, however, that said lawyer magistrate may require such other or further statements and information as he may deem necessary for the proper consideration of said controversy.

History:

[1-2312, added 1969, ch. 103, sec. 12, p. 348; am. 1985, ch. 167, sec. 2, p. 444; am. 2002, ch. 32, sec. 1, p. 47.]
Idaho Code § 1-1623 — Idaho Code / Title 1 / Chapter 16 / Section 1-1623
1-1623 COURT TECHNOLOGY FUND — ANNUAL REPORT.
Status: in_force

1-1623. court technology fund — annual report. (1) There is hereby created in the office of the state treasurer the court technology fund. Moneys deposited into the fund pursuant to sections 1-2303, 1-2311, 10-1305, 31-3201, 31-3201A, 31-3201H and 31-3221, Idaho Code, upon appropriation by the legislature, shall be used by the supreme court for the purpose of maintaining, replacing and enhancing the court technology program, and other technologies that assist in the efficient management of the courts or that improve access to the courts and court records including, but not limited to, a system for payments by credit card or debit card as provided in section 31-3221, Idaho Code, development of electronic filing of documents in court cases, video conferencing and electronic access to court records. The court technology fund shall be separate and distinct from the state general fund, and expenditures from the court technology fund shall be solely dedicated to the purposes set forth in this section. Moneys deposited into the fund may be allowed to accumulate from year to year for designated maintenance, replacement, extension or enhancement of the court technology program and for other technologies that assist in the efficient management of the courts. Interest earned on the investment of idle moneys in the court technology fund shall be returned to the court technology fund.

(2) On or before the first day of each legislative session, the supreme court shall provide an annual report for the previous fiscal year to the governor, the chairman of the judiciary and rules committee of the senate, the chairman of the judiciary, rules and administration committee of the house of representatives and the chairmen of the joint finance-appropriations committee that summarizes the status of the court technology fund, the maintenance, replacement, extension or enhancement of court technology, and the manner and extent to which court technology has advanced the timely resolution of cases, improved access to the courts, produced savings and made more effective use of judicial resources.

History:

[1-1623, added 1997, ch. 28, sec. 1, p. 48; am. 1998, ch. 76, sec. 2, p. 278; am. 2005, ch. 240, sec. 1, p. 743; am. 2006, ch. 73, sec. 1, p. 226; am. 2010, ch. 205, sec. 1, p. 446; am. 2014, ch. 190, sec. 1, p. 506.]
Idaho Code § 1-209 — Idaho Code / Title 1 / Chapter 2 / Section 1-209
1-209 PLACES OF HOLDING COURT IN CASE OF EMERGENCY.
Status: in_force

1-209. Places of holding court in case of emergency. In case of epidemic, pestilence or destruction of courthouses, the justices may hold terms of the Supreme Court provided by the preceding section at other convenient places, to be fixed by a majority of the justices.

History:

[(1-209) R.C., sec. 3821; am. 1913, ch. 52, p. 161; am. 1917, ch. 42, sec. 1, p. 93; compiled and reen. C.L., sec. 3821a; C.S., sec. 6450; I.C.A., sec. 1-209.]
Idaho Code § 1-1802 — Idaho Code / Title 1 / Chapter 18 / Section 1-1802
1-1802 JUDGE CANNOT ACT AS ATTORNEY.
Status: in_force

1-1802. Judge cannot act as attorney. A judge cannot act as attorney or counsel in a court in which he is judge, or in an action or proceeding removed therefrom to another court for trial or review, or in an action or proceeding from which an appeal may lie to his own court.

History:

[(1-1802) C.C.P. 1881, sec. 60; R.S., R.C., & C.L., sec. 3901; C.S., sec. 6500; I.C.A., sec. 1-1802.]
Idaho Code § 1-2004 — Idaho Code / Title 1 / Chapter 20 / Section 1-2004
1-2004 DEDUCTIONS FROM SALARIES OF JUSTICES AND JUDGES — CONTRIBUTIONS TO FUND.
Status: in_force

1-2004. Deductions from salaries of justices and judges — Contributions to fund. (1) The state controller shall deduct from the monthly compensation of each justice and judge now holding office, and from the monthly compensation of each person who shall thereafter assume by election or appointment the office of a justice of the supreme court, a judge of the court of appeals or a judge of a district court, an amount equal to the following percentages of his monthly compensation, and shall issue to such justice or judge a salary warrant in such reduced amount, and shall pay the withheld sums into the judges' retirement fund; provided, however, that after twenty (20) years of service no deductions shall be taken from a judge's compensation for payment to the judges' retirement fund:

(a) On and after July 1, 2012, and prior to July 1, 2013, seven and sixty-nine hundredths percent (7.69%).

(b) On and after July 1, 2013, and prior to the date on which section 1-2004B, Idaho Code, shall be in full force and effect, nine percent (9%).

(c) On and after the date on which section 1-2004B, Idaho Code, shall be in full force and effect, nine percent (9%) or such other percentage as may be determined pursuant to section 1-2004B, Idaho Code.

(2) Between the first and twentieth day of each month, the supreme court shall, from appropriations made for that purpose as part of the employer's contribution, remit to the judges' retirement fund an amount equal to the following percentages of salaries paid during the previous month to justices and judges who are making contributions to the judges' retirement fund:

(a) On and after July 1, 2012, and prior to July 1, 2013, eight and ninety-seven hundredths percent (8.97%).

(b) On and after July 1, 2013, and prior to the date on which section 1-2004A, Idaho Code, shall be in full force and effect, ten and five-tenths percent (10.5%).

(c) On and after the date on which section 1-2004A, Idaho Code, shall be in full force and effect, ten and five-tenths percent (10.5%) or such other percentage as may be determined pursuant to section 1-2004A, Idaho Code.

History:

[1-2004, added 1947, ch. 104, sec. 4, p. 210; am. 1955, ch. 62, sec. 1, p. 120; am. 1965, ch. 308, sec. 4, p. 835; am. 1967, ch. 301, sec. 3, p. 853; am. 1969, ch. 183, sec. 3, p. 543; am. 1976, ch. 343, sec. 2, p. 1145; am. 1987, ch. 107, sec. 1, p. 220; am. 1994, ch. 180, sec. 3, p. 424; am. 2012, ch. 330, sec. 6, p. 918.]
Idaho Code § 1-2011 — Idaho Code / Title 1 / Chapter 20 / Section 1-2011
1-2011 ELECTION TO CONTINUE PARTICIPATION IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO.
Status: in_force

1-2011. Election to continue participation in the public employee retirement system of Idaho. On and after July 1, 1998, any vested member of the public employee retirement system of Idaho may, within thirty (30) days of becoming a justice of the supreme court, judge of the court of appeals or district judge in the state of Idaho, make a one-time irrevocable election to continue participation as an active member of that system in lieu of participation in the judges' retirement fund established in this chapter and the justice, judge or spouse shall not be entitled to any compensation, benefits or allowances under any provision of this chapter. An election must be in writing and must be provided to both the supreme court and the public employee retirement system of Idaho. Once an election is made, all service as justice or judge, including noncontinuous service, shall be accrued to the public employee retirement system of Idaho, and shall be governed under the provisions of that system, except as provided in section 1-2005, Idaho Code.

History:

[1-2011, added 1998, ch. 126, sec. 3, p. 469.]
Idaho Code § 1-1624 — Idaho Code / Title 1 / Chapter 16 / Section 1-1624
1-1624 SET-OFF PROCEDURE FOR DELINQUENT DEBTS OWED TO THE COURTS.
Status: in_force

1-1624. Set-off procedure for delinquent debts owed to the courts. (1) The purpose of this legislation is to enable the Idaho supreme court, as the supervisor of the unified and integrated judicial system of this state, to apply for a set-off of state tax refunds and credits owing to a taxpayer in payment of a delinquent debt owed by the taxpayer to the courts of this state. It is the intent of the legislature that this set-off remedy be in addition to and not in substitution of any other remedy or action provided for by law for the collection of such delinquent debts.

(2) The state tax commission shall withhold and set-off any income tax or tax credit refund of any taxpayer, upon notification from the Idaho supreme court, to collect any debt owed to the courts by the taxpayer which is delinquent. A remittance by the state tax commission to the court pursuant to this section shall be deemed to be, to the extent of the remittance, a refund to the taxpayer and any other person who has a claim to such refund, and the state tax commission shall not be liable to any person because of a refund that has been remitted under this section.

(3) A "debt owed to the courts" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, moneys expended in providing counsel and other defense services to indigent defendants, or other charges that a court judgment or disposition has ordered to be paid to the court in civil, criminal, or juvenile cases, or in an agreement by, a defendant in a criminal proceeding and owed to the court, including any interest or penalty on the same as provided for in such judgment, such disposition, such agreement or by law.

(4) As used in subsections (3) and (5) of this section, "agreement" means an agreement that:

(a) Has been filed with the court and placed in the court's case file;

(b) Has been approved by the court;

(c) Provides that all payments due pursuant to the agreement shall be made to the clerk of the court; and

(d) If executed on and after July 1, 2017, contains provisions serving to notify the taxpayer of payment due dates; the set-off of tax refunds and credits remedy provided for in this section; and the right to object to a set-off of tax refunds and credits as provided for in subsection (7)(d) of this section.

(5) A debt owed to the courts is delinquent when it is not paid according to the terms of such judgment or agreement, but at no time shall a delinquency be deemed to exist if the aggregate amount of money paid in satisfaction of an agreement equals or exceeds the total amount of money that the taxpayer was obligated to pay up to that time pursuant to the agreement.

(6) Any claims for current or past-due child support presented under section 56-203D, Idaho Code, or claims for set-off of income tax refunds against any tax liability or overpayment of benefits owed to the state department of labor pursuant to section 63-3077A, Idaho Code, shall take priority over any claim for delinquent debt owed to the courts under this section.

(7) The set-off or withholding of a refund due a taxpayer shall be remitted only after the following conditions have been met:

(a) A debt owed to the courts is delinquent. This section shall not be used to satisfy any amount ordered by the court until the order or judgment is final and the time for appealing the judgment or order has elapsed without any further right on the part of the person owing the amount to judicial review.

(b) All outstanding tax liabilities collectible by the state tax commission are satisfied.

(c) The supreme court shall forward to the state tax commission the full name and social security number of the taxpayer. The tax commission shall notify the supreme court of the amount of refund due the taxpayer and the taxpayer's address on the income tax return.

(d) Upon remittance of any set-off or part thereof, the court shall cause a written notice to be sent to the taxpayer whose refund is subject to the set-off. Notice of the set-off shall be sent by United States mail to the taxpayer at the address listed on the income tax return. Within twenty-one (21) days after such notice has been mailed (not counting Saturday, Sunday or a state holiday as the twenty-first day), the taxpayer may file a written objection to the set-off in accordance with procedures established by the supreme court, which may impose reasonable requirements concerning the information necessary to process the objection. No issues or claims previously decided in a court order or judgment, or admitted or agreed to by the taxpayer, shall be considered in connection with an objection. In the case of a refund that is set-off in error under this section, the court shall reimburse the taxpayer.

(8) The supreme court shall create a suspense account to pay amounts that are found to be set-off in error under the provisions of subsection (7)(d) of this section or to refund any balance that remains after the debt to the courts is satisfied. If no written objection to the set-off is made within twenty-one (21) days, such failure shall be deemed a waiver of the right to contest the set-off and the amount of the set-off shall be removed from the suspense account and shall be credited to the taxpayer's debt to the courts. The court may waive the twenty-one (21) day time limit in appropriate circumstances.

(9) When set-off is attempted on a joint return under the provisions of this section, the taxpayer not specified to be the obligor in the judgment or agreement creating the debt owed to the court may file a written objection within the time limits specified in subsection (7)(d) of this section and the set-off will be limited to one-half (1/2) of the joint refund.

(10) If the refund is insufficient to satisfy the entire debt owed to the courts, the remainder of the debt may be collected as provided by law or submitted for set-off against subsequent refunds.

(11) The proceeds from the set-off shall be credited to the debt owing to the courts and shall be distributed as provided by law.

(12) The state tax commission and the supreme court independently may adopt rules governing its administration of this section and are authorized to enter into a written agreement to implement and facilitate the provisions of this section, including the method of making remittances of the amount which has been set-off pursuant to this section.

History:

[1-1624, added 2003, ch. 288, sec. 1, p. 779; am. 2017, ch. 277, sec. 1, p. 726; am. 2019, ch. 220, sec. 1, p. 667.]
Idaho Code § 1-2309 — Idaho Code / Title 1 / Chapter 23 / Section 1-2309
1-2309 OTHER FORMAL PLEADINGS NOT NECESSARY — SPEEDY TRIAL — RESTRICTION ON EXECUTORY WRITS.
Status: in_force

1-2309. Other formal pleadings not necessary — Speedy trial — Restriction on executory writs. No formal pleading other than the said claim and notice shall be necessary to define the issue between the parties, and the hearing and disposition of all such actions shall be informal with the sole object of dispensing speedy and quick justice between the litigants, provided, however, that no attachment, garnishment or execution shall issue from the small claims department on any claim except as hereinafter provided.

History:

[1-2309, added 1969, ch. 103, sec. 9, p. 348.]
Idaho Code § 1-613 — Idaho Code / Title 1 / Chapter 6 / Section 1-613
1-613 JUDICIAL ASSISTANCE NEEDED IN GIVEN DISTRICT — ASSIGNMENT OF JUDGE.
Status: in_force

1-613. Judicial assistance needed in given district — Assignment of judge. Whenever the administrative director's report indicates that there is need for judicial assistance in any court, the Supreme Court shall assign to that court any judge for a fixed period or for specific purposes. Any judge so assigned shall serve without additional compensation, but shall be paid all reasonable expenses actually incurred by him in the performance of his duties hereunder, including reasonable expenses of travel and sustenance when required to perform duties outside the city of his residence.

History:

[1-613, added 1949, ch. 93, sec. 3, p. 168; am. 1967, ch. 39, sec. 3, p. 61; am. 1974, ch. 14, sec. 3, p. 300.]
Idaho Code § 1-2401 — Idaho Code / Title 1 / Chapter 24 / Section 1-2401
1-2401 SHORT TITLE.
Status: in_force

1-2401. Short title. This act shall be know and may be cited as the "Idaho Court of Appeals Act."

History:

[1-2401, added 1980, ch. 245, sec. 1, p. 565.]
Idaho Code § 1-1104 — Idaho Code / Title 1 / Chapter 11 / Section 1-1104
1-1104 FILING STENOGRAPHIC RECORDS AND REPORTS.
Status: in_force

1-1104. Filing stenographic records and reports. The reporter shall file the stenographic records and reports made by him with the clerk of the district court of the county in which such report was taken and was tried.

History:

[(1-1104) 1890-1891, p. 233, sec. 4; reen. 1899, p. 163, sec. 4; reen. R.C. & C.L., sec. 3983; C.S., sec. 6559; I.C.A., sec. 1-1104.]
Idaho Code § 1-1103 — Idaho Code / Title 1 / Chapter 11 / Section 1-1103
1-1103 RECORDING OF TESTIMONY — WAIVER.
Status: in_force

1-1103. Recording of testimony — Waiver. The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, except the supreme court, by rule, may designate proceedings and testimony in said court that may be recorded by an electronic device in lieu of stenographic means. The parties may, with the consent of the judge, waive the recording by such reporter of any part of the proceedings or testimony.

History:

[(1-1103) 1890-1891, p. 233, sec. 3; reen. 1899, p. 163, sec. 3; reen. R.C. & C.L., sec. 3982; C.S., sec. 6558; I.C.A., sec. 1-1103; am. 2002, ch. 96, sec. 1, p. 264.]
Idaho Code § 1-2204 — Idaho Code / Title 1 / Chapter 22 / Section 1-2204
1-2204 DISTRICT MAGISTRATES COMMISSION — MEETINGS — QUORUM — OFFICERS — RULES.
Status: in_force

1-2204. District magistrates commission — Meetings — Quorum — Officers — Rules. The district magistrates commission of each judicial district shall meet initially to organize and transact any necessary business on the second Monday of September, 1977, unless earlier convened, and at such other times as shall be necessary in the discharge of its official duties. The commission shall meet at the times and places determined by the commission or by the chairman after reasonable notice. In addition a meeting may be called by any three (3) of the voting members after reasonable notice. A majority of the voting members of the commission shall constitute a quorum. The commission shall act by affirmative vote of a majority of the voting members present. The commission shall elect a vice-chairman to serve until the 30th day of June of the next succeeding year or until a successor is elected. The trial court administrator shall ordinarily serve as secretary of the commission but a member of the commission may be appointed to do so at the discretion of the administrative district judge, or district judge designee. The commission may adopt rules for the administration of its duties not inconsistent with applicable provisions of law. The secretary shall maintain the official minutes of all meetings of actions taken by the commission.

History:

[1-2204, added 1969, ch. 104, sec. 4, p. 353; am. 1977, ch. 233, sec. 2, p. 694; am. 2008, ch. 38, sec. 2, p. 91.]
Idaho Code § 1-2206 — Idaho Code / Title 1 / Chapter 22 / Section 1-2206
1-2206 MAGISTRATES — QUALIFICATIONS — INSTITUTE — EXCEPTIONS — OFFICE APPOINTIVE.
Status: in_force

1-2206. Magistrates — Qualifications — Institute — Exceptions — Office appointive. (1) A magistrate shall be an elector of the state of Idaho and shall reside in the county for which the appointment is made throughout the term of service as magistrate.

(2) To be appointed to the office of magistrate judge, a person must, at the time of such appointment, meet all of the following qualifications:

(a) Be at least thirty (30) years of age;

(b) Be a citizen of the United States;

(c) Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such appointment;

(d) Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such appointment; and

(e) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least five (5) continuous years immediately preceding such appointment.

For purposes of this section, the following terms have the following meanings:

(a) "Active," "judicial" and "good standing" have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;

(b) "Jurisdiction" means a state or territory of the United States, the District of Columbia or any branch of the United States military; and

(c) "Elector" means one who is lawfully registered to vote.

(3) Magistrates shall, within one (1) year of taking office for the first time as magistrates, attend an institute on the duties and functioning of the magistrate's office to be held under the supervision of the supreme court, unless such attendance is waived by the supreme court. All magistrates shall be entitled to their actual and necessary expenses while attending institutes. The supreme court will establish the institute to which this subsection refers and will provide that the institute be held at such other times and for such other purposes as it deems necessary and may require the attendance of magistrates.

(4) Notwithstanding the provisions of subsection (2) of this section, all magistrates holding office on the effective date of this act shall be eligible for appointment to the office of magistrate and for retention in office pursuant to section 1-2220, Idaho Code.

History:

[1-2206, added 1969, ch. 104, sec. 6, p. 353; am. 1979, ch. 149, sec. 1, p. 460; am. 1982, ch. 217, sec. 2, p. 592; am. 1982, ch. 298, sec. 1, p. 760; am. 2015, ch. 310, sec. 1, p. 1215; am. 2019, ch. 185, sec. 1, p. 592.]
Idaho Code § 1-2001 — Idaho Code / Title 1 / Chapter 20 / Section 1-2001
1-2001 SUPREME COURT JUSTICES, COURT OF APPEALS JUDGES AND DISTRICT JUDGES — AGE OF RETIREMENT — COMPENSATION ON RETIREMENT.
Status: in_force

1-2001. Supreme court justices, court of appeals judges and district judges — Age of retirement — Compensation on retirement.

(1)(a) Every person who served as a justice of the supreme court or judge of the court of appeals or district judge of the district court and who was receiving benefits from the judges' retirement fund before July 1, 2000, for such service, shall be entitled to benefits from the fund according to the formula for calculating such benefits as provided in subsection (2)(a) of this section.

(b) The term "retirement board" as used in this chapter shall mean the retirement board created by section 59-1304, Idaho Code.

(2) Any person who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state shall prior to retirement elect in writing to retire under either paragraph (a) or (b) of this subsection, provided that a person who has first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, and who is eligible to receive an annual retirement compensation only under the criteria set forth in subsection (3)(c) of this section, may retire only under paragraph (a) of this subsection. Any person who fails to make the election provided for in this subsection prior to retirement shall receive retirement compensation under the provisions of paragraph (a) of this subsection.

(a)(i) On or after July 1, 2000, any person who has served or who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state may leave office or retire and be entitled to receive, and to have paid from the date of his retirement until death, an annual retirement compensation payable in monthly installments on the first day of each month.

(ii) A person who assumed office as a supreme court justice, judge of the court of appeals or district judge prior to July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the current annual compensation of the highest office in which such person served, unless such person makes an irrevocable election no later than August 1, 2012, to receive upon retirement an annual retirement compensation based upon the provisions in this paragraph applicable to justices or judges who first assumed such office on or after July 1, 2012.

(iii) A person who first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the annual compensation at the time of such person's retirement or resignation from the highest office in which such person served, and such compensation shall be adjusted annually by the postretirement allowance adjustment established pursuant to section 59-1355, Idaho Code.

(iv) The percentage applicable to all retiring justices and judges shall be equal to five percent (5%) multiplied by the number of years served as either justice or judge, or both, for the first ten (10) years of service plus two and one-half percent (2 1/2%) multiplied by the remaining number of years served as either justice or judge, or both, but in any event the total percentage shall not be greater than seventy-five percent (75%).

(b)(i) On or after July 1, 2000, any person who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state may retire from office and be entitled to receive, and to have paid from the date of his retirement until death, an annual retirement compensation payable in monthly installments on the first day of each month.

(ii) A person who assumed office as a supreme court justice, judge of the court of appeals or district judge prior to July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the current annual compensation of the highest office in which such person served, unless such person makes an irrevocable election no later than August 1, 2012, to receive upon retirement an annual retirement compensation based upon the provisions of this paragraph applicable to justices or judges who first assumed such office on or after July 1, 2012.

(iii) A person who first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the annual compensation at the time of such person's retirement or resignation of the highest office in which such person served, and such compensation shall be adjusted annually by the postretirement allowance adjustment established pursuant to section 59-1355, Idaho Code.

(iv) The percentage applicable to all retiring justices and judges shall be equal to five percent (5%) multiplied by the number of years served as either justice or judge, or both, for the first ten (10) years of service plus two and one-half percent (2 1/2%) multiplied by the remaining number of years served as either justice or judge, or both, plus two and one-half percent (2 1/2%) multiplied by five (5) years senior judge service, but in any event the total percentage shall not be greater than seventy-five percent (75%).

(c)(i) A justice or judge electing to retire under paragraph (b) of this subsection and who assumed office as a supreme court justice, judge of the court of appeals or district judge prior to July 1, 2012, shall serve as a senior judge, without compensation other than annual health benefits, for thirty-five (35) days per year for a period of five (5) years.

(ii) A justice or judge electing to retire under paragraph (b) of this subsection who first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall serve as a senior judge, without compensation other than annual health benefits, for sixty (60) days per year for a period of five (5) years.

(iii) A justice or judge who serves more than the required number of days per year may carry over the additional days to fulfill the senior judge service obligation in future years. The terms and conditions of such senior judge service shall be as provided under section 1-2005, Idaho Code.

(d) Upon certification from the chief justice that any justice or judge who retired under paragraph (b) of this subsection has failed to perform the senior judge services required under paragraph (c) of this subsection, and has not been relieved of the obligations to perform those services in the manner provided by this subsection, the judges' retirement fund shall recalculate the retirement compensation benefits of the noncomplying justice or judge under paragraph (a) of this subsection, and the noncomplying justice or judge shall thereafter receive only the recalculated amount.

(e) A justice or judge may be relieved of the senior judge service obligation imposed by this subsection if he fails for good cause to complete the obligation. A retired justice or judge who is relieved of the obligation to serve as a senior judge shall continue to receive the retirement allowance provided under paragraph (b) of this subsection.

(f) "Good cause" includes, but is not limited to:

(i) Physical or mental incapacitation of a justice or judge that prevents the justice or judge from discharging the duties of judicial office;

(ii) Failure of the supreme court to assign a senior judge to the requisite amount of senior judge service, whether because of insufficient need for senior judges, a determination by the supreme court that the skills of a senior judge do not match the needs of the courts, clerical mistake or otherwise; or

(iii) Death of a senior judge.

(g) "Good cause" does not include:

(i) A senior judge's refusal, without good cause, to accept senior judge assignments sufficient to meet the required amount; or

(ii) A senior judge's affirmative voluntary act that makes him unqualified to serve as a judge of this state including, but not limited to, failure to maintain a residence within the state, commencing the practice of law other than as a mediator, arbitrator or similar alternative dispute resolution function, acceptance of a position in another branch of state government or political subdivision, or the acceptance of a position in the government of the United States or of another state or nation.

(h) The supreme court may make rules for the implementation of this subsection.

(3) On or after July 1, 2000, each person who has served but is not receiving benefits or who is now serving or who shall hereafter serve who shall leave office or retire as justice of the supreme court, judge of the court of appeals, or district judge of a district court in this state shall be eligible to receive an annual retirement compensation when such person shall meet one (1) of the following eligibility criteria:

(a) Attaining the age of sixty-five (65) years and having a minimum service of four (4) years;

(b) Attaining the age of sixty (60) years and having a minimum service of ten (10) years;

(c) Attaining the age of fifty-five (55) years and having a minimum service of fifteen (15) years; or

(d) At any age after twenty (20) years of service.

(4)(a) On or after July 1, 2000, each justice or judge who is now serving or who shall hereafter be appointed or elected and who shall retire by reason of disability preventing him from further performance of the duties of his office, after a service in any or all of said courts of four (4) years or more, shall, upon retirement, be entitled to receive and to have paid to him until death an annual retirement compensation payable in monthly installments on the first day of each month.

(b) A person who assumed office as a supreme court justice, judge of the court of appeals or district judge prior to July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the current annual compensation of the highest office in which such person served, unless such person makes an irrevocable election no later than August 1, 2012, to receive upon retirement an annual retirement compensation based upon the provisions in this subsection applicable to justices or judges who first assumed such office on or after July 1, 2012.

(c) A person who first assumed office as a supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall receive an annual retirement compensation based upon a percentage of the annual compensation at the time of such person's retirement or resignation from the highest office in which such person has served, and such compensation shall be adjusted annually by the postretirement allowance adjustment established pursuant to section 59-1355, Idaho Code.

(d) The percentage applicable to all justices and judges who retire by reason of disability shall be equal to five percent (5%) multiplied by the number of years served as either justice or judge, or both, for the first ten (10) years of service, plus two and one-half percent (2 1/2%) multiplied by the remaining number of years served as either justice or judge, or both, but such percentage shall not exceed seventy-five percent (75%).

(5) All retirement compensation shall be paid out of the judges' retirement fund, provided however, that a justice or judge who has served less than four (4) years shall be entitled to have refunded to him all contributions made by him to the judges' retirement fund, with six and one-half percent (6 1/2%) interest computed annually but shall not be entitled to any other compensation from the fund.

(6) A person who has retired from the office of supreme court justice, judge of the court of appeals or district judge prior to July 1, 2012, or any other person receiving benefits as of July 1, 2012, may make an irrevocable election no later than August 1, 2012, to thereafter receive an annual retirement compensation or allowance equal to the amount of the annual retirement compensation or allowance such person was receiving as of July 1, 2012, and to have such compensation or allowance thereafter adjusted annually by the postretirement allowance adjustment established pursuant to section 59-1355, Idaho Code.

(7) Notwithstanding any other provision of this section, any person who makes an election to remain in the public employee retirement system of Idaho as provided in section 1-2011, Idaho Code, shall not participate in the judges' retirement fund established in this chapter, but shall continue to participate in the public employee retirement system of Idaho and be governed under the provisions of that system, except as provided in section 1-2005, Idaho Code.

(8)(a) Effective July 1, 2024, a judge eligible to receive retirement compensation under the judges' retirement fund and pursuant to the provisions of this section shall be entitled to a retirement bonus after retirement of twenty-five thousand dollars ($25,000) if:

(i) The judge retires at the conclusion of the term of office to which the judge was most recently elected or appointed;

(ii) The judge has given written notice to the supreme court, which shall announce the upcoming retirement to the general public and the legislature in the same manner that judicial vacancies are customarily announced;

(iii) Such announcement is made not less than one (1) year in advance of the retirement; and

(iv) The retiring judge is replaced in office by a judge who is elected, not appointed. This requirement shall not apply if no candidate stands for election to replace the retiring judge.

(b) If the requirements in paragraph (a) of this subsection are not met, then such retiring judge shall not be eligible to receive the retirement bonus provided for in this subsection.

History:

[1-2001, added 2000, ch. 385, sec. 2, p. 1249; am. 2012, ch. 330, sec. 1, p. 911; am. 2024, ch. 325, sec. 1, p. 1073.]
Idaho Code § 1-2207 — Idaho Code / Title 1 / Chapter 22 / Section 1-2207
1-2207 MAGISTRATES — TERM — REMOVAL — VACANCIES.
Status: in_force

1-2207. Magistrates — Term — Removal — Vacancies. (1) The term of office of a magistrate shall be four (4) years. The term of office of a magistrate shall begin on the second Monday of January of the odd-numbered year next succeeding his election.

(2) Vacancies in the office of magistrate shall be filled by appointment pursuant to section 1-2205, Idaho Code.

(3) Any magistrate appointed pursuant to section 1-2205, Idaho Code, and subsection (2) of this section, shall exercise the authority of a magistrate from the date of taking office. A magistrate appointed after the effective date of this act may be removed from office within eighteen (18) months of his appointment by majority vote of all the voting members of the district magistrates commission without cause in accordance with procedures to be established by rules of the Supreme Court.

(4) A magistrate may be removed from office before the expiration of the term to which he was appointed or elected as provided by section 1-2103A, Idaho Code.

History:

[1-2207, added 1969, ch. 104, sec. 7, p. 353; am. 1973, ch. 78, sec. 3, p. 124; am. 1974, ch. 116, sec. 1, p. 1286; am. 1977, ch. 233, sec. 4, p. 695; am. 1979, ch. 149, sec. 2, p. 461; am. 1990, ch. 71, sec. 5, p. 155.]
Idaho Code § 1-2213 — Idaho Code / Title 1 / Chapter 22 / Section 1-2213
1-2213 APPEALS — POWERS OF DISTRICT JUDGE.
Status: in_force

1-2213. Appeals — Powers of district judge. (1) Appeals from final judgments of the magistrate's division shall be taken and heard in the manner prescribed by law or rule.

(2) Unless otherwise provided by law or rule, a district court judge shall review the case on the record on appeal and affirm, reverse, remand, or modify the judgment; provided, that the district judge in his discretion, may remand the case for a new trial with such instructions as he may deem necessary or he may direct that the case be tried de novo before him.

History:

[1-2213, added 1969, ch. 104, sec. 13, p. 353.]
Idaho Code § 1-2302 — Idaho Code / Title 1 / Chapter 23 / Section 1-2302
1-2302 COMMENCEMENT OF ACTIONS.
Status: in_force

1-2302. Commencement of actions. Actions in such small claims department shall be deemed commenced by the plaintiff subscribing to, verifying and filing a claim as hereinafter provided.

History:

[1-2302, added 1969, ch. 103, sec. 2, p. 348.]
Idaho Code § 1-105 — Idaho Code / Title 1 / Chapter 1 / Section 1-105
1-105 CRIMINAL PROCEDURE — SUPREME COURT RULES GOVERN.
Status: in_force

1-105. Criminal procedure — Supreme Court rules govern. Procedures in the district court or magistrate's division of the district court involving criminal actions which, prior to January 11, 1971, were triable in the probate court, justice court or police court, shall be governed by rules of the Supreme Court.

History:

[1-105, added 1969, ch. 100, sec. 6, p. 344; am. 1971, ch. 255, sec. 1, p. 1030.]
Idaho Code § 1-208 — Idaho Code / Title 1 / Chapter 2 / Section 1-208
1-208 TERMS AND PLACES OF HOLDING SUPREME COURT.
Status: in_force

1-208. Terms and places of holding Supreme Court. The Supreme Court, or any three (3) of the justices thereof, may, by an order, fix the times for holding the terms of the Supreme Court, which shall not be changed oftener than once in each year, except as herein provided. At least six (6) terms shall be held annually; two (2) terms at the seat of the state government, one (1) term at Lewiston, in Nez Perce County, one (1) term at Coeur d'Alene, in Kootenai County, one (1) term at Twin Falls, in Twin Falls County, and one (1) term at Pocatello, in Bannock County.

History:

[(1-208) 1890-1891, p. 11, sec. 1; reen. 1899, p. 6, sec. 1; R.C., sec. 3821; am. 1913, ch. 52, sec. 1, p. 161; am. 1917, ch. 42, sec. 1, p. 93; compiled and reen. C.L., sec. 3821; C.S., sec. 6449; am. 1921, ch. 29, sec. 4, p. 37; I.C.A., sec. 1-208; am. 1969, ch. 26, sec. 1, p. 50.]
Idaho Code § 1-101 — Idaho Code / Title 1 / Chapter 1 / Section 1-101
1-101 COURTS ENUMERATED.
Status: in_force

1-101. Courts enumerated. The following are the courts of justice of this state:

1. The Supreme Court.

2. The Court of Appeals.

3. The district courts.

4. The magistrate's division of the district courts.

History:

[(1-101) C.C.P. 1881, sec. 17; R.S., R.C., & C.L., sec. 3810; C.S., sec. 6440; I.C.A., sec. 1-101; am. 1969, ch. 108, sec. 1, p. 363; am. 1983, ch. 18, sec. 1, p. 52.]
Idaho Code § 1-2215 — Idaho Code / Title 1 / Chapter 22 / Section 1-2215
1-2215 ALLOCATION OF APPROPRIATION.
Status: in_force

1-2215. Allocation of appropriation. The appropriation for the magistrates' divisions of the district courts shall be by separate appropriation to the Supreme Court for such magistrates' divisions, and shall be allocated by the Supreme Court among the judicial districts and for the payment of expenses of magistrates' institutes, from time to time, as may be deemed necessary. Such appropriation shall be used for the payment of salaries and travel and subsistence expenses for magistrates, for the payment of travel and subsistence expenses of district magistrates commissions and for the payment of necessary expenses as may be incurred in holding institutes including travel and subsistence expenses of magistrates and of institute instructors.

History:

[1-2215, added 1969, ch. 104, sec. 15, p. 353; am. 1980, ch. 393, sec. 2, p. 998.]
Idaho Code § 1-2008 — Idaho Code / Title 1 / Chapter 20 / Section 1-2008
1-2008 INVESTMENT OF JUDGES' RETIREMENT FUND.
Status: in_force

1-2008. Investment of judges' retirement fund. (1) The retirement board shall select and contract with investment managers registered with the securities and exchange commission to manage the investment of the judges' retirement fund. The investment managers shall, subject to the direction of the board, exert control over the funds as though the investment managers were the owners thereof and are hereby authorized to invest the judges' retirement fund as hereinafter provided.

(a) The retirement board shall formulate an investment policy governing the investment of judges' retirement funds. The policy shall pertain to the types, kinds or nature of investment of any of the funds, and any limitations, conditions or restrictions upon the methods, practices or procedures for investment, reinvestments, purchases, sales or exchange transactions.

(b) In acquiring, investing, reinvesting, exchanging, retaining, selling and managing the moneys and securities of the fund, investment managers shall also be governed by the prudent man investment act, sections 68-501 through 68-506, Idaho Code; provided, however, that the retirement board may in its sole discretion, limit the types, kinds and amounts of such investments.

(c) The retirement board shall adopt the actuarial tables and assumptions in use by the judges' retirement fund and may change the same in its sole discretion at any time.

(2) The retirement board is hereby authorized to select and contract with a bank or trust company authorized to do business in the state of Idaho, to act as custodian of the judges' retirement fund, who shall hold all securities and moneys of the judges' retirement fund and shall collect the principal, dividends and interest thereof when due and pay the same into the judges' retirement fund.

(3) The state treasurer shall pay all warrants drawn on the judges' retirement fund for making such investments when issued pursuant to vouchers approved by the retirement board.

History:

[1-2008, added 1990, ch. 247, sec. 2, p. 700; am. 1994, ch. 180, sec. 5, p. 425; am. 2003, ch. 32, sec. 2, p. 117; am. 2004, ch. 240, sec. 1, p. 702; am. 2012, ch. 330, sec. 9, p. 920.]
Idaho Code § 1-1003 — Idaho Code / Title 1 / Chapter 10 / Section 1-1003
1-1003 LIABILITY FOR NEGLECT OR OMISSION.
Status: in_force

1-1003. Liability for neglect or omission. For any wrongful act or omission to perform any duty imposed by law, by himself or his deputy, the clerk is liable on his official bond to any person injured.

History:

[(1-1003) 1863, sec. 100, p. 475; R.S., sec. 275; reen. R.C. & C.L., sec. 2051; C.S., sec. 3623; I.C.A., sec. 1-1003.]
Idaho Code § 1-211 — Idaho Code / Title 1 / Chapter 2 / Section 1-211
1-211 EXPENSES OF SUPREME COURT OFFICERS.
Status: in_force

1-211. Expenses of Supreme Court officers. There must be paid to each of the justices of the Supreme Court, and to the clerk of the Supreme Court, out of the state treasury, for each term of the Supreme Court held away from Boise City, his actual expenses for subsistence, and in addition thereto, his expenses of travel; also his actual expense for subsistence, and expense of travel in attendance to his other official duties as authorized by the Supreme Court.

The provisions hereof relating to payment of actual expenses for subsistence shall be expressly exempted from, and relating to expenses of travel shall be expressly governed by, the provisions of section 67-2008, Idaho Code, as amended.

History:

[(1-211) R.S., sec. 6151, as added by 1899, p. 181, sec. 2; am. 1903, p. 47, sec. 1; reen. R.C. & C.L., sec. 3823; C.S., sec. 6453; I.C.A., sec. 1-211; am. 1949, ch. 170, sec. 1, p. 368; am. 1955, ch. 66, sec. 1, p. 132; am. 1963, ch. 112, sec. 1, p. 335.]
Idaho Code § 1-2208 — Idaho Code / Title 1 / Chapter 22 / Section 1-2208
1-2208 ASSIGNMENT OF CASES TO MAGISTRATES.
Status: in_force

1-2208. Assignment of cases to magistrates. Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters:

(1) Civil proceedings as follows:

(a) When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000):

(i) Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud;

(ii) Actions for rent and distress for rent;

(iii) Actions for claim and delivery;

(iv) Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings;

(v) Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property;

(vi) Actions to collect taxes.

(b) Proceedings in forcible entry, forcible detainer, and unlawful detainer; and

(c) Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property.

(2) Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents.

(3) The following criminal and quasi-criminal proceedings:

(a) Misdemeanor and quasi-criminal actions;

(b) Proceedings to prevent the commission of crimes;

(c) Proceedings pertaining to warrants for arrest or for searches and seizures; and

(d) Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses.

(4) Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code.

(5) Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.

History:

[1-2208, added 1969, ch. 104, sec. 8, p. 353; am. 1970, ch. 29, sec. 1, p. 59; am. 1972, ch. 36, sec. 1, p. 55; am. 1974, ch. 26, sec. 5, p. 804; am. 1981, ch. 180, sec. 1, p. 315; am. 1982, ch. 353, sec. 5, p. 877; am. 1988, ch. 265, sec. 559, p. 854; am. 1992, ch. 74, sec. 1, p. 210; am. 2000, ch. 250, sec. 1, p. 703; am. 2006, ch. 263, sec. 1, p. 815.]
Idaho Code § 1-2010 — Idaho Code / Title 1 / Chapter 20 / Section 1-2010
1-2010 DEATH BENEFIT.
Status: in_force

1-2010. Death benefit. (1) The death benefit of a deceased justice or judge is the excess, if any, of the justice's or judge's accumulated contributions to the judges' retirement fund, including accrued interest at the rate provided in section 1-2001(5), Idaho Code, over the aggregate of all retirement compensation payments and allowances ever made to the justice, judge, spouse or annuitant from the judges' retirement fund.

(2) The death benefit is payable, and all other retirement compensation benefits and allowances shall cease, upon the death of the justice, judge, spouse or annuitant receiving a retirement compensation or allowance.

(3) The death benefit shall be paid to the beneficiary named by the justice or judge in a written designation of beneficiary on file with the retirement board if the beneficiary is surviving at the time the death benefit is payable; otherwise the death benefit shall be paid to the estate of the deceased justice or judge for distribution in accordance with the laws of descent and distribution of the state of Idaho as they may then be in effect.

History:

[1-2010, added 1997, ch. 150, sec. 2, p. 428; am. 2000, ch. 385, sec. 7, p. 1255; am. 2012, ch. 330, sec. 11, p. 921.]
Idaho Code § 1-2005 — Idaho Code / Title 1 / Chapter 20 / Section 1-2005
1-2005 SENIOR JUDGE — ASSIGNMENT — DUTIES AND POWERS — COMPENSATION AND EXPENSES — QUALIFICATIONS AND OATH.
Status: in_force

1-2005. Senior judge — Assignment — Duties and powers — Compensation and expenses — Qualifications and oath. (1) A justice or judge who leaves office or retires from the supreme court, court of appeals or a district court, except a justice or judge retired under the provisions of section 1-2001(4), Idaho Code, may be designated a senior judge of the state of Idaho by the supreme court.

(2) Upon filing with the secretary of state an oath of office as a senior judge as prescribed in subsection (7) of this section, a senior judge is eligible for temporary assignment by the supreme court to a state court as provided in this subsection, whenever the supreme court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice. A senior judge may sit as a district or magistrate judge of the district court of any county or may sit with the supreme court or court of appeals or may perform such other duties pertaining to the judicial department of government as may be requested.

(3) The assignment of a senior judge shall be made by an order which shall designate the court or duties to which the judge is assigned and the duration of the assignment. Promptly after assignment of a senior judge under this section, the supreme court shall cause a certified copy of the order to be sent to the senior judge and another certified copy to the court to which the judge is assigned.

(4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly qualified judge of the court to which the senior judge is assigned.

(5) A senior judge assigned as provided in this section, other than one performing services required by section 1-2001(2)(b), Idaho Code, shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to eighty-five percent (85%) of the daily salary of the highest office in which the senior judge served. However, a retired judge shall not receive for services as a senior judge during any fiscal year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the current annual salary of the highest office in which the senior judge served; except that this limitation shall not apply if the chief justice of the supreme court determines that extended service by one (1) or more senior judges is required because of extraordinary circumstances, such as a natural disaster or a judge's absence from service due to military service or medical disability. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled. Such additional compensation above the retirement compensation benefits accruing to such senior judge shall be paid from the general fund in accordance with appropriations provided by the legislature.

(6) A senior judge assigned to a court located outside the county in which the senior judge regularly resides shall receive, in addition to any daily compensation, reimbursement for traveling and subsistence expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct.

(7) To be eligible for assignment, a senior judge must: maintain a residence within the state; comply with all applicable provisions of the Idaho code of judicial conduct; and take, subscribe and file with the secretary of state, the following oath or affirmation:

"I,……………, do solemnly swear (or affirm, as the case may be) that as a senior judge of the state of Idaho, I will support the Constitution of the United States and the Constitution of the State of Idaho, and that upon hereafter accepting any assignment to serve as a judge of a court of this state I will faithfully discharge the duties thereof to the best of my ability.".

(8) Except as provided in section 1-2001(2)(b), Idaho Code, any period of service rendered by a senior judge shall not in any way be computed for additional retirement benefits, and the state controller shall not receive or deduct any sum for transfer to the judges' retirement fund or to the public employee retirement system of Idaho.

History:

[1-2005, added 2000, ch. 385, sec. 5, p. 1253; am. 2005, ch. 188, sec. 1, p. 574; am. 2015, ch. 61, sec. 1, p. 169.]
Idaho Code § 1-503 — Idaho Code / Title 1 / Chapter 5 / Section 1-503
1-503 PREPARATION OF DECISIONS.
Status: in_force

1-503. Preparation of decisions. The decisions shall be prepared for publication by giving the title to each case, a syllabus of the points decided, and the names of the counsel appearing in the Supreme Court in the case, and each volume shall contain, at the end thereof, a full and comprehensive index alphabetically arranged, and there shall be prefixed thereto a table of cases decided, and a table of statutes and constitutional provisions construed.

History:

[(1-503) 1903, p. 367, sec. 3; am. R.C., & C.L., sec. 224; C.S., sec. 201; I.C.A., sec. 1-503; am. 1967, ch. 108, sec. 1, p. 217.]
Idaho Code § 1-2221 — Idaho Code / Title 1 / Chapter 22 / Section 1-2221
1-2221 SENIOR JUDGE — ASSIGNMENT — DUTIES AND POWERS — COMPENSATION AND EXPENSES — QUALIFICATIONS AND OATH.
Status: in_force

1-2221. Senior judge — Assignment — Duties and powers — Compensation and expenses — Qualifications and oath. (1) A magistrate judge who leaves office or retires from the magistrates division of a district court, except a magistrate judge retired under the provisions of section 59-1352, Idaho Code, may be designated a senior judge of the state of Idaho by the supreme court.

(2) Upon filing with the secretary of state an oath of office as a senior judge as prescribed in subsection (7) of this section, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the supreme court to a state court as provided in this subsection, whenever the supreme court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice. A senior judge may sit as a judge of the district court of any county or may sit with the supreme court or court of appeals or may perform such other duties pertaining to the judicial department of government as may be requested.

(3) The assignment of a senior judge shall be made by an order which shall designate the court or duties to which the senior judge is assigned and the duration of the assignment. Promptly after assignment of a senior judge under this section, the supreme court shall cause a certified copy of the order to be sent to the senior judge and another certified copy to the court to which the senior judge is assigned.

(4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly qualified judge of the court to which the senior judge is assigned.

(5) A senior judge assigned as provided in this section shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to eighty-five percent (85%) of the daily salary of an active magistrate judge. However, a retired magistrate judge shall not receive for services as a senior judge during any fiscal year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the current annual salary of an active magistrate judge; except that this limitation shall not apply if the chief justice of the supreme court determines that extended service by one (1) or more senior judges is required because of extraordinary circumstances, such as a natural disaster or a judge's absence from service due to military service or medical disability. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled. Such additional compensation above the retirement compensation benefits accruing to such senior judge shall be paid from the general fund in accordance with appropriations provided by the legislature.

(6) A senior judge assigned to a court located outside the county in which the senior judge regularly resides shall receive, in addition to any daily compensation, reimbursement for traveling and subsistence expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct.

(7) To be eligible for assignment, a senior judge must: maintain a residence within the state; comply with all applicable provisions of the Idaho code of judicial conduct; and take, subscribe and file with the secretary of state, the following oath or affirmation:

"I,……………, do solemnly swear (or affirm, as the case may be) that as a senior judge of the state of Idaho, I will support the Constitution of the United States and the Constitution of the State of Idaho, and that upon hereafter accepting any assignment to serve as a senior judge of a court of this state I will faithfully discharge the duties thereof to the best of my ability.".

(8) Any period of service rendered by a senior judge shall not in any way be computed for additional retirement benefits, and the state controller shall not receive or deduct any sum for transfer to the public employee retirement system of Idaho.

History:

[1-2221, added 2000, ch. 385, sec. 9, p. 1256; am. 2005, ch. 188, sec. 2, p. 576; am. 2015, ch. 61, sec. 2, p. 170.]
Idaho Code § 1-2214 — Idaho Code / Title 1 / Chapter 22 / Section 1-2214
1-2214 OBJECTIONS TO ASSIGNMENT — WAIVER.
Status: in_force

1-2214. Objections to assignment — Waiver. All objections to the propriety of an assignment to a magistrate are waived unless made before the trial or hearing begins. No order or judgment is void or subject to collaterial attack merely because rendered pursuant to improper assignment to a magistrate.

History:

[1-2214, added 1969, ch. 104, sec. 14, p. 353.]
Idaho Code § 1-2217 — Idaho Code / Title 1 / Chapter 22 / Section 1-2217
1-2217 FACILITIES AND EQUIPMENT PROVIDED BY COUNTY.
Status: in_force

1-2217. Facilities and equipment provided by county. Each county in the state shall provide suitable and adequate quarters for the magistrate's division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff personnel, supplies, and other expenses of the magistrate's division.

History:

[1-2217, added 1969, ch. 121, sec. 1, p. 381.]
Idaho Code § 1-303 — Idaho Code / Title 1 / Chapter 3 / Section 1-303
1-303 SESSIONS OF COMMISSION — SELECTION OF PERSONNEL.
Status: in_force

1-303. Sessions of commission — Selection of personnel. Such commission shall be by the Supreme Court called from time to time, and shall only be required to remain in session such length of time as is required for the hearing of such cases and conferences concerning decisions and conclusions to be reached, and in the designation of the personnel of any such commission or commissioner, the Supreme Court shall take into consideration the question of the necessities and the good of the judicial service to the Supreme Court and in the several counties of the state of Idaho; the Supreme Court shall make designation of appointment, substitution and transfer of judges with the idea in view of minimizing expense, and neither such commission nor the commissioners shall be required to remain absent from their respective districts for a longer time than is actually required for the proper performance of the work of such commission in aid of the Supreme Court.

History:

[(1-303) 1923, ch. 11, sec. 3, p. 12; I.C.A., sec. 1-303.]
Idaho Code § 1-2404 — Idaho Code / Title 1 / Chapter 24 / Section 1-2404
1-2404 NUMBER OF JUDGES — QUALIFICATIONS — CONDUCT AND DISCIPLINE — TERM — ELECTION — SELECTION — COMPENSATION.
Status: in_force

1-2404. Number of judges — Qualifications — Conduct and discipline — Term — Election — Selection — Compensation. (1) The court of appeals shall consist of four (4) judges, and shall sit in panels of not less than three (3) judges each.

(2) To be elected or appointed to the office of judge of the court of appeals a person must, at the time of such election or appointment, meet all of the following qualifications:

(a) Be at least thirty (30) years of age;

(b) Be a citizen of the United States and an elector of the state of Idaho;

(c) Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such election or appointment;

(d) Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such election or appointment; and

(e) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such election or appointment.

For purposes of this section, the following terms have the following meanings:

(a) "Active," "judicial" and "good standing" have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;

(b) "Jurisdiction" means a state or territory of the United States, the District of Columbia or any branch of the United States military; and

(c) "Elector" means one who is lawfully registered to vote.

(3) A judge of the court of appeals shall be governed by the code of judicial conduct as promulgated by the Idaho supreme court, and shall be subject to removal, discipline, or retirement pursuant to section 1-2103, Idaho Code.

(4) (a) Judges of the court of appeals shall be appointed by the governor effective the first Monday of January, 1982, for the following initial terms: one (1) judge shall be appointed for a term to expire on the first Monday of January, 1985, one (1) judge shall be appointed for a term expiring two (2) years later, and one (1) judge shall be appointed for a term expiring two (2) further years later. Thereafter, the term of office of a judge of the court of appeals shall be six (6) years.

(b) Vacancies in the office of judge of the court of appeals shall be filled in the same manner as vacancies in the office of supreme court justice or district judge.

(c) The positions of judges of the Idaho court of appeals shall first be filled as vacancies. The judicial council shall submit to the governor its recommendations for the offices at the earliest practicable time after the effective date of this act. The governor may make the appointment at any time thereafter, to be effective the first Monday of January, 1982, for the terms set forth in subsection (4)(a) of this section.

(d) In making its nominations for the initial vacancies to be created by this act, the Idaho judicial council shall submit the names of not less than six (6) nor more than nine (9) qualified persons for the initial three (3) vacancies to be created by this act. Otherwise, the judicial council shall submit the names of not less than two (2) nor more than four (4) persons for each vacancy. The governor shall appoint the judges, identifying each appointment by the length of the term of appointment.

(e) Nominations and appointments to fill initial or subsequent vacancies shall be made with due regard for balanced geographical membership of the court of appeals.

(f) Subsequent terms of office of a judge who has been appointed to the court of appeals shall be subject to a statewide nonpartisan election to be held in the primary election next preceding the expiration of an appointed term in the same method and manner as a justice of the supreme court.

(g) A fourth judge of the court of appeals shall be appointed by the governor effective the first Monday of January, 2009, for an initial term to expire on the first Monday of January, 2013. Thereafter, the term of office for this position shall be six (6) years. The judicial council shall submit the names of not less than two (2) nor more than four (4) persons for the initial vacancy in this position under the procedure set forth in section 1-2102, Idaho Code. This position shall be subject to all of the provisions relating to qualifications, removal, discipline, retirement, filling of vacancies, election and compensation set forth in this chapter.

(5) Judges of the court of appeals, except for judges who have made an election to remain in the public employee retirement system of Idaho pursuant to section 1-2011, Idaho Code, shall receive compensation upon retirement as provided in chapter 20, title 1, Idaho Code.

History:

[1-2404, added 1980, ch. 245, sec. 1, p. 565; am. 1981. ch. 271, sec. 1, p. 572; am. 1985, ch. 29, sec. 5, p. 55; am. 1998, ch. 126, sec. 4, p. 470; am. 2008, ch. 24, sec. 1, p. 36; am. 2014, ch. 291, sec. 4, p. 735; am. 2015, ch. 310, sec. 2, p. 1216.]
Idaho Code § 1-2212 — Idaho Code / Title 1 / Chapter 22 / Section 1-2212
1-2212 RECORD OF PROCEEDINGS — REQUEST FOR STENOGRAPHIC REPORTING — COSTS.
Status: in_force

1-2212. Record of proceedings — Request for stenographic reporting — Costs. A verbatim record of the proceedings and evidence at trials before a magistrate shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct, but if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party shall pay the costs of reporting the proceedings.

History:

[1-2212, added 1969, ch. 104, sec. 12, p. 353.]
Idaho Code § 1-611 — Idaho Code / Title 1 / Chapter 6 / Section 1-611
1-611 ADMINISTRATIVE DIRECTOR OF COURTS — APPOINTMENT BY SUPREME COURT — TERM — COMPENSATION.
Status: in_force

1-611. Administrative director of courts — Appointment by Supreme Court — Term — Compensation. There is hereby established the office of the administrative director of the courts of the state of Idaho. The Supreme Court shall appoint and fix the compensation of the administrative director, he to devote his full time to the duties of such office and to serve at the pleasure of the court.

History:

[1-611, added 1949, ch. 93, sec. 1, p. 168; am. 1967, ch. 39, sec. 1, p. 61; am. 1974, ch. 14, sec. 1, p. 300.]
Idaho Code § 1-907 — Idaho Code / Title 1 / Chapter 9 / Section 1-907
1-907 ADMINISTRATIVE JUDGE — ADMINISTRATIVE POWERS AND DUTIES.
Status: in_force

1-907. Administrative judge — Administrative powers and duties. The administrative judge or acting administrative judge in each judicial district, subject to the rules of the supreme court, shall have administrative supervision and authority over the operation of the district courts and magistrates in the district. These powers and duties include, but are not limited to, the following:

(a) Arranging schedules and assigning district judges for sessions of district courts;

(b) Arranging or supervising the calendaring of matters for trial or hearing;

(c) Supervising the clerks of the district courts in the discharge of the clerical functions of the district courts;

(d) Assigning matters to magistrates, and prescribing times and places at which magistrates shall be available for the performance of their duties;

(e) Making arrangements with proper authorities for the drawing of civil jury panels and determining which sessions of the district court shall be jury sessions;

(f) Arranging for the reporting of civil cases by court reporters or other authorized means;

(g) Arranging sessions, to the extent practicable, for the trial of specialized cases, including traffic, domestic relations, and other types of cases, and assigning district judges to preside over these sessions so as to permit maximum practicable specialization by individual judges;

(h) Assigning magistrates to temporary duty outside the county of their residence, but within the district;

(i) Acting as chairman of the district magistrates commission of the district;

(j) Assigning to other district judges in the district various powers and duties as in this act provided; and

(k) Appointing personnel when needed to attend to the courts, and assigning duties to these court attendants for the purpose of maintaining the security and efficiency of court facilities.

History:

[1-907, added 1969, ch. 102, sec. 1, p. 347; am. 1974, ch. 26, sec. 2, p. 804; am. 1988, ch. 229, sec. 1, p. 441; am. 2017, ch. 173, sec. 1, p. 400.]
Idaho Code § 1-1903 — Idaho Code / Title 1 / Chapter 19 / Section 1-1903
1-1903 JUDGES MAY TAKE ACKNOWLEDGMENTS, AFFIDAVITS AND DEPOSITIONS.
Status: in_force

1-1903. Judges may take acknowledgments, affidavits and depositions. The justices of the Supreme Court, the judges of the district courts and the magistrates of the district courts have the power in any part of the state to take and certify:

1. The proof and acknowledgment of a conveyance of real property or any other written instrument.

2. The acknowledgment of a satisfaction of a judgment of any court.

3. An affidavit or deposition to be used in this state.

History:

[(1-1903) C.C.P. 1881, sec. 66; R.S., R.C., & C.L., sec. 3913; C.S., sec. 6505; I.C.A., sec. 1-1903; am. 1969, ch. 106, sec. 1, p. 361.]
Idaho Code § 1-2314 — Idaho Code / Title 1 / Chapter 23 / Section 1-2314
1-2314 SEPARATE DOCKET FOR SMALL CLAIMS DEPARTMENT.
Status: in_force

1-2314. Separate docket for small claims department. Each magistrate shall keep a separate docket for the small claims department of his division in which he shall make a permanent record of all proceedings, orders and judgments had and made in such small claims department.

History:

[1-2314, added 1969, ch. 103, sec. 14, p. 348.]
Idaho Code § 1-102 — Idaho Code / Title 1 / Chapter 1 / Section 1-102
1-102 COURTS OF RECORD.
Status: in_force

1-102. Courts of record. The courts enumerated in section 1-101, Idaho Code, are courts of record.

History:

[(1-102) C.C.P. 1881, sec. 18; R.S., R.C., & C.L., sec. 3811; C.S., sec. 6441; I.C.A., sec. 1-102; am. 2005, ch. 95, sec. 1, p. 315.]
Idaho Code § 1-808 — Idaho Code / Title 1 / Chapter 8 / Section 1-808
1-808 SEVENTH DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-808. Seventh district — Number of judges — Resident chambers. (1) The seventh judicial district shall consist of the counties of Lemhi, Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham.

(2) The seventh judicial district shall have seven (7) district judges.

(3) Resident chambers of the district judges of the seventh judicial district shall be established as follows:

(a) One (1) resident chambers shall be established in Madison County;

(b) One (1) resident chambers shall be established in Bingham County;

(c) Four (4) resident chambers shall be established in Bonneville County;

(d) One (1) resident chambers shall be established in Jefferson County.

History:

[1-808, as reenacted 1967, ch. 51, sec. 1, p. 95; am. 1993, ch. 248, sec. 3, p. 870; am. 2013, ch. 38, sec. 3, p. 80; am. 2025, ch. 15, sec. 1, p. 47.]
Idaho Code § 1-701 — Idaho Code / Title 1 / Chapter 7 / Section 1-701
1-701 DISTRICT COURTS ESTABLISHED.
Status: in_force

1-701. District courts established. District courts are hereby established to be held in each of the counties of the state which have been or may hereafter be organized by law, for the purpose of hearing and determining all matters and causes arising under the laws of this state.

History:

[(1-701) R.S., sec. 6146; am. R.C., sec. 3829; am. 1911, ch. 4, sec. 1, p. 6; reen. C.L., sec. 3829; C.S., sec. 6454; I.C.A., sec. 1-701.]
Idaho Code § 1-2411 — Idaho Code / Title 1 / Chapter 24 / Section 1-2411
1-2411 FILING OF APPEAL AND FILING FEE — UNITARY APPEAL.
Status: in_force

1-2411. Filing of appeal and filing fee — Unitary appeal. (1) In any appeal to the supreme court or to the court of appeals, there shall be only one (1) filing and one (1) filing fee required. The filing fee shall be as prescribed by sections 1-402 and 1-2003, Idaho Code.

(2) It is intended by this chapter that the supreme court shall establish the most convenient and expeditious procedures for filing of appeals, and that all appeals to the court of appeals or the supreme court shall be treated as one (1) appeal process under the jurisdiction of the supreme court.

(3) All appeals shall be processed in the supreme court unless or until assigned to the court of appeals.

History:

[1-2411, added 1980, ch. 245, sec. 1, p. 568.]
Idaho Code § 1-1002 — Idaho Code / Title 1 / Chapter 10 / Section 1-1002
1-1002 ATTENDANCE ON COURT — DEPUTY MUST ACT IN CLERK'S NAME.
Status: in_force

1-1002. Attendance on court — Deputy must act in clerk's name. The clerk must in person or by deputy attend every term of the district court held in his county. All acts done and process issued by the deputy must be in the name of his principal.

History:

[(1-1002) R.S., sec. 272; am. R.C. & C.L., sec. 2050; C.S., sec. 3622; I.C.A., sec. 1-1002.]
Idaho Code § 1-1616 — Idaho Code / Title 1 / Chapter 16 / Section 1-1616
1-1616 INSTRUMENTS REQUIRING SEAL OF COURT.
Status: in_force

1-1616. Instruments requiring seal of court. The seal of the court need not be affixed to any proceeding therein, or document except:

1. To a writ.

2. To the certificate of the probate of a will, or of the appointment of an executor, administrator or guardian.

3. To the authentication of a copy of a record or other proceeding of a court, or of an officer thereof, or of a copy of a document on file in the office of the clerk.

History:

[(1-1616) C.C.P. 1881, sec. 55; R.S., R.C., & C.L., sec. 3875; C.S., sec. 6490; I.C.A., sec. 1-1616.]
Idaho Code § 1-1615 — Idaho Code / Title 1 / Chapter 16 / Section 1-1615
1-1615 CLERK MUST KEEP SEAL.
Status: in_force

1-1615. Clerk must keep seal. The clerk of the court must keep the seal thereof.

History:

[(1-1615) C.C.P. 1881, sec. 54; R.S., R.C., & C.L., sec. 3874; C.S., sec. 6489; I.C.A., sec. 1-1615.]
Idaho Code § 1-204 — Idaho Code / Title 1 / Chapter 2 / Section 1-204
1-204 APPELLATE JURISDICTION.
Status: in_force

1-204. Appellate jurisdiction. Its appellate jurisdiction extends to a review of all cases removed to it under such regulations as are now or may be prescribed by law, from the final decisions of the district courts, or the judges thereof.

History:

[(1-204) C.C.P. 1881, sec. 21; R.S., R.C., & C.L., sec. 3817; C.S., sec. 6445; I.C.A., sec. 1-204.]
Idaho Code § 1-2301A — Idaho Code / Title 1 / Chapter 23 / Section 1-2301A
1-2301A DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS — CIVIL LIABILITY.
Status: in_force

1-2301A. Drawing check without funds or insufficient funds — Civil liability. In any action filed in the small claims department against a person who makes any check, draft or order for the payment of money which has been dishonored for lack of funds or credit to pay the same, or because the maker has no account with the drawee, the plaintiff, or a collection agency with a license issued to it pursuant to section 26-2225, Idaho Code, which is attempting to collect the dishonored check under a written agreement with the payee or holder of the check, may recover from the defendant the amount of the check, draft or order and, in addition thereto, the greater of the amount of one hundred dollars ($100) or three (3) times the amount for which the check, draft or order is drawn. Except as provided in section 1-2304, Idaho Code, the plaintiff or collection agency may recover no other costs, fees, charges or damages. However, damages recovered under the provisions of this section shall not exceed by more than five hundred dollars ($500) the value of the check, draft or order and may be awarded only if the plaintiff made written demand of the defendant for payment of the amount of the check, draft or order not less than ten (10) days before commencing the action, and if the defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than the amount demanded. The written demand required by this section shall be sent to the maker by certified mail at his last known address, or by regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check as provided in section 28-22-106, Idaho Code, in which case the demand shall be deemed conclusive three (3) days following the date the affidavit is executed. The written demand shall fully advise the maker of the check, draft, or order of the consequences of failure to make prompt payment under this section. The plaintiff or collection agency must show proof of service by producing a copy of a signed return receipt or affidavit of personal service.

History:

[(1-2301A) 18-3107, added 1982, ch. 156, sec. 1, p. 422; am. and redesignated as sec. 1-2301A, 1983, ch. 192, sec. 2, p. 521; am. 1996, ch. 373, sec. 1, p. 1269; am. 1999, ch. 115, sec. 1, p. 349; am. 2001, ch. 22, sec. 1, p. 28; am. 2002, ch. 288, sec. 1, p. 834; am. 2008, ch. 347, sec. 32, p. 958.]
Idaho Code § 1-2006 — Idaho Code / Title 1 / Chapter 20 / Section 1-2006
1-2006 APPLICATION OF ACT.
Status: in_force

1-2006. Application of act. Chapter 20, title 1, Idaho Code, shall operate prospectively in its application as to all persons who are receiving retirement benefits thereunder, provided that the Supreme Court may by order apply all of the provisions of this chapter to service under section 1-611, Idaho Code.

In no case shall any justice or judge, serving at the time this act becomes effective, receive and have paid to him, at the time of his retirement, retirement compensation in any lesser amount than he would have become entitled to receive and have paid to him under the act as it existed prior to this amendment.

History:

[1-2006, added 1947, ch. 104, sec. 6, p. 210; am. 1959, ch. 131, sec. 1, p. 279; am. 1967, ch. 301, sec. 5, p. 853; am. 1969, ch. 183, sec. 4, p. 543; am. 1983, ch. 144, sec. 2, p. 365.]
Idaho Code § 1-506 — Idaho Code / Title 1 / Chapter 5 / Section 1-506
1-506 CONTRACT TO PRINT REPORTS.
Status: in_force

1-506. Contract to print reports. The contract to print the reports of such decisions shall be let by the reporter with the approval of the justices of the supreme court, or a majority thereof, to some person or persons who will print the same on terms most advantageous to the state, and who will furnish the state with a maximum of four hundred (400) copies of each volume, the exact number of copies to be determined by the supreme court, at a cost to be fixed in such contract per volume and who will agree to furnish copies of the reports to the public at a price not exceeding the cost per volume at which the same is to be furnished to the state: provided, the work shall be done in the state of Idaho, if responsible parties therein offer to do said work on terms as favorable to the state as any outside bidder.

History:

[(1-506) 1903, p. 367, sec. 6; reen. R.C. & C.L., sec. 227; C.S., sec. 204; I.C.A., sec. 1-506; am. 1945, ch. 120, sec. 1, p. 187; am. 2003, ch. 114, sec. 1, p. 358.]
Idaho Code § 1-2104 — Idaho Code / Title 1 / Chapter 21 / Section 1-2104
1-2104 HONORARIA AND EXPENSES OF MEMBERS.
Status: in_force

1-2104. Honoraria and expenses of members. Each member of the judicial council, except a judge, justice or magistrate, shall be compensated as provided by section 59-509(h), Idaho Code.

History:

[1-2104, added 1967, ch. 67, sec. 4, p. 153; am. 1980, ch. 247, sec. 2, p. 584; am. 1985, ch. 76, sec. 1, p. 150; am. 1990, ch. 71, sec. 4, p. 155.]
Idaho Code § 1-2001b — Idaho Code / Title 1 / Chapter 20 / Section 1-2001b
1-2001b CONVERSION OF RETIREMENT COMPENSATION INTO OPTIONAL RETIREMENT ALLOWANCES — FORM OF OPTIONAL RETIREMENT.
Status: in_force

1-2001b. Conversion of retirement compensation into optional retirement allowances — Form of optional retirement. (1) The retirement compensation of a justice or judge who, at the time of retirement, so elects shall be converted into an optional retirement allowance which is the actuarial equivalent of such retirement compensation to which the justice or judge would otherwise be entitled under section 1-2001, Idaho Code, including the value of the spousal benefit provided by section 1-2009, Idaho Code, provided the spouse is the contingent annuitant. The optional retirement allowance may take one (1) of the forms listed below and shall be in lieu of all other retirement compensation and benefits under this chapter, except the death benefit provided by section 1-2010, Idaho Code.

(a) Option 1 provides a reduced retirement allowance payable during the lifetime of the retired justice or judge, and a continuation thereafter of such reduced retirement allowance during the lifetime of the justice or judge's named contingent annuitant.

(b) Option 2 provides a reduced retirement allowance payable during the lifetime of the retired justice or judge, and a continuation thereafter of one-half (1/2) of such reduced retirement allowance during the lifetime of the justice or judge's named contingent annuitant.

(2) Should the named contingent annuitant under option 1 or option 2 predecease a justice or judge, upon notification to the retirement board, the justice or judge's benefit on the first day of the month following the death of the contingent annuitant will thereafter become an allowance calculated pursuant to section 1-2001, Idaho Code.

(3) Application for any optional retirement allowance shall be in writing, duly executed and filed with the retirement board. Such application shall contain all information required by the retirement board, including such proofs of age as are deemed necessary by the retirement board.

(4) A retirement option elected at the time of retirement as provided for in this section may not be changed except by written notice to the retirement board no later than five (5) business days after the receipt of the first retirement allowance.

(5) Not later than one (1) year after the marriage of a retired justice or judge, the justice or judge may elect option 1 or 2 to become effective one (1) year after the date of such election, provided the justice or judge's spouse is named as a contingent annuitant, and either:

(a) The justice or judge was not married at the time of retirement; or

(b) The justice or judge earlier elected option 1 or 2, having named the justice or judge's spouse as contingent annuitant, and said spouse has died.

(6) Each justice or judge receiving retirement compensation on July 1, 2000, shall have a one-time irrevocable election to name a spouse as a contingent annuitant under subsection (1)(a) of this section.

History:

[1-2001b, added 2000, ch. 385, sec. 3, p. 1251; am. 2012, ch. 330, sec. 2, p. 915.]
Idaho Code § 1-1603 — Idaho Code / Title 1 / Chapter 16 / Section 1-1603
1-1603 POWERS OF COURT.
Status: in_force

1-1603. Powers of court. Every court has power:

1. To preserve and enforce order in its immediate presence.

2. To enforce order in the proceedings before it or before a person or persons empowered to conduct a judicial investigation under its authority.

3. To provide for the orderly conduct of proceedings before it or its officers.

4. To compel obedience to its judgments, orders and process, and to the orders of a judge out of court in an action or proceeding pending therein.

5. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto.

6. To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code.

7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties.

8. To amend and control its process and orders, so as to make them conformable to law and justice.

History:

[(1-1603) C.C.P. 1881, sec. 42; R.S., R.C., & C.L., sec. 3862; C.S., sec. 6477; I.C.A., sec. 1-1603.]
Idaho Code § 1-508 — Idaho Code / Title 1 / Chapter 5 / Section 1-508
1-508 RECEIPT TO PRINTER — RECORD AND RECEIPT FOR REPORTS DISTRIBUTED.
Status: in_force

1-508. Receipt to printer — Record and receipt for reports distributed. The librarian of the state law library shall give to the contracting printer a receipt for all copies of reports of said decisions delivered to him by such printer, and the librarian shall keep a correct record, in a book kept especially for that purpose, of all volumes received and distributed under the provisions of this chapter, and shall take a receipt for all copies of such reports distributed, and file and preserve the same.

History:

[(1-508) 1903, p. 367, sec. 8; am. R.C., sec. 229; reen. C.L., sec. 229; C.S., sec. 206; I.C.A., sec. 1-508; am. 1959, ch. 73, sec. 2, p. 165.]
Idaho Code § 1-2301 — Idaho Code / Title 1 / Chapter 23 / Section 1-2301
1-2301 SMALL CLAIMS DEPARTMENT — CREATION — SCOPE OF CLAIMS — VENUE.
Status: in_force

1-2301. Small claims department — Creation — Scope of claims — Venue. In every magistrate's division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate's Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed fifteen thousand dollars ($15,000), and in cases for the recovery of personal property where the value of the property does not exceed fifteen thousand dollars ($15,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate's division shall be brought in the magistrate's division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.

History:

[1-2301, added 1969, ch. 103, sec. 1, p. 348; am. 1973, ch. 42, sec. 1, p. 78; am. 1976, ch. 125, sec. 1, p. 474; am. 1978, ch. 365, sec. 1, p. 954; am. 1981, ch. 180, sec. 3, p. 317; am. 1983, ch. 192, sec. 1, p. 521; am. 1984, ch. 199, sec. 1, p. 489; am. 1992, ch. 74, sec. 3, p. 212; am. 1995, ch. 183, sec. 1, p. 669; am. 2000, ch. 250, sec. 3, p. 704; am. 2002, ch. 74, sec. 1, p. 163; am. 2006, ch. 263, sec. 3, p. 816; am. 2026, ch. 196, sec. 1, p. 851.]
Idaho Code § 1-2410 — Idaho Code / Title 1 / Chapter 24 / Section 1-2410
1-2410 RIGHT OF APPEAL NOT CREATED.
Status: in_force

1-2410. Right of appeal not created. Nothing in this act is intended to provide or to create a right of appeal where such right is not otherwise provided or created by law.

History:

[1-2410, added 1980, ch. 245, sec. 1, p. 568.]
Idaho Code § 1-601 — Idaho Code / Title 1 / Chapter 6 / Section 1-601
1-601 REFERENCE TO CODE PROVISIONS CONCERNING OTHER COURT OFFICERS.
Status: in_force

1-601. Reference to code provisions concerning other court officers. Other officers of courts are the clerks of the district courts; stenographic reports, and the crier, bailiff and messenger of the Supreme Court. The office, bond, fees and general duties of the clerks of the district courts are provided for elsewhere in this code, and the appointment, compensation and duties of the other officers mentioned in this section are provided for in the Code of Civil Procedure and the Penal Code.

History:

[(1-601) R.C. & C.L., sec. 230; C.S., sec. 207; I.C.A., sec. 1-601; am. 1969, ch. 123, sec. 1, p. 383.]
Idaho Code § 1-501 — Idaho Code / Title 1 / Chapter 5 / Section 1-501
1-501 CLERK TO BE EX OFFICIO REPORTER.
Status: in_force

1-501. Clerk to be ex officio reporter. The clerk of the Supreme Court shall be ex officio reporter of the decisions of the Supreme Court.

History:

[(1-501) 1903, p. 367, sec. 1; reen. R.C. & C.L., sec. 222; C.S., sec. 199; am. 1921, ch. 21, sec. 3, p. 30; I.C.A., sec. 1-501.]
Idaho Code § 1-2103 — Idaho Code / Title 1 / Chapter 21 / Section 1-2103
1-2103 REMOVAL, DISCIPLINING, OR RETIREMENT OF JUDGES OR JUSTICES — PROCEDURE.
Status: in_force

1-2103. Removal, disciplining, or retirement of judges or justices — Procedure. A justice of the Supreme Court or judge of any district court, in accordance with the procedure prescribed in this section, may be disciplined or removed for wilful misconduct in office or wilful and persistent failure to perform his duties or habitual intemperance or conduct prejudicial to the administration of justice that brings judicial office into disrepute, or he may be retired for disability seriously interfering with the performance of his duties, which is, or is likely to become of a permanent character. The judicial council may, after such investigation as the council deems necessary, order a hearing to be held before it concerning the removal, discipline or retirement of a justice or a judge, or the council may in its discretion request the Supreme Court to appoint three (3) special masters, who shall be justices or judges, to hear and take evidence in any such matters, and to report their findings to the council. If, after hearing, or after considering the record and the findings and report of the masters, the council finds good cause therefor, it shall recommend to the Supreme Court the removal, discipline or retirement, as the case may be, of the justice or judge.

The Supreme Court shall review the record of the proceedings on the law and facts and in its discretion may permit the introduction of additional evidence and shall order removal, discipline or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to other provisions of law. Upon an order for removal, the justice or judge shall thereby be removed from office, and his salary shall cease from the date of such order.

All papers filed with and the proceedings before the judicial council or masters appointed by the Supreme Court, pursuant to this section, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, provided, however, that if allegations against a judge are made public by the complainant, judge or third persons, the judicial council may, in its discretion, comment on the existence, nature, and status of any investigation. The filing of papers with and the giving of testimony before the council or the masters shall be privileged; but no other publication of such papers or proceedings shall be privileged in any action for defamation except that (a) the record filed by the council in the Supreme Court continues privileged and upon such filing loses its confidential character and (b) a writing which was privileged prior to its filing with the council or the masters does not lose such privilege by such filing. The judicial council shall by rule provide for procedures under this section, including the exercise of requisite process and subpoena powers. A justice or judge who is a member of the council or Supreme Court shall not participate in any proceedings involving his own removal, discipline or retirement.

This section is alternative to, and cumulative with, the removal of justices and judges by impeachment, and the original supervisory control of members of the judicial system by the Supreme Court.

History:

[1-2103, added 1967, ch. 67, sec. 3, p. 153; am. 1969, ch. 225, sec. 1, p. 732; am. 1986, ch. 89, sec. 1, p. 261; am. 1990, ch. 213, sec. 3, p. 489; am. 2015, ch. 141, sec. 1, p. 379.]
Idaho Code § 1-207 — Idaho Code / Title 1 / Chapter 2 / Section 1-207
1-207 CONCURRENCE IN DECISIONS.
Status: in_force

1-207. Concurrence in decisions. The concurrence of three (3) justices is necessary to pronounce a judgment; if three (3) do not concur, the case must be reheard.

History:

[(1-207) C.C.P. 1881, sec. 24; R.S., R.C., & C.L., sec. 3820; C.S., sec. 6448; am. 1921, ch. 29, sec. 3, p. 37; I.C.A., sec. 1-207.]
Idaho Code § 1-2004A — Idaho Code / Title 1 / Chapter 20 / Section 1-2004A
1-2004A EMPLOYER CONTRIBUTIONS — AMOUNTS — RATES — AMORTIZATION.
Status: in_force

1-2004A. EMPLOYER CONTRIBUTIONS — AMOUNTS — RATES — AMORTIZATION. (1) The amount of the employer contributions shall consist of the sum of a percentage of the salaries of active members to be known as the "normal cost" and a percentage of such salaries to be known as the "amortization payment." The rates of such contributions shall be determined by the retirement board on the basis of assets and liabilities as shown by the annual actuarial valuation, and such rates shall become effective no later than July 1 of the second year following the year of the most recent actuarial valuation, and shall remain effective until next determined by the retirement board.

(2) The normal cost rate shall be computed to be sufficient, when applied to the actuarial present value of the future salary of the average new justice or judge entering the system, to provide for the payment of all prospective benefits in respect to such justice or judge which are not provided by the justice's or judge's own contribution.

(3) The amortization rate shall not be less than the minimum amortization rate computed pursuant to subsection (5) of this section, unless a one (1) year grace period has been made effective by the retirement board. During a grace period, the amortization rate shall be no less than the rate in effect during the immediately preceding year. A grace period may not be made effective if more than one (1) other grace period has been effective in the immediately preceding four (4) year period.

(4) Each of the following terms used in this chapter shall have the following meanings:

(a) "Effective date" means the date the rates of contributions based on the valuation become effective pursuant to subsection (1) of this section.

(b) "End date" means the date twenty-five (25) years after the valuation date.

(c) "Projected salaries" means the sum of the annual salaries of all justices and judges.

(d) "Scheduled amortization amount" means the actuarial present value of future contributions payable as amortization payment from the valuation date until the effective date.

(e) "Unfunded actuarial liability" means the excess of the actuarial present value of (i) over the sum of the actuarial present values of (ii), (iii) and (iv) as follows, all determined by the valuation as of the valuation date:

(i) All future benefits payable under this chapter;

(ii) The assets then held by the funding agent for the payment of benefits under this chapter;

(iii) The future normal costs payable in respect of all then active justices and judges;

(iv) The future contributions payable under section 1-2004, Idaho Code, by all current active justices and judges;

(f) "Valuation" means the most recent annual actuarial valuation.

(g) "Valuation date" means the date of such valuation.

(5) The minimum amortization payment rate shall be that percentage, calculated as of the valuation date, of the then actuarial present value of the projected salaries from the effective date to the end date which is equivalent to the excess of the unfunded actuarial liability over the scheduled amortization amount.

History:

[1-2004A, added 2012, ch. 330, sec. 7, p. 919.]
Idaho Code § 1-1101 — Idaho Code / Title 1 / Chapter 11 / Section 1-1101
1-1101 STENOGRAPHIC REPORTER — APPOINTMENT AND QUALIFICATIONS.
Status: in_force

1-1101. Stenographic reporter — Appointment and qualifications. There shall be appointed within and for each of the judicial districts of this state, by each district judge, a stenographic reporter who shall be well skilled in the art of stenography and capable of reporting the oral proceedings in court, verbatim.

History:

[(1-1101) 1890-1891, p. 233, sec. 1; am. 1895, p. 69, sec. 1; reen. 1899, p. 163, sec. 1; reen. R.C., sec. 3980; am. 1911, ch. 40, sec. 1, p. 85; reen. C.L., sec. 3980; C.S., sec. 6556; I.C.A., sec. 1-1101.]
Idaho Code § 1-2203B — Idaho Code / Title 1 / Chapter 22 / Section 1-2203B
1-2203B DISTRICT MAGISTRATES COMMISSION — VACANCIES — TEMPORARY VACANCIES — TEMPORARY MEMBERS.
Status: in_force

1-2203B. DISTRICT MAGISTRATES COMMISSION — VACANCIES — TEMPORARY VACANCIES — TEMPORARY MEMBERS. (1) A vacancy on the commission shall be caused by a voting member dying, resigning, moving his residence outside the district, moving his residence to another county, and, in the case of a mayor, magistrate judge, district judge, county clerk, or county commissioner member, losing his status as such official for any reason; provided, however, that except in the case of death or resignation of a member, the member who is not otherwise disqualified by law from continuing to serve shall continue to serve until a successor is duly appointed and qualified.

(2) In the case of an attorney member, a vacancy on the commission shall also be caused by being suspended or disbarred from the practice of law.

(3) Appointments to fill all vacancies, including temporary vacancies, shall be made by the initial appointing authority for the unexpired term or for the period of any temporary vacancy.

(4) A temporary vacancy on the commission shall be caused by an attorney member currently practicing law in the same firm as an applicant seeking a magistrate judge's position in the commission's judicial district or by an attorney member or a magistrate judge member having been engaged in the practice of law as a partner of such applicant within the last five (5) years.

(5) A temporary vacancy on the commission for the county clerk member shall occur if the magistrate judge position being filled or the removal process of a magistrate judge is in the county clerk's county.

(6) Temporary attorney members may be nominated in such number as the bar association in each district deems appropriate at any time by the respective district bar association and appointed by the Idaho state bar to fill any temporary attorney member vacancy on the district magistrates commission.

(7) It shall be the duty of any member who has become disqualified for any reason promptly to report that fact in writing to the chairman and secretary of the commission. It shall be the duty of the chairman or secretary promptly to report in writing to the appropriate appointing authority the existence of any vacancy on the commission.

History:

[1-2203B, added 2021, ch. 85, sec. 3, p. 287.]
Idaho Code § 1-2220 — Idaho Code / Title 1 / Chapter 22 / Section 1-2220
1-2220 RETENTION OR NONRETENTION OF MAGISTRATE BY VOTE.
Status: in_force

1-2220. Retention or nonretention of magistrate by vote. Any magistrate appointed pursuant to the provisions of section 1-2205, Idaho Code, and section 1-2207(2), Idaho Code, shall stand for office in the first general election next succeeding the expiration of the eighteen (18) month period established pursuant to section 1-2207, Idaho Code. Any magistrate may during the time period provided in section 34-1404, Idaho Code, file in the office of the county clerk of the county for which he is a resident magistrate, accompanied by a filing fee of forty dollars ($40.00), a declaration of candidacy to succeed himself. If a declaration is not so filed by any magistrate, the vacancy resulting from the expiration of his term of office shall be filled by appointment as herein provided, except that any magistrate who does not file shall be ineligible for appointment within the same judicial district for two (2) years following the expiration of his last term of office. If such a declaration is filed, his name shall be submitted at the next general election to the voters eligible to vote within the county for which he is appointed, on a nonpartisan judicial ballot, without party designation, which shall read:

"Shall Magistrate…. (Here insert the name of the magistrate) of…. (Here insert the name of the county) County of the…. (Here insert the judicial district number) Judicial District be retained in office?" (Here provision is to be made for voting "Yes" or "No".)

The votes shall be canvassed as provided in chapter 12, title 34, Idaho Code.

If a majority of those voting on the question vote against retaining him in office, upon the expiration of his term of office, a vacancy shall exist which shall be filled by appointment as provided in section 1-2205, Idaho Code, except that the magistrate not retained in office shall be ineligible for appointment within the same judicial district for two (2) years following the expiration of his last term of office.

If a majority of those voting on the question vote for retaining him in office, the county clerk shall issue him a certificate of election as provided in section 34-1209, Idaho Code, and said magistrate shall, unless removed for cause, remain in office for an additional term of four (4) years, and at the expiration of each such four (4) year term shall be eligible for retention in office by election in the manner herein prescribed.

History:

[1-2220, added 1973, ch. 78, sec. 2, p. 124; am. 1974, ch. 116, sec. 2, p. 1286; am. 1977, ch. 233, sec. 5, p. 696; am. 1979, ch. 149, sec. 3, p. 461; am. 2003, ch. 55, sec. 1, p. 199; am. 2025, ch. 113, sec. 1, p. 600.]
Idaho Code § 1-2315 — Idaho Code / Title 1 / Chapter 23 / Section 1-2315
1-2315 JURY TRIAL NOT ALLOWED.
Status: in_force

1-2315. Jury trial not allowed. No party may have his cause heard before a jury in the small claims department of the magistrate's division of the district court.

History:

[1-2315, added 1969, ch. 103, sec. 15, p. 348.]
Idaho Code § 1-2310 — Idaho Code / Title 1 / Chapter 23 / Section 1-2310
1-2310 JUDGMENT AGAINST DEFENDANT.
Status: in_force

1-2310. Judgment against defendant. If the judgment or order shall be against the defendant, it shall be his duty to pay the same forthwith or execution may ensue as in other cases. On and after sixty (60) days from the date judgment is rendered, the plaintiff shall be entitled to receive, in addition to the amount awarded in the judgment, attorney's fees and all documented costs associated with collection of the judgment. Such attorney's fees and costs shall be set by the court following the filing of a memorandum of attorney's fees and costs with notice to all parties and hearing.

History:

[1-2310, added 1969, ch. 103, sec. 10, p. 348; am. 2006, ch. 263, sec. 4, p. 817.]
Idaho Code § 1-1613A — Idaho Code / Title 1 / Chapter 16 / Section 1-1613A
1-1613A COUNTY EMPLOYEES PERFORMING FUNCTIONS OF THE DISTRICT COURT UNDER COURT CONTROL — LIABILITY.
Status: in_force

1-1613A. County employees performing functions of the district court under court control — Liability. (1) For the purposes of the Idaho tort claims act, as set forth in sections 6-901 et seq., Idaho Code, any county official or employee, including any elected or appointed county official, while acting in the course and scope of performing clerical, judicial and other administrative functions and duties of the district court, shall be considered an employee of the state of Idaho.

(2) For the purposes of this section only, the term "district court" includes all district courts and magistrates divisions thereof, administrative judges of each district, and all district and magistrate judges in the judicial districts of the state of Idaho.

History:

[1-1613A, added 2005, ch. 221, sec. 1, p. 698.]
Idaho Code § 1-2004B — Idaho Code / Title 1 / Chapter 20 / Section 1-2004B
1-2004B EMPLOYEE CONTRIBUTIONS.
Status: in_force

1-2004B. EMPLOYEE CONTRIBUTIONS. The contribution for a justice, judge of the court of appeals or district judge shall be eighteen and five-tenths percent (18.5%) of the employer contribution rate determined pursuant to section 1-2004A, Idaho Code, and rounded to the nearest one hundredth percent (.01%) of salary. The retirement board is specifically authorized to certify to the state controller the necessary adjustments in the rate of member contributions.

History:

[1-2004B, added 2012, ch. 330, sec. 8, p. 920.]
Idaho Code § 1-2103A — Idaho Code / Title 1 / Chapter 21 / Section 1-2103A
1-2103A REMOVAL, DISCIPLINING, OR RETIREMENT OF MAGISTRATES.
Status: in_force

1-2103A. Removal, disciplining, or retirement of magistrates. A magistrate of the district court, in accordance with the procedure prescribed in this section, may be disciplined or removed for wilful misconduct in office or wilful and persistent failure to perform his duties or habitual intemperance or conduct prejudicial to the administration of justice that brings judicial office into disrepute, or he may be recommended for retirement for disability seriously interfering with the performance of his duties, which is, or is likely to become of a permanent character.

The judicial council may, after such investigation as the council deems necessary, order a hearing to be held before it concerning the removal, discipline or retirement of a magistrate, or the council may in its discretion request the Supreme Court to appoint three (3) special masters, who shall be district judges or district magistrates, to hear and take evidence in any such matters, and to report their findings to the council. If, after hearing, or after considering the record and the findings and report of the masters, the council finds good cause therefor, it shall recommend to the Supreme Court the removal, discipline or retirement, as the case may be, of the magistrate.

The Supreme Court shall review the record of the proceedings on the law and facts and in its discretion may permit the introduction of additional evidence and shall order removal or discipline, or recommend retirement for disability, or wholly reject the recommendation. Upon a recommendation for retirement for disability, the recommendation shall be presented to the public employee retirement system for action. Upon an order for removal, the magistrate shall thereby be removed from office, and his salary shall cease from the date of such order.

All papers filed with and the proceedings before the judicial council, or masters appointed by the Supreme Court, pursuant to this section, shall be confidential; provided, however, that if allegations against a magistrate are made public by the complainant, the magistrate, or third person, the judicial council may, in its discretion, comment on the existence, nature and status of any investigation. The filing of papers with and the giving of testimony before the council or the masters shall be privileged, but no other publication of such papers or proceedings shall be privileged in any action for defamation except that (a) the record filed by the council in the Supreme Court continues privileged and upon such filing loses its confidential character; and (b) a writing which was privileged prior to its filing with the council or the masters does not lose such privilege by such filing. The judicial council shall by rule provide for procedures under the provisions of this section including the exercise of requisite process and subpoena powers.

The provisions of this section are alternative to, and cumulative with, the removal of magistrates by impeachment, and the original supervisory control of members of the judicial system by the Supreme Court.

History:

[1-2103A, added 1990, ch. 71, sec. 3, p. 154.]
Idaho Code § 1-210 — Idaho Code / Title 1 / Chapter 2 / Section 1-210
1-210 BAILIFF, CRIER AND MESSENGER — APPOINTMENT AND COMPENSATION.
Status: in_force

1-210. Bailiff, crier and messenger — Appointment and compensation. The court shall have power to appoint a bailiff, crier and messenger when such officers are necessary whose duties shall be fixed by the court, and whose compensation for all services rendered to the state of Idaho shall be fixed by the court and certified to the state controller, and payable as provided by law.

History:

[(1-210) 1890-1891, p. 11, secs. 2, 4; am. 1893, p. 63, sec. 3; reen. 1899, p. 6, sec. 2, last part of secs. 6, 7; compiled R.C. & C.L., sec. 3822; C.S., sec. 6452; am. 1921, ch. 29, sec. 5, p. 37; I.C.A., sec. 1-210; am. 1957, ch. 314, sec. 1, p. 672; am. 1994, ch. 180, sec. 1, p. 423.]
Idaho Code § 1-1804 — Idaho Code / Title 1 / Chapter 18 / Section 1-1804
1-1804 JUDGE NOT TO HAVE LAW PARTNER.
Status: in_force

1-1804. Judge not to have law partner. No judge or other judicial officer shall have a partner acting as attorney or counsel in any court of this state.

History:

[(1-1804) C.C.P. 1881, sec. 62; R.S., R.C., & C.L., sec. 3903; C.S., sec. 6502; I.C.A., sec. 1-1804.]
Idaho Code § 1-405 — Idaho Code / Title 1 / Chapter 4 / Section 1-405
1-405 AUTHORITY TO ADMINISTER OATHS.
Status: in_force

1-405. Authority to administer oaths. He may administer oaths in every case where an oath is authorized by law.

History:

[(1-405) 1864, p. 423, sec. 6; R.S., sec. 266; R.C. & C.L., sec. 216; C.S., sec. 193; I.C.A., sec. 1-405.]
Idaho Code § 1-201 — Idaho Code / Title 1 / Chapter 2 / Section 1-201
1-201 CONSTITUTION OF COURT.
Status: in_force

1-201. Constitution of court. The supreme court consists of five (5) justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. The justices of the supreme court shall be elected by the electors of the state at large. The terms of office of said justices shall be six (6) years. The chief justice shall receive an annual salary in an amount of three thousand dollars ($3,000) greater than the annual salary of the justices of the supreme court to compensate for the additional constitutional and statutory duties of the office.

History:

[(1-201) R.C., sec. 3814; reen. C.L., sec. 3814; C.S., sec. 6442; am. 1921, ch. 29, sec. 1, p. 37; I.C.A., sec. 1-201; am. 1985, ch. 29, sec. 1, p. 52; am. 2014, ch. 291, sec. 1, p. 734; am. 2017, ch. 168, sec. 1, p. 391.]
Idaho Code § 1-807 — Idaho Code / Title 1 / Chapter 8 / Section 1-807
1-807 SIXTH DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-807. Sixth district — Number of judges — Resident chambers. (1) The sixth judicial district shall consist of the counties of Power, Bannock, Caribou, Bear Lake, Franklin and Oneida.

(2) The sixth judicial district shall have four (4) district judges.

(3) Resident chambers of the district judges of the sixth judicial district shall be established as follows:

(a) One (1) resident chambers shall be established in Caribou County;

(b) Three (3) resident chambers shall be established in Bannock County.

History:

[1-807, as reenacted 1967, ch. 51, sec. 1, p. 95; am. 1980, ch. 315, sec. 1, p. 807.]
Idaho Code § 1-612 — Idaho Code / Title 1 / Chapter 6 / Section 1-612
1-612 DUTIES OF ADMINISTRATIVE DIRECTOR.
Status: in_force

1-612. Duties of administrative director. The administrative director, acting under the supervision and direction of the supreme court, shall:

(a) Procure data from time to time and as of the close of each fiscal year with respect to these matters: the business transacted by the various courts of Idaho; the state of their dockets; the needs, if any, for assistance to expedite the handling of judicial business pending in the courts; and such other matters as, in the judgment of the supreme court, bear on the work and the administration of the judicial system of the state.

(b) Report to the supreme court from time to time concerning the need for assistance in the handling of pending business in any court of Idaho, and recommended means for meeting the need.

(c) Report to the supreme court and the governor for each fiscal year, as of the close of the year, concerning the data procured as provided in subsection(a) of this section and as to the work of the administrative director's office, one (1) copy of each report to be made public by filing with the clerk of the supreme court, one (1) to be furnished to the board of commissioners of the Idaho state bar, and one (1) to the legislative counsel; and report to the supreme court on these data at such other times as may be requested by the chief justice.

(d) Examine the administrative and business methods and systems employed in the offices of the judges, clerks and other officers of the courts related to and serving the courts, and make recommendations to the supreme court for improvement.

(e) Formulate and submit to the supreme court recommendations for the improvement of the judicial system.

History:

[1-612, added 1949, ch. 93, sec. 2, p. 168; am. 1967, ch. 39, sec. 2, p. 61; am. 1974, ch. 14, sec. 2, p. 300; am. 2011, ch. 25, sec. 1, p. 66.]
Idaho Code § 1-1902 — Idaho Code / Title 1 / Chapter 19 / Section 1-1902
1-1902 JUDICIAL OFFICER MAY PUNISH FOR CONTEMPT.
Status: in_force

1-1902. Judicial officer may punish for contempt. For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt, in the cases provided in this code.

History:

[(1-1902) C.C.P. 1881, sec. 65; R.S., R.C., & C.L., sec. 3912; C.S., sec. 6504; I.C.A., sec. 1-1902.]
Idaho Code § 1-2003 — Idaho Code / Title 1 / Chapter 20 / Section 1-2003
1-2003 ADDITIONAL FEES IN CIVIL ACTIONS AND APPEALS.
Status: in_force

1-2003. Additional fees in civil actions and appeals. (1) In addition to the fees and charges to be collected by the clerks of the district courts of the state and by other persons authorized by rule or administrative order of the supreme court as now or hereafter provided by law, such clerks and authorized persons are directed to charge and collect the additional sum of twenty-six dollars ($26.00) for filing a civil case or proceeding of any type in the district court or magistrate's division of the district court, including cases involving the administration of decedents' estates, whether testate or intestate, conservatorships of the person or of the estate or both, and guardianships of the person or of the estate or both, except that no fee shall be charged or collected for filing a proceeding under the summary administration procedure for small estates, part 12, chapter 3, title 15, Idaho Code. The additional sum of twenty-six dollars ($26.00) shall also be collected from any party, except the plaintiff, making an appearance in any civil action in the district court, but such twenty-six dollar ($26.00) fee shall not be collected from the person making an appearance in civil actions filed in the small claims departments of the district court.

(2) The sum of twenty-six dollars ($26.00) shall also be collected:

(a) From an intervenor in an action;

(b) From a party who files a third-party claim;

(c) From a party who files a cross claim;

(d) From a party appealing from the magistrate's division of the district court to the district court;

(e) From a party appealing the decision of any commission, board or body to the district court.

(3) The clerk of the supreme court is authorized and directed to charge and collect, in addition to the fees now prescribed by law and as a part of the cost of filing the transcript on appeal in any civil case or proceeding, other than criminal, appealed to the supreme court, the additional sum of twenty-six dollars ($26.00); for filing a petition for rehearing, the additional sum of eighteen dollars ($18.00); for filing an application for any writ for which a fee is now prescribed, the additional sum of eighteen dollars ($18.00); for filing appeals from the industrial commission, the additional sum of thirteen dollars ($13.00).

(4) The clerks of the district courts, persons authorized by rule or administrative order of the supreme court and the clerk of the supreme court are directed and required to remit all additional charges and fees authorized by this section and collected during a calendar month to the state treasurer within fifteen (15) days after the end of the month in which such fees were collected. The state treasurer shall place all such sums in the state general fund.

History:

[1-2003, added 1947, ch. 104, sec. 3, p. 210; am. 1963, ch. 169, sec. 2, p. 489; am. 1967, ch. 246, sec. 1, p. 713; am. 1967 (1st E.S.), ch. 6, sec. 1, p. 26; am. 1969, ch. 138, sec. 1, p. 424; am. 1979, ch. 219, sec. 3, p. 612; am. 1983, ch. 144, sec. 4, p. 366; am. 1990, ch. 246, sec. 1, p. 699; am. 2012, ch. 330, sec. 5, p. 917; am. 2023, ch. 78, sec. 1, p. 265.]
Idaho Code § 1-301 — Idaho Code / Title 1 / Chapter 3 / Section 1-301
1-301 APPOINTMENT FROM DISTRICT JUDGES — DUTIES — COMPENSATION AND EXPENSES — REMOVAL — VACANCIES — OATH.
Status: in_force

1-301. Appointment from district judges — Duties — Compensation and expenses — Removal — Vacancies — Oath. The Supreme Court of the state of Idaho may, at any time, appoint from among the duly elected, qualified and acting district judges of the state of Idaho, from any of the various counties or districts, one or more of such judges to act for such period of time as may be designated in the order appointing them, as commissioners of the Supreme Court; and upon grounds of the public service, the personnel of such commission may be changed from time to time as necessities and business of the several districts may require, by the designation of other district judges to act in the place and stead of those first designated. All that shall be legally required to constitute such commission, and authorize each commissioner to act, shall be the making and entering by the Supreme Court of the order of appointment or substitution of such commissioners. It shall be the duty of said commissioners, under such rules and regulations as the court may adopt, to assist the Supreme Court in the performance of its duties and the disposition of the numerous causes now or hereafter pending in said court, and undetermined. None of such district judges shall be qualified to act for a longer period than that for which they were elected or appointed to serve in the capacity of district judges. None of such commissioners shall receive any salary or emolument whatsoever in addition to the salary already prescribed for them by law, but each and all shall be entitled to and be paid all actual and necessary expenses incurred by him in the performance of his duties hereunder, including when absent from the city of his residence, but not otherwise, actual and necessary expenses of travel and sustenance, all of which expenses shall be paid from the treasury of the state of Idaho in the same manner as are similar expenses of the justices of the Supreme Court, but out of the appropriation made for such purposes for district judges. The Supreme Court shall have the power to remove or substitute any or all members of said commission at any time, permanently or temporarily, and vacancies arising from any cause shall be filled by the Supreme Court. Before entering upon the discharge of their duties, each commissioner will be required to take and subscribe the constitutional oath of office.

History:

[(1-301) 1923, ch. 11, sec. 1, p. 12; I.C.A., sec. 1-301.]
Idaho Code § 1-2202 — Idaho Code / Title 1 / Chapter 22 / Section 1-2202
1-2202 “MAGISTRATE” DEFINED.
Status: in_force

1-2202. "Magistrate" defined. As used in this act "magistrate" means a magistrate of the district court appointed under authority of this act.

History:

[1-2202, added 1969, ch. 104, sec. 2, p. 353.]
Idaho Code § 1-2313 — Idaho Code / Title 1 / Chapter 23 / Section 1-2313
1-2313 JUDGMENT — ENTRY ON DOCKET — ENFORCEMENT.
Status: in_force

1-2313. Judgment — Entry on docket — Enforcement. If no appeal is taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the magistrate before whom such hearing was had, may, on application of the plaintiff, certify such judgment in substantially the following form:

In the Magistrate's Division of the District Court for …. County, Idaho

Plaintiff …………………….

v.

Defendant …………………….

In the Small Claims Department

This is to certify that in a certain action before me, the undersigned, had on this the …. day of …., 20.., wherein …. was plaintiff and …. was defendant, jurisdiction of said defendant having had by personal service (or otherwise), as provided by law, I then and there entered judgment against said defendant in the sum of …. dollars, which judgment has not been paid.

Witness my hand this …. day of …., 20…

…………………….

The magistrate of said magistrate's division shall forthwith enter such judgment transcript on the judgment docket of such magistrate's division, and thereafter execution and other process on execution provided by law may issue thereon, as obtains in other cases of judgments of magistrate's division, and a transcript of such judgments may be filed and entered in judgment lien dockets in district courts with like effect as in other cases.

History:

[1-2313, added 1969, ch. 103, sec. 13, p. 348; am. 2000, ch. 250, sec. 11, p. 708.]
Idaho Code § 1-705 — Idaho Code / Title 1 / Chapter 7 / Section 1-705
1-705 JURISDICTION — ORIGINAL AND APPELLATE.
Status: in_force

1-705. Jurisdiction — Original and appellate. The district court has original jurisdiction:

1. In all cases and proceedings.

2. In the issuance of writs of mandamus, certiorari, prohibition, habeas corpus and all writs necessary to the exercise of its powers.

3. Its appellate jurisdiction extends to all cases assigned to magistrate's division of the district court; and to all other matters and cases wherein appeal is allowed by law.

History:

[(1-705) R.S., sec. 3830; am. 1899, p. 125, sec. 1; compiled R.C. & C.L., sec. 3830; C.S., sec. 6457; I.C.A., sec. 1-705; am. 1969, ch. 107, sec. 1, p. 362.]
Idaho Code § 1-2216 — Idaho Code / Title 1 / Chapter 22 / Section 1-2216
1-2216 MAGISTRATES PRACTICING LAW.
Status: in_force

1-2216. Magistrates practicing law. Attorneys who are magistrates may practice law under such conditions as the district judges sitting en banc in the judicial district may provide, subject to Supreme Court rule.

History:

[1-2216, added 1969, ch. 104, sec. 16, p. 353.]
Idaho Code § 1-2405 — Idaho Code / Title 1 / Chapter 24 / Section 1-2405
1-2405 INTERIM AND SUPPLEMENTAL MEMBERSHIP OF COURT OF APPEALS.
Status: in_force

1-2405. Interim and supplemental membership of court of appeals. (1) Commencing July 1, 1981, until funds have been appropriated for, and the governor has filled by appointment, three (3) positions on the Idaho court of appeals, and continuing thereafter as needed, the supreme court may provide for the assignment of active or senior district judges, active or senior attorney magistrate judges, senior justices of the supreme court and senior judges of the court of appeals to serve on a panel of the court of appeals. Assignments may be made for a time certain, for a term of court, or specifically for one (1) or more cases on the docket of the court of appeals.

(2) An active or senior district judge or active or senior attorney magistrate judge may not be assigned to hear cases in which he or she participated while serving on the district court, nor may an active district judge or an active attorney magistrate judge hear cases which originated in his or her judicial district.

(3) Active district judges or active attorney magistrate judges serving on the court of appeals shall be entitled to no additional compensation, but shall be reimbursed for expenses, as provided by section 1-711, Idaho Code, for active district judges, or as provided by section 1-2219, Idaho Code, for active attorney magistrate judges. Compensation for senior justices or senior judges serving on the court of appeals shall be paid in the manner provided for in section 1-2005 or section 1-2221, Idaho Code.

History:

[1-2405, added 1980, ch. 245, sec. 1, p. 566; am. 1999, ch. 148, sec. 1, p. 420; am. 2002, ch. 95, sec. 2, p. 264.]
Idaho Code § 1-504 — Idaho Code / Title 1 / Chapter 5 / Section 1-504
1-504 NAME AND ARRANGEMENT OF REPORTS.
Status: in_force

1-504. Name and arrangement of reports. Volumes published under the provisions of this article shall be called "Idaho Reports, Volume–." Volumes shall be numbered consecutively. Each volume shall commence with the decisions immediately following those reported in the preceding volume. All decisions shall be reported in the order in which they were handed down, chronologically. All volumes shall be uniform in size and amount of matter contained, with volume 1, Idaho Reports, new series, and the style of type the same and composition shall be similar, and the paper and binding and all material and work, including sewing, shall be equally as good, and similar to that used in said volume 1, Idaho Reports, new series. Each volume of said reports when printed shall contain not less than eight hundred (800) pages, exclusive of the index thereto.

History:

[(1-504) 1903, p. 361, sec. 4; am. R.C., sec. 225; compiled and reen. C.L., sec. 225; C.S., sec. 202; I.C.A., sec. 1-504.]
Idaho Code § 1-2406 — Idaho Code / Title 1 / Chapter 24 / Section 1-2406
1-2406 JURISDICTION — ASSIGNMENT AND REVOCATION OF ASSIGNMENT OF CASES — AUTHORITY IN FURTHERANCE OF JURISDICTION.
Status: in_force

1-2406. Jurisdiction — Assignment and revocation of assignment of cases — Authority in furtherance of jurisdiction. (1) Any provision of law to the contrary notwithstanding, the Idaho court of appeals shall have jurisdiction to hear and to decide all cases assigned to it by the Idaho supreme court; provided, that the supreme court shall not assign cases invoking the supreme court's original jurisdiction, nor appeals from imposition of sentences of capital punishment in criminal cases, nor appeals from the industrial commission, nor appeals from the public utilities commission.

(2) In assigning cases to the Idaho court of appeals, the Idaho supreme court shall give due regard to the workload of each court, to the error review and correction functions of the court of appeals, and to the desirability of retaining for decision by the supreme court those cases in which there is substantial public interest or in which there are significant issues involving clarification or development of the law.

(3) Upon motion of any party, or upon recommendation of the court of appeals, or upon its own motion, the supreme court may revoke assignment of a case to the court of appeals. In the event of such transfer or revocation of assignment, the case shall be heard and decided by the supreme court.

(4) A judge of the court of appeals may be assigned cases in other courts from time to time by the chief justice of the supreme court of Idaho, and when so assigned shall have the same powers, duties and functions as a judge of the court to which he is assigned; provided, however, that no judge shall participate in the review by the supreme court or by the court of appeals of a case in which he participated while serving on the district court or court of appeals.

History:

[1-2406, added 1980, ch. 245, sec. 1, p. 567; am. 1981, ch. 271, sec. 2, p. 574.]
Idaho Code § 1-801 — Idaho Code / Title 1 / Chapter 8 / Section 1-801
1-801 NUMBER OF JUDICIAL DISTRICTS — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-801. Number of judicial districts — Number of judges — Resident chambers. The state is divided into seven (7) judicial districts described in this chapter. The number of district judges for each judicial district shall be as described by this chapter. The resident chambers of a district judge within a judicial district shall be as described in this chapter.

History:

[I.C., sec. 1-801 as reenacted 1967, ch. 51, sec. 1, p. 95.]
Idaho Code § 1-802 — Idaho Code / Title 1 / Chapter 8 / Section 1-802
1-802 FIRST DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-802. First district — Number of judges — Resident chambers. (1) The first judicial district shall consist of the counties of Boundary, Bonner, Kootenai, Shoshone, and Benewah.

(2) The first judicial district shall have eight (8) district judges.

(3) Resident chambers of the district judges of the first judicial district shall be established as follows:

(a) Two (2) resident chambers shall be established in Bonner County;

(b) Five (5) resident chambers shall be established in Kootenai County; and

(c) One (1) resident chamber shall be established in Shoshone County.

History:

[1-802, as reenacted 1967, ch. 51, sec. 1, p. 95; am. 1979, ch. 223, sec. 1, p. 619; am. 1997, ch. 66, sec. 1, p. 141; am. 2006, ch. 266, sec. 1, p. 827; am. 2020, ch. 174, sec. 1, p. 500; am. 2025, ch. 16, sec. 1, p. 47.]
Idaho Code § 1-212 — Idaho Code / Title 1 / Chapter 2 / Section 1-212
1-212 RULE-MAKING POWER RECOGNIZED.
Status: in_force

1-212. Rule-making power recognized. The inherent power of the Supreme Court to make rules governing procedure in all the courts of Idaho is hereby recognized and confirmed.

History:

[1-212, added 1941, ch. 90, sec. 1, p. 163.]
Idaho Code § 1-615 — Idaho Code / Title 1 / Chapter 6 / Section 1-615
1-615 SUPREME COURT MAY PROVIDE ASSISTANTS — CLERICAL ASSISTANCE.
Status: in_force

1-615. Supreme Court may provide assistants — Clerical assistance. The Supreme Court may provide such assistants and clerical assistance to the administrative director as may be deemed necessary to perform the duties and responsibilities imposed on him by this act.

History:

[1-615, added 1949, ch. 93, sec. 5, p. 168; am. 1967, ch. 39, sec. 5, p. 61; am. 1974, ch. 14, sec. 5, p. 300.]
Idaho Code § 1-614 — Idaho Code / Title 1 / Chapter 6 / Section 1-614
1-614 JUDGES AND CLERKS OF COURTS — DUTIES — ACCESS TO RECORDS.
Status: in_force

1-614. Judges and clerks of courts — Duties — Access to records. (a) The judges, clerks and other officers of the courts shall comply with the requests made by the administrative director for the inspection, standardization, and improvement of the records and systems employed in the offices of the judges, clerks and other officers of the courts, in furtherance of section 1-612, Idaho Code.

(b) It shall be the duty of the judges, clerks and other officers of the courts, when requested by the administrative director, to report promptly on all matters within the scope of (a) of section 1-612, Idaho Code, on which a report is requested. The administrative director shall have access to the official records of the judge, clerk and other officers of any court at all reasonable times in the performance of his duties under this act.

History:

[1-614, added 1949, ch. 93, sec. 4, p. 168; am. 1950 (E.S.), ch. 4, sec. 1, p. 14; am. 1967, ch. 39, sec. 4, p. 61; am. 1974, ch. 14, sec. 4, p. 300.]
Idaho Code § 1-406 — Idaho Code / Title 1 / Chapter 4 / Section 1-406
1-406 PROHIBITIONS.
Status: in_force

1-406. Prohibitions. He must not practice as an attorney or counselor, nor be surety or bail in any case in the court of which he is clerk.

History:

[(1-406) 1864, p. 423, sec. 7; R.S., sec. 267; R.C. & C.L., sec. 217; C.S., sec. 194; I.C.A., sec. 1-406.]
Idaho Code § 1-1607 — Idaho Code / Title 1 / Chapter 16 / Section 1-1607
1-1607 NONJUDICIAL DAYS.
Status: in_force

1-1607. Nonjudicial days. No court can be opened nor can any judicial business be transacted on any day enumerated in section 73-108, Idaho Code, or on every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday, or on a day on which the general election is held, except for the following purposes:

1. To give, upon their request, instructions to a jury when deliberating on their verdict.

2. To receive a verdict or discharge a jury.

3. For the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature: provided, that in civil causes orders of arrest may be made and executed; writs of attachment, executions, injunctions and writs of prohibition may be issued and served; proceedings to recover possession of personal property may be had; and suits for the purpose of obtaining any such writs and proceedings may be instituted on any day.

History:

[(1-1607) C.C.P. 1881, sec. 46; R.S., R.C., & C.L., sec. 3866; C.S. 6481; I.C.A., sec. 1-1607; am. 1961, ch. 270, sec. 1, p. 480; am. 1971, ch. 84, sec. 1, p. 186.]
Idaho Code § 1-202 — Idaho Code / Title 1 / Chapter 2 / Section 1-202
1-202 JURISDICTION IN GENERAL.
Status: in_force

1-202. Jurisdiction in general. The jurisdiction of this court is of two (2) kinds:

1. Original; and

2. Appellate.

History:

[(1-202) C.C.P. 1881, sec. 19; R.S., R.C., & C.L., sec. 3815; C.S., sec. 6643; I.C.A., sec. 1-202.]
Idaho Code § 1-2311 — Idaho Code / Title 1 / Chapter 23 / Section 1-2311
1-2311 APPEAL TO LAWYER MAGISTRATE.
Status: in_force

1-2311. Appeal to lawyer magistrate. If either party is dissatisfied, he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment; and if the final judgment is rendered against him by such lawyer magistrate, then he shall pay, in addition to any judgment rendered in the magistrate's division, an attorney's fee to the prevailing party as provided in section 12-120(6), Idaho Code, provided, however, that appeals from such small claims department shall be allowed only in such cases as appeals would be allowed if the action were instituted in the magistrate's division as is now provided, and further provided that the appeal shall be heard in the county wherein the original small claim was filed. A fee of twenty dollars ($20.00) shall be paid by the party taking the appeal, which shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

History:

[1-2311, added 1969, ch. 103, sec. 11, p. 348; am. 1985, ch. 167, sec. 1, p. 443; am. 2014, ch. 190, sec. 3, p. 508; am. 2023, ch. 78, sec. 3, p. 266; am. 2026, ch. 196, sec. 2, p. 852.]
Idaho Code § 1-505 — Idaho Code / Title 1 / Chapter 5 / Section 1-505
1-505 DISTRIBUTION OF REPORTS.
Status: in_force

1-505. Distribution of reports. The reporter shall have no pecuniary interest in the reports. The decisions of the said supreme court shall be prepared for publication, by the reporter, as rapidly as possible, and as soon as a sufficient number of decisions are prepared to fill a volume, such a volume shall be printed, and as many copies thereof as directed by the administrative director of the courts, shall be delivered to the state law librarian, who shall distribute them as follows: to the librarian of congress, three (3) copies; to the Idaho state law library, five (5) copies; to the university of Idaho, general library, two (2) copies; to the Idaho state university library, one (1) copy; to Boise state university library, one (1) copy; to the college of law of the university of Idaho, twelve (12) copies; to the Lewis-Clark state college, one (1) copy; to the library at the state penitentiary, one (1) copy; to each county prosecuting attorney, one (1) copy; to each magistrate, one (1) copy; to each district judge, one (1) copy; to each justice of the supreme court, one (1) copy; to the clerk of the supreme court, one (1) copy; to the attorney general, five (5) copies; one (1) copy to the department of lands of Idaho; one (1) copy to the public utilities commission of Idaho; one (1) copy to the industrial commission; one (1) copy to the division of public works; one (1) copy to the department of insurance; one (1) copy to the judiciary committee of the senate during sessions of the legislature; one (1) copy to the judiciary committee of the house of representatives during sessions of the legislature; to each state and territory in the United States sending to this state copies of its printed court reports, one (1) copy for the use of the state library or law library thereof; to each foreign state or country, sending to this state copies of its printed court reports, one (1) copy; to the governor, secretary of state, state treasurer, state controller, superintendent of public instruction, each one (1) copy; and to other officers and institutions as directed by the administrative director of the courts; provided, that each public officer receiving a copy of any volume or volumes of said reports under the provisions of this section, shall take good care of the same, and shall upon retiring from office, turn the same over to his successor in office, provided further, that copies of any volume of such reports may be again issued to any of said officers, institutions, states or territories upon good and sufficient proof of loss of the copies sought to be replaced, presented to the administrative director of the courts, who may direct the librarian to furnish another copy of the volume so lost, in place thereof. Any of the said officers, institutions, states or territories may inform the administrative director that they do not wish to receive these volumes or wish to receive a lesser number of volumes than specified in this section. The state law librarian shall then cease distributing volumes to those recipients who no longer wish to receive them, and shall distribute the number of volumes requested to those recipients who wish to receive a lesser number of volumes than specified in this section. Recipients may also inform the administrative director that they wish to resume receiving the volumes, or wish to resume receiving the full number of volumes specified in this section, and the state law librarian shall then distribute to those recipients the volumes published thereafter in the number specified in this section.

History:

[(1-505) 1903, p. 367, sec. 5; am. R.C., sec. 226; compiled & reen. C.L., sec. 226; C.S., sec. 203; am. 1925, ch. 7, sec. 1, p. 9; I.C.A., sec. 1-505; am. 1935, ch. 43, sec. 2, p. 79; am. 1939, ch. 28, sec. 1, p. 58; am. 1959, ch. 73, sec. 1, p. 165; am. 1969, ch. 122, sec. 1, p. 382; am. 1978, ch. 152, sec. 1, p. 334; am. 1994, ch. 180, sec. 2, p. 423; am. 2011, ch. 34, sec. 1, p. 77.]
Idaho Code § 1-1001 — Idaho Code / Title 1 / Chapter 10 / Section 1-1001
1-1001 DUTIES OF CLERK.
Status: in_force

1-1001. Duties of clerk. The clerk of the district court must perform such duties as are prescribed in the Code of Civil Procedure and in the Penal Code, and such duties as may be required of him by the rules and practice of the court.

History:

[(1-1001) R.S., sec. 270; compiled and reen. R.C., sec. 2049; reen. C.L., sec. 2049; C.S., sec. 3621; I.C.A., sec. 1-1001.]
Idaho Code § 1-104 — Idaho Code / Title 1 / Chapter 1 / Section 1-104
1-104 ALL ACTIONS FILED IN DISTRICT COURT.
Status: in_force

1-104. All actions filed in district court. From and after the effective date of this act, all actions of any kind shall be filed in the proper district court, as provided by law or rules of the Supreme Court, and any provision of law to the contrary is hereby declared to be null and void and of no effect.

History:

[1-104, added 1969, ch. 100, sec. 5, p. 344.]
Idaho Code § 1-803 — Idaho Code / Title 1 / Chapter 8 / Section 1-803
1-803 SECOND DISTRICT — NUMBER OF JUDGES — RESIDENT CHAMBERS.
Status: in_force

1-803. Second district — Number of judges — Resident chambers. (1) The second judicial district shall consist of the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho.

(2) The second judicial district shall have four (4) district judges.

(3) Resident chambers of the district judges of the second judicial district shall be established as follows:

(a) One (1) resident chambers shall be established in Latah County;

(b) Two (2) resident chambers shall be established in Nez Perce County;

(c) One (1) resident chambers shall be established in Idaho County.

History:

[1-803, as reenacted 1967, ch. 51, sec. 1, p. 95; am. 1981, ch. 14, sec. 1, p. 26.]
Idaho Code § 1-1102 — Idaho Code / Title 1 / Chapter 11 / Section 1-1102
1-1102 OATH, BOND, SALARY AND EXPENSES — COST OF LIVING ADJUSTMENTS.
Status: in_force

1-1102. Oath, bond, salary and expenses — Cost of living adjustments. (1) Said reporter shall take the oath required to be taken by the judicial officers; and be bonded to the state of Idaho in the form and manner prescribed by chapter 8, title 59, Idaho Code; and hold office during the pleasure of said judge. The salaries of district court reporters shall be paid on regular pay periods not less frequently than monthly as determined by order of the supreme court. The supreme court may, in its discretion, authorize a higher starting salary for any shorthand reporter who has been certified as either a certified shorthand reporter or registered public reporter and who has previous court reporting experience in another state.

(2) The supreme court shall establish and maintain, consistent with the provisions of this section and other applicable provisions of law, a personnel plan for district court reporters governing their appointment, promotion, classification, minimum qualifications, compensation, expenses, leave, transfer, lay-off, removal, discipline and other incidents of employment of those district court reporters. To the extent possible, the personnel plan shall recognize performance as measured by factors such as productivity, reliability, effectiveness and longevity.

(3) There shall be paid in addition to said salary, to each of the court reporters of the district courts, out of the state treasury, for each term of district court held by the judge thereof, for the trial and disposition of causes and the transaction of business under the laws of the state, in other counties than that in which said court reporter resides, actual and necessary expenses for traveling and attending each term.

History:

[(1-1102) 1890-1891, p. 233, sec. 2; am. 1895, p. 69, sec. 1; reen. 1899, p. 163, sec. 2; am. 1907, p. 542, sec. 1; reen. R.C., sec. 3981; last sentence reenacted in substance 1915, ch. 98, sec. 2, p. 237; reen. C.L., sec. 3981; C.S., sec. 6557; am. 1923, ch. 116, sec. 1, p. 148; am. 1927, ch. 251, sec. 1, p. 416; I.C.A., sec. 1-1102; am. 1945, ch. 64, sec. 1, p. 82; am. 1949, ch. 255, sec. 1, p. 515; am. 1953, ch. 16, sec. 1, p. 34; am. 1953, ch. 86, sec. 1, p. 117; am. 1957, ch. 315, sec. 3, p. 673; am. 1961, ch. 324, sec. 1, p. 616; am. 1965, ch. 181, sec. 1, p. 379; am. 1967, ch. 355, sec. 1, p. 1003; am. 1969, ch. 191, sec. 1, p. 562; am. 1971, ch. 136, sec. 2, p. 522; am. 1972, ch. 282, sec. 2, p. 701; am. 1974, ch. 162, sec. 1, p. 1396; am. 1976, ch. 356, sec. 1, p. 1172; am. 1977, ch. 178, sec. 1, p. 459; am. 1978, ch. 185, sec. 1, p. 417; am. 1980, ch. 131, sec. 1, p. 291; am. 1985, ch. 173, sec. 1, p. 455; am. 1989, ch. 319, sec. 1, p. 826; am. 2008, ch. 33, sec. 1, p. 65.]
Idaho Code § 1-502 — Idaho Code / Title 1 / Chapter 5 / Section 1-502
1-502 DECISIONS TO BE REPORTED.
Status: in_force

1-502. Decisions to be reported. The reporter must prepare a report of all decisions of such court.

History:

[(1-502) 1903, p. 367, sec. 2; reen. R.C., sec. 223; compiled and reen. C.L., sec. 223; C.S., sec. 200; I.C.A., sec. 1-502.]
Idaho Code § 1-2201 — Idaho Code / Title 1 / Chapter 22 / Section 1-2201
1-2201 MAGISTRATE DIVISION OF DISTRICT COURT — ESTABLISHED.
Status: in_force

1-2201. Magistrate division of district court — Established. Pursuant to the provisions of section 2 of article V of the Idaho Constitution there is hereby established in each county of the state of Idaho a magistrate division of the district court.

History:

[1-2201, added 1969, ch. 104, sec. 1, p. 353.]
Idaho Code § 1-2211 — Idaho Code / Title 1 / Chapter 22 / Section 1-2211
1-2211 JURY TRIALS — SIX-MAN JURIES.
Status: in_force

1-2211. Jury trials — Six-man juries. When required, trial juries shall be selected and summoned as provided in title 2, Idaho Code. In the case of matters enumerated in section 1-2208 tried before a jury whether in district court or in the magistrate's division of district court such jury shall consist of six (6) jurymen, unless the parties agree in open court upon a lesser number.

History:

[1-2211, added 1969, ch. 104, sec. 11, p. 353.]
Idaho Code § 1-2402 — Idaho Code / Title 1 / Chapter 24 / Section 1-2402
1-2402 STATEMENT OF INTENT.
Status: in_force

1-2402. Statement of intent. It is hereby declared that the purpose of this act is to create an appellate court subordinate to the Idaho supreme court, to be known as the Idaho court of appeals.

History:

[1-2402, added 1980, ch. 245, sec. 1, p. 565.]
Idaho Code § 1-2009 — Idaho Code / Title 1 / Chapter 20 / Section 1-2009
1-2009 BENEFIT TO SURVIVING SPOUSE OF JUSTICE OR JUDGE.
Status: in_force

1-2009. Benefit to surviving spouse of justice or judge. The legislature hereby finds and declares that the payment of allowances to the surviving spouses of justices of the supreme court, judges of the court of appeals and district judges of the district court of the state of Idaho, serves the public purpose of promoting the public welfare by encouraging experienced jurists to continue their service and that their continued service and increased efficiency will be secured in the expectation that the legislature will fairly provide for their surviving spouses, and that such continued service and increased efficiency of such jurists, secure in this knowledge, will be of substantial benefit to the state.

The surviving spouse, of any justice or judge entitled to benefits under this chapter who dies on or after July 1, 1965, shall receive an allowance from the judges' retirement fund, payable monthly, and as hereinafter provided.

(a) In the case of a justice or judge receiving retirement compensation at the time of death, allowance to his surviving spouse shall commence immediately and be payable to such spouse from such fund in an amount equal to fifty percent (50%) of the retirement compensation to which such justice or judge would be entitled under section 1-2001(2), Idaho Code; provided, that the allowance payable to the surviving spouse of a justice or judge who first assumed the office of supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall be thirty percent (30%) of the retirement compensation to which such justice or judge would be entitled.

(b) In the case of a justice or judge who has service as a justice of the supreme court, judge of the court of appeals or district judge of four (4) years or more and is not receiving retirement compensation at the time of death, commencing immediately, the surviving spouse shall be paid an allowance from such fund in the amount of fifty percent (50%) of the retirement compensation to which the justice or judge would have been entitled under section 1-2001(2)(a), Idaho Code, as if the justice or judge was eligible to retire and had retired immediately before his death; provided, that the allowance payable to the surviving spouse of a justice or judge who first assumed the office of supreme court justice, judge of the court of appeals or district judge on or after July 1, 2012, shall be thirty percent (30%) of the retirement compensation to which such justice or judge would have been entitled, as if the justice or judge was eligible to retire and had retired immediately before his death.

(c) The allowance shall be paid until the death of the surviving spouse.

(d) The surviving spouse of a justice or judge who is not receiving benefits from the judges' retirement fund at the time of the justice's or judge's death may elect to take an optional retirement allowance as a surviving annuitant under option 1 of section 1-2001b(1)(a), Idaho Code. Such optional retirement allowance shall be calculated as if the justice or judge was eligible to retire and had retired immediately before his death.

History:

[1-2009, as added by 1965, ch. 308, sec. 5, p. 835; am. 1967, ch. 301, sec. 6, p. 853; am. 1969, ch. 183, sec. 5, p. 543; am. 1974, ch. 244, sec. 2, p. 1618; am. 1983, ch. 144, sec. 3, p. 365; am. 1997, ch. 150, sec. 1, p. 427; am. 2000, ch. 385, sec. 6, p. 1254; am. 2012, ch. 330, sec. 10, p. 920.]
Idaho Code § 1-1803 — Idaho Code / Title 1 / Chapter 18 / Section 1-1803
1-1803 SUPREME AND DISTRICT JUDGES.
Status: in_force

1-1803. Supreme and district judges. A justice of the Supreme Court or judge of the district court cannot act as attorney or counsel in any court, except in an action or proceeding to which he is a party on the record.

History:

[(1-1803) C.C.P. 1881, sec. 61; R.S., R.C., & C.L., sec. 3902; C.S., sec. 6501; I.C.A., sec. 1-1803.]
Idaho Code § 1-205 — Idaho Code / Title 1 / Chapter 2 / Section 1-205
1-205 DISPOSITION OF APPEALS.
Status: in_force

1-205. Disposition of appeals. The court may reverse, affirm or modify any order or judgment appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. Its judgment must be remitted to the court from which the appeal was taken. The decisions of the court shall be given in writing; and in giving a decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case presented upon such appeal, and necessary to the final determination of the case.

History:

[(1-205) C.C.P. 1881, sec. 22; R.S., R.C., & C.L., sec. 3818; C.S., sec. 6446; I.C.A., sec. 1-205.]