reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846E. Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information › 846E-5 Periodic verification of registration information.

§846E-5 Periodic verification of registration information.
(a) For the covered offender who has registered a permanent residence address to which the United States Postal Service will deliver mail or a permanent residence and a registered post office box, during the first week of the months of January, April, July, and October of every year, the attorney general shall mail a nonforwardable verification form to the last reported permanent residence address or post office box of the covered offender. Upon receipt of the verification form:
(1) The covered offender shall sign the verification form and state that the covered offender still resides at the address last reported to the attorney general and that no other registration information has changed or shall provide the new information; and
(2) The covered offender shall mail the signed and completed verification form to the attorney general within ten days after receipt of the form.
(b) For the covered offender who has registered:
(1) A temporary residence address;
(2) A description of a place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period;
(3) No place of residence; or
(4) A permanent residence address, to which the United States Postal Service will not deliver mail, and has no registered post office box,
during the first week of the months of January, April, July, and October of every year, the covered offender shall report to the chief of police where the covered offender resides, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of administration of this section, and shall review the existing information in the registry that is within the covered offender's knowledge, correct any information that has changed or is inaccurate, and provide any new information that may be required.
(c) The periodic verification provisions of this section shall not apply to covered offenders who are incarcerated or have registered with a designated law enforcement agency after establishing residence in another state. [L 1997, c 316, pt of §2; am L 2005, c 45, §7; am L 2013, c 64, §7]
Note
The 2013 amendment applies to any acts committed prior to, on, or after April 30, 2013. L 2013, c 64, §11.
Case Notes
As the registration requirements of chapter 846E do not interfere with any of a sex offender's protected liberty interests, the protections of procedural due process are not triggered. 97 H. 285, 36 P.3d 1255 (2001).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846E. Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information › 846E-6 Requirement to register a change of registration information; verification by the attorney general.

§846E-6 Requirement to register a change of registration information; verification by the attorney general.
(a) A covered offender required to register under this chapter, who changes any of the covered offender's registration information after an initial registration with the attorney general, shall notify the attorney general of the new registration information in writing within three working days of the change. For purposes of this section, a person shall be deemed to have established a new residence during any period in which the person is absent from the person's registered residence for ten or more days. If, at any time, a covered offender required to register under this chapter is absent from the person's registered residence for ten or more days, the covered offender shall notify the attorney general in writing within three working days of the covered offender's current residence information. If the covered offender leaves the State and establishes a new residence in another state that has a registration requirement, the person shall register with the designated law enforcement agency in the state to which the person moves, within the period of time mandated by the new state's sex offender registration laws.
(b) If the attorney general receives notice from the Federal Bureau of Investigation that a covered offender required to be registered under this chapter or under any federal law has entered the State, the attorney general shall notify the Federal Bureau of Investigation of the offender's new residence.
(c) If the attorney general cannot verify the address of or locate a covered offender required to be registered under this chapter or under federal law, the attorney general immediately shall notify the Federal Bureau of Investigation. [L 1997, c 316, pt of §2; am L 1998, c 194, § §7, 8; am L 2003, c 62, §8; am L 2004, c 59, §4; am L 2005, c 45, §8; am L 2006, c 106, §4; am L 2013, c 64, §8]
Note
The 2013 amendment applies to any acts committed prior to, on, or after April 30, 2013. L 2013, c 64, §11.
Case Notes
As the registration requirements of chapter 846E do not interfere with any of a sex offender's protected liberty interests, the protections of procedural due process are not triggered. 97 H. 285, 36 P.3d 1255 (2001).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846E. Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information › 846E-7 Notification by the attorney general of changes in registration information.

§846E-7 Notification by the attorney general of changes in registration information.
Immediately, and in no event, not later than ten days after receiving notice of a change of registration information, the attorney general shall report the change of registration information by a covered offender required to register under this chapter to the county police department where the covered offender is residing and, in the event the covered offender changes address to another county or state, shall report such change of address to the Federal Bureau of Investigation. If the person changes residence to another state, the attorney general also shall notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement. [L 1997, c 316, pt of §2; am L 1998, c 194, §9; am L 2005, c 45, §9]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846E. Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information › 846E-8 Good faith immunity.

§846E-8
Good faith immunity.
Law enforcement agencies, employees of law enforcement agencies, and state and county officials shall be immune from liability for good faith conduct under this chapter.
[L 1997, c 316, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846E. Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information › 846E-12 Tolling.

§846E-12
Tolling.
The time periods provided for in this chapter shall be tolled during any period of time the covered offender is committed or recommitted to prison or confined to a halfway house, or an equivalent facility, pursuant to a parole or probation violation. [L 2005, c 45, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846F. Internet Crimes Against Children › 846F-2 Definitions.

§846F-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Internet crimes against children" means promoting child abuse in the first degree under section 707-750, promoting child abuse in the second degree under section 707-751, promoting child abuse in the third degree under section 707-752, electronic enticement of a child in the first degree under section 707-756, electronic enticement of a child in the second degree under section 707-757, indecent electronic display to a child under section 707-759, or promoting pornography for minors under section 712-1215. [L 2014, c 115, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846F. Internet Crimes Against Children › 846F-3 Internet crimes against children fee.

§846F-3 Internet crimes against children fee.
(a)
The court shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.
(b) When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-651.
(c) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to section 846F-4. [L 2014, c 115, pt of §2; am L 2016, c 231, §67]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846F. Internet Crimes Against Children › 846F-4 Internet crimes against children special fund; established.

§846F-4 Internet crimes against children special fund; established.
(a) There is established in the state treasury the internet crimes against children special fund, into which shall be deposited:
(1) All fees collected pursuant to section 846F-3;
(2) Moneys appropriated by the legislature to the fund;
(3) Other grants and gifts made to the fund; and
(4) Any income and capital gains earned by the fund.
(b) Moneys in the internet crimes against children special fund shall be expended by the department of the attorney general for the following purposes:
(1) To provide training and equipment for local law enforcement agencies to use in investigating and prosecuting internet crimes against children, including funding to increase the forensic capacity of digital evidence;
(2) To enable law enforcement to investigate and prosecute internet crimes against children; and
(3) To assist groups working directly to combat internet crimes against children.
(c) All unexpended and unencumbered moneys remaining in the internet crimes against children special fund at the close of each fiscal year that are deemed, by the director of finance, to be in excess of the moneys necessary to carry out the purpose of this section over the following fiscal year shall lapse to the credit of the state general fund. [L 2014, c 115, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 852. Obstruction of Ingress or Egress › 852-1 Refusal to provide ingress or egress.

§852-1 Refusal to provide ingress or egress.
(a) Whenever ingress to or egress from any public or private place is obstructed by any person or persons in such manner as not to leave a free passageway for persons and vehicles lawfully seeking to enter or leave such place, any law enforcement officer shall direct such person or persons to move so as to provide and maintain a free and unobstructed passageway for persons and vehicles lawfully going into or out of such place. It shall be unlawful for any person to refuse or wilfully fail to move as directed by such officer.
(b) As used in this section, "law enforcement officer" means any public servant, whether employed by the State or county, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether the duty extends to all offenses or is limited to a specific class of offenses. [L Sp 1949, c 9, §1; RL 1955, §297-1; HRS §754-1; ren L 1972, c 9, pt of §1; am L 2002, c 144, §1]
Case Notes
As enforcement of this section by the State focused on the location of the picketers and not on the picketing conduct itself, section not preempted by the National Labor Relations Act. 89 H. 27 (App.), 968 P.2d 194 (1998).
As section does not prohibit picketing or the communication of messages altogether, is specifically aimed at conduct causing an obstruction of ingress to or egress from public or private places, and individuals may continue to exercise rights guaranteed by the First Amendment and article I, §4 of the Hawaii constitution as long as they do not do so in a manner prohibited by this section, section not unconstitutional. 89 H. 27 (App.), 968 P.2d 194 (1998).
Section not unconstitutionally vague as: (1) a person of ordinary intelligence would have a reasonable opportunity to know that it is unlawful to refuse or wilfully fail to move as directed by an officer; (2) person may then choose between the lawful and unlawful conduct; and (3) section provides sufficiently explicit standards for those who apply it. 89 H. 27 (App.), 968 P.2d 194 (1998).
Defendant did not have a constitutional right to a jury trial for a violation of this section, refusal to provide ingress or egress while walking a labor picket line, where the maximum punishment was thirty days in jail or a $200 fine, or both, and violation was thus a petty misdemeanor under §701-107(4). 110 H. 139 (App.), 129 P.3d 1167 (2006).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 852. Obstruction of Ingress or Egress › 852-2 Penalty.

§852-2 Penalty.
Any person who refuses or wilfully fails to move as directed by such officer shall be fined not more than $200 or imprisoned not more than six months, or both. [L Sp 1949, c 9, §2; RL 1955, §297-2; HRS §754-2; ren L 1972, c 9, pt of §1]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 706-663.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 853. Criminal Procedure: Deferred Acceptance of Guilty Plea, Nolo Contendere Plea › 853-2 Plea of guilty or nolo contendere; procedure.

§853-2 Plea of guilty or nolo contendere; procedure.
Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section 853-1, or deny the motion and accept the defendant's plea of guilty or nolo contendere, or allow the defendant to withdraw the defendant's plea of guilty or nolo contendere only for good cause. [L 1976, c 154, pt of §2; am L 1983, c 290, §3; gen ch 1985]
Case Notes
Denial of withdrawal of guilty plea is not abuse of discretion. (Earlier program.) 58 H. 304, 568 P.2d 1194 (1977).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 853. Criminal Procedure: Deferred Acceptance of Guilty Plea, Nolo Contendere Plea › 853-3 Violation of terms and conditions during deferment; result.

§853-3 Violation of terms and conditions during deferment; result.
Upon violation of a term or condition set by the court for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea, the court may enter an adjudication of guilt and proceed as otherwise provided. [L 1976, c 154, pt of §2; am L 1983, c 290, §4]
Case Notes
Because a court's course of action following revocation of a deferred acceptance of guilty plea is expressly set forth in this section, no need or justification arises for resort to any other statute, such as §706-625(5). 93 H. 362, 3 P.3d 1239 (2000).
Section 706-625(5), which permits a trial court on revocation of probation to impose any sentence that might have originally been imposed at the time of conviction, does not apply to the sentencing procedure attendant to revocation of a deferred acceptance of guilty plea, which is already specifically governed by this section. 93 H. 362, 3 P.3d 1239 (2000).
No abuse of discretion where family court concluded that defendant's refusal to take polygraph examination, resulting in defendant's termination from sex offender treatment program, constituted a violation of the terms and conditions of the deferred acceptance of nolo contendere plea order, warranting that it be set aside. 92 H. 289 (App.), 990 P.2d 1171 (1999).
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 1 - ENUMERATION OF COURTS › Section 1-101 - COURTS ENUMERATED.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 1 - ENUMERATION OF COURTS › Section 1-102 - COURTS OF RECORD.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 1 - ENUMERATION OF COURTS › Section 1-103 - PROBATE, POLICE AND JUSTICE OF THE PEACE COURTS ABOLISHED — TRANSFER OF JURISDICTION.

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 [January 11, 1971] 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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 1 - ENUMERATION OF COURTS › Section 1-104 - ALL ACTIONS FILED IN DISTRICT COURT.

1-104. ALL ACTIONS FILED IN DISTRICT COURT. From and after the effective date [January 11, 1971] 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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 1 - ENUMERATION OF COURTS › Section 1-105 - CRIMINAL PROCEDURE — SUPREME COURT RULES GOVERN.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-201 - CONSTITUTION OF COURT.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-202 - JURISDICTION IN GENERAL.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-203 - ORIGINAL JURISDICTION.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-204 - APPELLATE JURISDICTION.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-205 - DISPOSITION OF APPEALS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-206 - QUORUM — ADJOURNMENTS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-207 - CONCURRENCE IN DECISIONS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-208 - TERMS AND PLACES OF HOLDING SUPREME COURT.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-209 - PLACES OF HOLDING COURT IN CASE OF EMERGENCY.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-210 - BAILIFF, CRIER AND MESSENGER — APPOINTMENT AND COMPENSATION.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-211 - EXPENSES OF SUPREME COURT OFFICERS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-212 - RULE-MAKING POWER RECOGNIZED.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-213 - DUTY TO MAKE RULES — LIMITATION.

1-213. DUTY TO MAKE RULES — LIMITATION. The Supreme Court shall prescribe, by general rules, for all the courts of Idaho, the forms of process, writs, pleadings and motions, the manner of service, time for appearance, and the practice and procedure in all actions and proceedings. Said rules shall neither abridge, enlarge nor modify the substantive rights of any litigant.
History:
[1-213, added 1941, ch. 90, sec. 2, p. 163.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-214 - ASSISTANCE IN FORMULATION OF RULES.

1-214. ASSISTANCE IN FORMULATION OF RULES. The Supreme Court is hereby authorized to appoint from among the district judges of Idaho and the members of the organized bar of Idaho such persons as it deems advisable to assist it in the formulation of such rules.
History:
[1-214, added 1941, ch. 90, sec. 3, p. 163.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 2 - SUPREME COURT › Section 1-215 - ASSIGNMENT OF JUSTICE PRO TEMPORE IN EVENT OF VACANCY, DISQUALIFICATION, DISABILITY OR ABSENCE.

1-215. ASSIGNMENT OF JUSTICE PRO TEMPORE IN EVENT OF VACANCY, DISQUALIFICATION, DISABILITY OR ABSENCE. (1) When there is a vacancy in any of the positions of justice of the supreme court, and until the vacancy is filled as provided by law, the supreme court may assign a senior justice of the supreme court, an active or senior judge of the court of appeals, an active or senior district judge, or an active or senior magistrate judge to sit in a cause before the supreme court.
(2) When a justice of the supreme court is disqualified from sitting in a cause before the supreme court or is unable to sit in such cause because of disability or absence, the supreme court may assign a senior justice of the supreme court, an active or senior judge of the court of appeals, an active or senior district judge, or an active or senior magistrate judge to sit in such cause.
(3) A senior justice of the supreme court, an active or senior judge of the court of appeals, an active or senior district judge, or an active or senior magistrate judge assigned pursuant to this section shall exercise all of the powers of a justice of the supreme court as to the cause upon which he or she is assigned to sit.
History:
[1-215, added 2008, ch. 34, sec. 1, p. 66.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 3 - COMMISSIONERS FOR THE SUPREME COURT › Section 1-301 - APPOINTMENT FROM DISTRICT JUDGES — DUTIES — COMPENSATION AND EXPENSES — REMOVAL — VACANCIES — OATH.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 3 - COMMISSIONERS FOR THE SUPREME COURT › Section 1-302 - DISTRICT JUDGE — DIRECTION TO SERVE IN ANOTHER DISTRICT.

1-302. DISTRICT JUDGE — DIRECTION TO SERVE IN ANOTHER DISTRICT. In order not to interrupt or delay the expeditious transaction and disposition of district court business in the several counties or judicial districts on account of the establishment of such Supreme Court commission, or whenever it is deemed necessary to expedite the court business of any judicial district, it shall be within the province and power of the Supreme Court, on application of any district judge, or of its own motion, to direct any district judge in the state to serve for a stated period, or for specific purposes in any county or district other than that for which he shall have been elected or appointed.
History:
[(1-302) 1923, ch. 11, sec. 2, p. 12; I.C.A., sec. 1-302.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 3 - COMMISSIONERS FOR THE SUPREME COURT › Section 1-303 - SESSIONS OF COMMISSION — SELECTION OF PERSONNEL.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-402 - FEES.

1-402. FEES. The clerk of the supreme court shall charge, demand and receive the following fees for services rendered in discharging the duties imposed upon him by law:
For filing an appeal in each civil case appealed to the supreme court, sixty-eight dollars ($68.00), to be paid by appellant or cross-appellant, such fee to be in full for all services rendered or to be rendered in filing papers, entering orders or judgments, recording opinion, issuing process and sending down remittitur, unless after the decision of the court has been rendered a petition for rehearing be presented, when a fee of sixty-one dollars ($61.00) shall be paid by the petitioner for filing such petition; for filing an application for any writ commencing an original action in said court, other than writs in habeas corpus or criminal proceedings, sixty-six dollars ($66.00), to be paid by the party presenting the application, in full for all services rendered or to be rendered, as hereinbefore designated, unless after the decision of the court a petition for rehearing be presented, when a fee of sixty-one dollars ($61.00) shall be paid by the petitioner for filing such petition, for each certificate given at request, and under seal, two dollars and fifty cents ($2.50); for copy of record, opinion of the court or other paper, an amount to be set by order of the supreme court, but an amount not less than the actual cost of preparing the copy; providing, that one (1) copy of every opinion or decision of the court shall be forthwith mailed to each litigant or his counsel in the suit or proceeding free of charge; for certificate of admission as an attorney including seal, oath and order, four dollars ($4.00); for administering oaths or affirmations, including jurat, two dollars and twenty-five cents ($2.25); for taking an acknowledgment or proof of a deed or other instrument, including seal and writing of the certificate, two dollars and fifty cents ($2.50).
History:
[(1-402) 1863, p. 475, sec. 103; R.S., sec. 262; R.C., sec. 213; am. 1917, ch. 18, sec. 1, p. 46; reen. C.L., sec. 213; C.S., sec. 190; I.C.A., sec. 1-402; am. 1941, ch. 151, sec. 1, p. 305; am. 1967, ch. 102, sec. 1, p. 211; am. 1981, ch. 238, sec. 2, p. 481; am. 1985, ch. 28, sec. 2, p. 51; am. 1988, ch. 24, sec. 1, p. 27; am. 1993, ch. 196, sec. 1, p. 535; am. 1996, ch. 256, sec. 1, p. 837.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-403 - FILING PAPERS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-404 - RESPONSIBILITY FOR BOOKS AND PAPERS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-405 - AUTHORITY TO ADMINISTER OATHS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-406 - PROHIBITIONS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-407 - AUTHORITY TO TAKE ACKNOWLEDGMENTS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 4 - CLERK OF THE SUPREME COURT › Section 1-408 - OFFICIAL BOND.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 5 - SUPREME COURT REPORTER › Section 1-501 - CLERK TO BE EX OFFICIO REPORTER.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 5 - SUPREME COURT REPORTER › Section 1-502 - DECISIONS TO BE REPORTED.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 5 - SUPREME COURT REPORTER › Section 1-503 - PREPARATION OF DECISIONS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 5 - SUPREME COURT REPORTER › Section 1-504 - NAME AND ARRANGEMENT OF REPORTS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 5 - SUPREME COURT REPORTER › Section 1-506 - CONTRACT TO PRINT REPORTS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 5 - SUPREME COURT REPORTER › Section 1-508 - RECEIPT TO PRINTER — RECORD AND RECEIPT FOR REPORTS DISTRIBUTED.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 6 - OTHER COURT OFFICERS — COORDINATOR OF COURTS › Section 1-601 - REFERENCE TO CODE PROVISIONS CONCERNING OTHER COURT OFFICERS.

1-601. REFERENCE TO CODE PROVISIONS CONCERNING OTHER COURT OFFICERS. Other officers of courts are the clerks of the district courts; stenographic reports [reporters], 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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 6 - OTHER COURT OFFICERS — COORDINATOR OF COURTS › Section 1-611 - ADMINISTRATIVE DIRECTOR OF COURTS — APPOINTMENT BY SUPREME COURT — TERM — COMPENSATION.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 6 - OTHER COURT OFFICERS — COORDINATOR OF COURTS › Section 1-612 - DUTIES OF ADMINISTRATIVE DIRECTOR.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 6 - OTHER COURT OFFICERS — COORDINATOR OF COURTS › Section 1-613 - JUDICIAL ASSISTANCE NEEDED IN GIVEN DISTRICT — ASSIGNMENT OF JUDGE.

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.]