reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2004 - DEDUCTIONS FROM SALARIES OF JUSTICES AND JUDGES — CONTRIBUTIONS TO FUND.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2004B - EMPLOYEE CONTRIBUTIONS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2006 - APPLICATION OF ACT.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2008 - INVESTMENT OF JUDGES’ RETIREMENT FUND.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2010 - DEATH BENEFIT.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2011 - ELECTION TO CONTINUE PARTICIPATION IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 20 - JUDGES’ RETIREMENT AND COMPENSATION › Section 1-2012 - RULES AND ADMINISTRATIVE POLICIES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 21 - JUDICIAL COUNCIL › Section 1-2102 - DUTIES OF COUNCIL.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 21 - JUDICIAL COUNCIL › Section 1-2104 - HONORARIA AND EXPENSES OF MEMBERS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2201 - MAGISTRATE DIVISION OF DISTRICT COURT — ESTABLISHED.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2202 - “MAGISTRATE” DEFINED.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2203B - DISTRICT MAGISTRATES COMMISSION — VACANCIES — TEMPORARY VACANCIES — TEMPORARY MEMBERS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2204 - DISTRICT MAGISTRATES COMMISSION — MEETINGS — QUORUM — OFFICERS — RULES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2206 - MAGISTRATES — QUALIFICATIONS — INSTITUTE — EXCEPTIONS — OFFICE APPOINTIVE.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2207 - MAGISTRATES — TERM — REMOVAL — VACANCIES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2208 - ASSIGNMENT OF CASES TO MAGISTRATES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2209 - MAGISTRATES — ADMINISTRATIVE ASSIGNMENTS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2210 - ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS.

1-2210. ASSIGNMENTS RESTRICTED TO MAGISTRATES WHO ARE ATTORNEYS. (1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys:
(a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act;
(b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors;
(c) All proceedings involving the custody of minors and all habeas corpus proceedings;
(d) Proceedings for divorce, separate maintenance or annulment; and
(e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver.
(2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.
History:
[1-2210, added 1969, ch. 104, sec. 10, p. 353; am. 1972, ch. 36, sec. 2, p. 55; am. 1972, ch. 313, sec. 1, p. 775; am. 1981, ch. 180, sec. 2, p. 316; am. 1992, ch. 74, sec. 2, p. 211; am. 2000, ch. 250, sec. 2, p. 704; am. 2002, ch. 95, sec. 1, p. 263; am. 2006, ch. 263, sec. 2, p. 816.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2211 - JURY TRIALS — SIX-MAN JURIES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2212 - RECORD OF PROCEEDINGS — REQUEST FOR STENOGRAPHIC REPORTING — COSTS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2213 - APPEALS — POWERS OF DISTRICT JUDGE.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2214 - OBJECTIONS TO ASSIGNMENT — WAIVER.

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 [collateral] attack merely because rendered pursuant to improper assignment to a magistrate.
History:
[1-2214, added 1969, ch. 104, sec. 14, p. 353.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2215 - ALLOCATION OF APPROPRIATION.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2216 - MAGISTRATES PRACTICING LAW.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2217 - FACILITIES AND EQUIPMENT PROVIDED BY COUNTY.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2219 - MAGISTRATES — SALARIES AND TRAVEL EXPENSES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2220 - RETENTION OR NONRETENTION OF MAGISTRATE BY VOTE.

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, not less than ninety (90) days prior to the holding of the general election next preceding the expiration of his term of office, 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 until two (2) years following the expiration of his last term of office have expired. 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 until two (2) years following the expiration of his last term of office have expired.
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:
[I.C., sec. 1-2220, as added by 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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2223 - MAGISTRATE JUDGES HANDLING JUVENILE DELINQUENCY CASES.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 22 - MAGISTRATE DIVISION OF THE DISTRICT COURT › Section 1-2224 - SENIOR MAGISTRATE JUDGES FUND.

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) 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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION › Section 1-2301 - SMALL CLAIMS DEPARTMENT — CREATION — SCOPE OF CLAIMS — VENUE.

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 five thousand dollars ($5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($5,000); 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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION › Section 1-2301A - DRAWING CHECK WITHOUT FUNDS OR INSUFFICIENT FUNDS — CIVIL LIABILITY.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION › Section 1-2302 - COMMENCEMENT OF ACTIONS.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION › Section 1-2303 - FILING OF CLAIM — DEFAULT.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION › Section 1-2304 - SERVICE OF PROCESS — SERVICE BY MAIL.

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.]
2023 Idaho Code › Title 1 - COURTS AND COURT OFFICIALS › Chapter 23 - SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION › Section 1-2305 - CONTENTS OF CLAIM.

1-2305. CONTENTS OF CLAIM. The claim shall contain the name of the plaintiff and the name of the defendant, followed by a statement, in brief and concise form, of the nature and amount of the claim and the time the claim accrued, and shall also state the address of the defendant, if known to the plaintiff.
History:
[1-2305, added 1969, ch. 103, sec. 5, p. 348; am. 2000, ch. 250, sec. 7, p. 706.]