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Judicial Selection and Election The Idaho Supreme Court The Supreme Court is the state’s court of last resort. The Court hears
appeals of final decisions of the District Courts, as well as orders
of the Public Utilities Commission and the Industrial Commission.
It has original jurisdiction to hear claims against the state, and to
issue writs of review, mandamus, prohibition and habeas corpus,
and all writs necessary for complete exercise of its appellate
jurisdiction. The Court may also review decisions of the Court of
Appeals, upon petition of the parties or upon its own motion. See Idaho Constitution, Article V, Section 9 and Idaho Code § 1-2409. When there is a vacancy during the term of office, the Idaho Judicial
Council advertises to all attorneys licensed to practice law in the state
of Idaho the existence of the vacancy and solicits applications for the
position. After the applications are received, a survey is circulated
to all members of the Bar, soliciting their opinions about the
applicants. Notice is also given to the public, inviting them to
comment on the applicants as well. The results of the survey are
compiled and are used by members of the Judicial Council when
they interview the candidates. The Judicial Council considers the
integrity and moral courage of the candidates, legal ability and
experience, wisdom, intelligence, capacity to be fair-minded and
deliberate, industriousness and promptness in performing duties,
compatibility of personal habits and outside activities with judicial
offices, capacity to be courteous and considerate on the bench, and
legal research and writing abilities. At the conclusion of the interview
process, the Judicial Council submits the names of not less than two
or more than four qualified persons to the Governor. The Governor
then appoints the justice to fill the remainder of the elected term.
Thereafter, the appointed justices stand for popular election on a
non-partisan ballot. See Idaho Code § 1-2102. A qualified lawyer may challenge a sitting justice at election time. Elections for justices are held during the May primary election. The Canons of Judicial Ethics guide judges and candidates during elections. Canon 5 of the “Idaho Code of Judicial Conduct” requires that a judge or judicial candidate refrain from inappropriate political activity, maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary. The Canon also requires candidates for judicial office to encourage members of the candidate’s family to adhere to the same standards of political conduct in support of the candidate as applied to the candidate. No judges or candidates for judicial office shall make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office. They cannot make statements that commit or appear to commit the candidate with respect to cases, controversies, or issues that are likely to come before the Court, nor can they knowingly misrepresent the identity, qualifications, present position or facts concerning the candidate or an appointment. As a corollary, a candidate should emphasize in any public statements the duty to uphold the law, regardless of his or her personal views. A candidate may not personally solicit campaign contributions. A campaign committee, acting on the candidate's behalf, may solicit and obtain contributions, but the candidate must avoid obtaining the names of the contributors. See the “Idaho Code of Judicial Conduct” for more information regarding the Code of Conduct and its application to candidates seeking appointment to judicial office. See Idaho Code § 34-615. Idaho State Bar Survey in Contested Judicial Elections Administered by the Idaho State Bar, the survey is sent to the voting
members of the Idaho State Bar, asking for input based on each
member’s personal knowledge and/or professional experience with
the candidates. The survey and the results are anonymous, and
evaluate the candidates based upon integrity and independence;
knowledge and understanding of the law; judicial temperament and
demeanor; and legal ability and experience. The Idaho State Bar provides the survey results to the public to help
them make informed decisions about the judicial candidates running
for a contested judicial position. The Idaho State Bar does not
interpret or express any opinion about the results of the survey.
For further information please contact Jeanne S. Barker,
Communications Director, (208) 334-4500. To read a media advisory and see an example of the survey
information from May 2008, please see the Judicial Survey Results. The Idaho Court of Appeals The Court of Appeals has jurisdiction to hear all cases assigned to it
by the Supreme Court. However, the Supreme Court may not assign
cases involving claims against any state, extraordinary writs, appeals
from the imposition of capital punishment nor appeals from the
Industrial Commission or Public Utilities Commission. While an
appellant may petition the Supreme Court to rehear a Court of
Appeals decision, the Supreme Court is not required to grant such
a petition. District Judges District judges have jurisdiction over civil and criminal cases. They decide cases involving the most serious criminal cases (felonies), and typically hear civil cases where the amount of money in dispute exceeds $10,000. Civil damage actions usually involve personal injury such as automobile negligence cases and contractual disputes between parties. District judges also hear post-conviction relief actions in which a defendant is challenging his or her conviction or incarceration. District judges also hear appeals of decisions made by magistrate judges. Magistrate Judges Magistrate judges hear less serious criminal matters known as
misdemeanors, and can handle civil cases where the amount of
money involved does not exceed $10,000. Magistrate judges also
hold preliminary hearings to determine whether to bind over and
send a defendant to District Court for trial on a felony charge.
Magistrate judges may also issue warrants of arrest and search
warrants. Magistrate judges hear habeas corpus proceedings,
probate cases (wills and estates), Juvenile Correction Act cases and
domestic relations cases (such as divorce, child support and child
custody). Magistrate judges also hear small claims cases where less
than $5,000 is in controversy. These cases are heard informally
without attorneys being present, or without the involvement of juries. Senior Judges
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