Judicial Selection and Election

The Idaho Supreme Court
Five justices serve on the Supreme Court. They are elected at large, on a nonpartisan ballot, for a term of six years with their terms being staggered so continuity on the Court will be maintained. A Supreme Court Justice must be a qualified elector, at least 30 years of age, who has resided in Idaho for at least two years preceding his or her election and been admitted to the practice of law for at least ten years. See Idaho Constitution, Article V, Section 6, Idaho Constitution, Article V, Section 7, Idaho Revised Code § 34-905 and Idaho Code § 34-615(2).

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
The Idaho State Bar and its Committee on Judicial Integrity and Judicial Independence agreed that Surveys of Judicial Candidate Qualifications are useful to inform the public about judicial candidates in contested elections (when there is more than one candidate per position).

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 currently has three judges. Effective January 1, 2009, the Court of Appeals will add a fourth judge and cases will then be heard by three-judge panels. They too are elected at large, on a non-partisan ballot, for a term of six years, staggered to provide continuity. The description of the election and selection process for Supreme Court Justices also applies to the judges of the Court of Appeals. See Idaho Code § 1-2404.

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
Idaho has 42 District Court judges, who sit in the 44 counties. They are Idaho attorneys, elected by nonpartisan ballot within the judicial district in which they serve. A District Court judge is elected for a four-year term by the electorate of the judicial district in which the judge serves. District judges stand for election within their judicial districts. A qualified lawyer may challenge a district judge during the May primary election, on a non-partisan, contested ballot. If a vacancy occurs, the same selection procedures described above apply.

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
Idaho has 87 magistrate judges, with at least one judge resident within each county. See Idaho Code § 1-2201. A District Magistrates Commission exists in each judicial district, comprised of county commissioners, mayor, citizens, lawyers, a magistrate judge in a non-voting capacity, and chaired by the administrative district judge. To fill a vacancy, the District Magistrates Commission interviews eligible applicants and makes an appointment to an initial 18-month term of office. A qualifications questionnaire is mailed to all attorneys, with evaluations compiled for use by the District Magistrates Commission. Just prior to the conclusion of the first 18-months, the Magistrates Commission evaluates the performance of the new magistrate judge and may determine that the judge has successfully completed the probationary period, or they may extend the probationary period, and/or can remove the magistrate judge from office. Magistrate judges stand for a retention election every four years on a non-partisan judicial ballot, where the registered voters are asked whether they wish to retain the magistrate judge in office, or not.

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
Senior judges are those who have retired from full-time work. They provide an important service to the state’s judicial branch by continuing to make themselves available to hear cases on an as needed basis. By employing senior judges, the state court system has additional flexibility in managing caseload increases in a cost effective manner.