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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 candidate for
justice must be a qualified elector and a duly qualified attorney-at-law.
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 Accident 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 and 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
other facts concerning the candidate or an appointment. As a corollary,
a candidate should emphasis in any public statements the duty to
uphold the law, regardless of his or her personal views. 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.
The Idaho Court
of Appeals
The Court of Appeals has three judges. 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 three 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 41 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 their 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
relation cases (such as divorce, child support and child custody).
Magistrate Judges also hear small claims cases where less than
$4,000 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 had additional flexibility in managing caseload increases
in a cost effective manner.
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