Article V — Judicial Department
26 sections · 0 paragraphs in this article.
Idaho Const. art. V, § 1 Forms Of Action Abolished.
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The distinctions between actions at law and suits in equity, and the forms of all such actions and suits, are hereby prohibited; and there shall be in this state but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which sha…
Idaho Const. art. V, § 2 Judicial Power — Where Vested.
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The judicial power of the state shall be vested in a court for the trial of impeachments, a Supreme Court, district courts, and such other courts inferior to the Supreme Court as established by the legislature. The courts shall constitute a unified and integrated judicial system …
Idaho Const. art. V, § 3 Impeachments — Where And How Tried.
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The court for the trial of impeachments shall be the senate. A majority of the members elected shall be necessary to a quorum, and the judgment shall not extend beyond removal from, and disqualification to hold office in this state; but the party shall be liable to indictment and…
Idaho Const. art. V, § 4 Impeachments — Where And How Tried — Conviction — Impeachment Of Governor.
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The house of representatives solely shall have the power of impeachment. No person shall be convicted without the concurrence of two-thirds of the senators elected. When the governor is impeached, the chief justice shall preside.
Idaho Const. art. V, § 5 Treason Defined And Limited.
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Treason against the state shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction o…
Idaho Const. art. V, § 6 Supreme Court — Number Of Justices — Term Of Office — Calling Of District Judge To Sit With Court.
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The Supreme Court shall consist of five justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. If a justice of the Supreme Court shall be disqualified from sitting in a cause before said court, or be unable to sit therein, by reason of illness o…
Idaho Const. art. V, § 7 Justices Prohibited From Holding Other Offices.
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No justice of the Supreme Court shall be eligible to any other office of trust or profit under the laws of this state during the term for which he was elected.
Idaho Const. art. V, § 8 Terms Of Supreme Court.
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At least four terms of the Supreme Court shall be held annually; two terms at the seat of state government, and two terms at the city of Lewiston, in Nez Perce county. In case of epidemic, pestilence, or destruction of court houses, the justices may hold the terms of the Supreme …
Idaho Const. art. V, § 9 Original And Appellate Jurisdiction Of Supreme Court.
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The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public utilities commission, any order of the industrial accident board, and any plan proposed by the commission for reapportionment crea…
Idaho Const. art. V, § 10 Jurisdiction Over Claims Against The State.
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The Supreme Court shall have original jurisdiction to hear claims against the state, but its decision shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the legislature for its action.
Idaho Const. art. V, § 11 District Courts — Judges And Terms.
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The state shall be divided into five judicial districts, for each of which a judge shall be chosen by the qualified electors thereof, whose term of office shall be four years. And there shall be held a district court in each county, at least twice in each year, to continue for su…
Idaho Const. art. V, § 12 Residence Of Judges — Holding Court Out Of District — Service By Retired Justices And Judges.
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Every judge of the district court shall reside in the district for which he is elected. A judge of any district court, or any retired justice of the Supreme Court or any retired district judge, may hold a district court in any county at the request of the judge of the district co…
Idaho Const. art. V, § 13 Power Of Legislature Respecting Courts.
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The legislature shall have no power to deprive the judicial department of any power or jurisdiction which rightly pertains to it as a coordinate department of the government; but the legislature shall provide a proper system of appeals, and regulate by law, when necessary, the me…
Idaho Const. art. V, § 14 Special Courts In Cities And Towns.
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The legislature may provide for the establishment of special courts for the trial of misdemeanors in incorporated cities and towns, where the same may be necessary.
Idaho Const. art. V, § 15 Clerk Of Supreme Court.
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The clerk of the Supreme Court shall be appointed by the court, and shall hold his office during the pleasure of the court. He shall receive such compensation for his services as may be provided by law.
Idaho Const. art. V, § 16 Clerks Of District Courts — Election — Term Of Office.
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A clerk of the district court for each county shall be elected by the qualified voters thereof at the time and in the manner prescribed by law for the election of members of the legislature, and shall hold his office for the term of four years.
Idaho Const. art. V, § 17 Salaries Of Justices And Judges.
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The salary of the justices of the Supreme Court, the salary of judges of the court of appeals, the salary of the judges of the district court and the salary of magistrate judges shall be as provided by statute, and no justice of the Supreme Court, judge of the court of appeals, j…
Idaho Const. art. V, § 18 Prosecuting Attorneys — Term Of Office — Qualifications.
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A prosecuting attorney shall be elected for each organized county in the state, by the qualified electors of such county, and shall hold office for the term of two years, and commencing with the general election in 1984 shall hold office for the term of four years, and shall perf…
Idaho Const. art. V, § 19 Vacancies — How Filled.
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All vacancies occurring in the offices provided for by this article of the Constitution shall be filled as provided by law.
Idaho Const. art. V, § 20 Jurisdiction Of District Court.
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The district court shall have original jurisdiction in all cases, both at law and in equity, and such appellate jurisdiction as may be conferred by law.
Idaho Const. art. V, § 23 Qualifications Of District Judges.
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No person shall be eligible to the office of district judge unless he be learned in the law, thirty years of age, and a citizen of the United States, and shall have resided in the state or territory at least two years next preceding his election, nor unless he shall have been at …
Idaho Const. art. V, § 24 Judicial Districts Enumerated.
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Until otherwise provided by law, the judicial districts shall be five in number, and constituted of the following counties, viz: First District–Shoshone and Kootenai. Second District–Latch, Nez Perce, and Idaho. Third District–Washington, Ada, Boise, and Owyhee. Fourth District–C…
Idaho Const. art. V, § 25 Defects In Law To Be Reported By Judges.
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The judges of the district courts shall, on or before the first day of July in each year, report in writing to the justices of the Supreme Court, such defects or omissions in the laws as their knowledge and experience may suggest, and the justices of the Supreme Court shall, on o…
Idaho Const. art. V, § 26 Court Procedure To Be General And Uniform.
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All laws relating to courts shall be general and of uniform operation throughout the state, and the organized judicial powers, proceedings, and practices of all the courts of the same class or grade, so far as regulated by law, and the force and effect of the proceedings, judgmen…
Idaho Const. art. V, § 27 Change In Compensation Of Officers.
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The legislature may by law diminish or increase the compensation of any or all of the following officers, to wit: governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general, superintendent of public instruction, justices of the Supreme …
Idaho Const. art. V, § 28 Removal Of Judicial Officers.
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Provisions for the retirement, discipline and removal from office of justices and judges shall be as provided by law.