Title 1 — COURTS AND COURT OFFICIALS

1-2009. Benefit to surviving spouse of justice or judge. The legislature hereby finds and declares that the payment of allowances to the surviving spouses of justices of the supreme court, judges of the court of appeals and district judges of the district court of the state of Id…

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 aggr…

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…

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…

1-2101. Judicial council — Creation — Membership — Appointments — Vacancies. (1) There is hereby created a judicial council that shall consist of nine (9) members. There shall be four (4) attorney members, one (1) of whom shall be a district judge, one (1) of whom shall be a magi…

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 tha…

1-2103. Removal, disciplining, or retirement of judges or justices — Procedure. A justice of the Supreme Court or judge of any district court, in accordance with the procedure prescribed in this section, may be disciplined or removed for wilful misconduct in office or wilful and …

1-2103A. Removal, disciplining, or retirement of magistrates. A magistrate of the district court, in accordance with the procedure prescribed in this section, may be disciplined or removed for wilful misconduct in office or wilful and persistent failure to perform his duties or h…

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.

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.

1-2202. "Magistrate" defined. As used in this act "magistrate" means a magistrate of the district court appointed under authority of this act.

1-2203. District magistrates commission — creation — Members — appointment — qualifications. (1) There is hereby established in each judicial district of the state of Idaho a district magistrates commission to be known as the "district magistrates commission of the …. judicial di…

1-2203A. district magistrates commission — terms. (1) Except as otherwise provided in this subsection, the mayors shall serve terms on the commission of five (5) years and may succeed themselves, provided that their terms will end when they cease to hold the office that entitles …

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…

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…

1-2205. District magistrates commission — Powers and duties. (1) The district magistrates commission shall have the following powers and duties: (a) To determine the number and location of magistrate judges to be appointed within the judicial district, subject to appropriations b…

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 …

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 m…

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…

1-2209. Magistrates — Administrative assignments. Magistrates may be assigned internal administrative functions of the court.

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 …

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…

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…

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 …

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 attack merely because rendered pursuant to improper assign…

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 t…

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.

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 …

1-2219. Magistrates — Salaries and travel expenses. The state shall provide for the salaries and travel expenses of the magistrates of the district court.

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) …

1-2221. Senior judge — Assignment — Duties and powers — Compensation and expenses — Qualifications and oath. (1) A magistrate judge who leaves office or retires from the magistrates division of a district court, except a magistrate judge retired under the provisions of section 59…

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…

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 31-3201…

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 fo…

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…

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.

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 defenda…

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 proce…

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,…

1-2306. Actions by or against state or local government officials or agencies. (1) Except as specifically provided in this subsection, the state of Idaho, any state agency, any political subdivision of the state of Idaho, city, county, taxing district, or public corporation, alon…

1-2307. Attorneys at law — Collection agencies — Witnesses and evidence — Judgment. It shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf, themselves and witnesses appearing at suc…

1-2309. Other formal pleadings not necessary — Speedy trial — Restriction on executory writs. No formal pleading other than the said claim and notice shall be necessary to define the issue between the parties, and the hearing and disposition of all such actions shall be informal …

1-2310. Judgment against defendant. If the judgment or order shall be against the defendant, it shall be his duty to pay the same forthwith or execution may ensue as in other cases. On and after sixty (60) days from the date judgment is rendered, the plaintiff shall be entitled t…

1-2311. Appeal to lawyer magistrate. If either party is dissatisfied, he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment; and if the final judgment is rendered against him …

1-2312. Form for appeal — Filing and disposition. An appeal from the small claims department may be in the following terms: In the Magistrate’s Division of the District Court for …. County, Idaho, …. Plaintiff, vs. …., Defendant. Comes now …., resident of …. County, Idaho and app…

1-2313. Judgment — Entry on docket — Enforcement. If no appeal is taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the magistrate before whom such hearing was had, may, on application of the plaintiff, certify such …

1-2314. Separate docket for small claims department. Each magistrate shall keep a separate docket for the small claims department of his division in which he shall make a permanent record of all proceedings, orders and judgments had and made in such small claims department.

1-2315. Jury trial not allowed. No party may have his cause heard before a jury in the small claims department of the magistrate’s division of the district court.

1-2401. Short title. This act shall be know and may be cited as the "Idaho Court of Appeals Act."

1-2402. Statement of intent. It is hereby declared that the purpose of this act is to create an appellate court subordinate to the Idaho supreme court, to be known as the Idaho court of appeals.