Title 1 — COURTS AND COURT OFFICIALS

1-802. First district — Number of judges — Resident chambers. (1) The first judicial district shall consist of the counties of Boundary, Bonner, Kootenai, Shoshone, and Benewah. (2) The first judicial district shall have eight (8) district judges. (3) Resident chambers of the dis…

1-803. Second district — Number of judges — Resident chambers. (1) The second judicial district shall consist of the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho. (2) The second judicial district shall have four (4) district judges. (3) Resident chambers of the distr…

1-804. Third district — Number of judges — Resident chambers. (1) The third judicial district shall consist of the counties of Adams, Washington, Payette, Gem, Canyon and Owyhee. (2) The third judicial district shall have eight (8) district judges. (3) Resident chambers of the di…

1-805. Fourth district — Number of judges — Resident chambers. (1) The fourth judicial district shall consist of the counties of Valley, Boise, Ada and Elmore. (2) The fourth judicial district shall have thirteen (13) district judges. (3) Resident chambers of the district judges …

1-806. Fifth district — Number of judges — Resident chambers. (1) The fifth judicial district shall consist of the counties of Blaine, Camas, Gooding, Lincoln, Jerome, Minidoka, Cassia and Twin Falls. (2) The fifth judicial district shall have seven (7) district judges. (3) Resid…

1-807. Sixth district — Number of judges — Resident chambers. (1) The sixth judicial district shall consist of the counties of Power, Bannock, Caribou, Bear Lake, Franklin and Oneida. (2) The sixth judicial district shall have four (4) district judges. (3) Resident chambers of th…

1-808. Seventh district — Number of judges — Resident chambers. (1) The seventh judicial district shall consist of the counties of Lemhi, Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham. (2) The seventh judicial district shall have seven (7) distr…

1-809. Residence requirement of judges. District judges shall actually reside at the place designated as resident chambers.

1-905. Vacancy in office — Absence or disability of judge — Jurisdiction of other judges. In case of a vacancy in the office of any district judge, or in his absence from the judicial district or state, or his sickness or inability to act from any cause, motions may be made befor…

1-907. Administrative judge — Administrative powers and duties. The administrative judge or acting administrative judge in each judicial district, subject to the rules of the supreme court, shall have administrative supervision and authority over the operation of the district cou…

1-1001. Duties of clerk. The clerk of the district court must perform such duties as are prescribed in the Code of Civil Procedure and in the Penal Code, and such duties as may be required of him by the rules and practice of the court.

1-1002. Attendance on court — Deputy must act in clerk’s name. The clerk must in person or by deputy attend every term of the district court held in his county. All acts done and process issued by the deputy must be in the name of his principal.

1-1003. Liability for neglect or omission. For any wrongful act or omission to perform any duty imposed by law, by himself or his deputy, the clerk is liable on his official bond to any person injured.

1-1101. Stenographic reporter — Appointment and qualifications. There shall be appointed within and for each of the judicial districts of this state, by each district judge, a stenographic reporter who shall be well skilled in the art of stenography and capable of reporting the o…

1-1102. Oath, bond, salary and expenses — Cost of living adjustments. (1) Said reporter shall take the oath required to be taken by the judicial officers; and be bonded to the state of Idaho in the form and manner prescribed by chapter 8, title 59, Idaho Code; and hold office dur…

1-1103. Recording of testimony — Waiver. The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, except the supreme court, by rule, may designate proceedings and testimony in said court that may…

1-1104. Filing stenographic records and reports. The reporter shall file the stenographic records and reports made by him with the clerk of the district court of the county in which such report was taken and was tried.

1-1105. Copy of record — Effect — Charge for furnishing. (1) It shall be the duty of each reporter to furnish, upon order of the court entered upon written application being made therefor by any attorney of record in a suit, or any party to a suit, in which a stenographic record …

1-1106. Delivery of copy. It shall be the duty of the reporter to deliver said copy within thirty days after being requested.

1-1108. Deputy and assistants — Appointment, duties and compensation. When owing to the absence, vacation leave, sickness or other disability of the regular reporter, or when the business of the court demands it, the court may appoint a substitute or deputy court reporter to act …

1-1109. Temporary court reporter for retired judge holding court. Should any retired district judge or justice of the Supreme Court hold district court in any county at the request of the district court thereof, or of the governor, or of the chief justice, and when any such reque…

1-1603. Powers of court. Every court has power: 1. To preserve and enforce order in its immediate presence. 2. To enforce order in the proceedings before it or before a person or persons empowered to conduct a judicial investigation under its authority. 3. To provide for the orde…

1-1606. Courts — Days when held. The courts of justice may be held and judicial business be transacted on any day except as provided in the next section.

1-1607. Nonjudicial days. No court can be opened nor can any judicial business be transacted on any day enumerated in section 73-108, Idaho Code, or on every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or…

1-1613. Facilities and equipment provided by county. Each county in the state shall provide suitable and adequate facilities for the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for …

1-1613A. County employees performing functions of the district court under court control — Liability. (1) For the purposes of the Idaho tort claims act, as set forth in sections 6-901 et seq., Idaho Code, any county official or employee, including any elected or appointed county …

1-1614. Courts having seals. Each of the following courts has a seal: 1. The Supreme Court. 2. The district courts. 3. The magistrate’s division of the district courts.

1-1615. Clerk must keep seal. The clerk of the court must keep the seal thereof.

1-1616. Instruments requiring seal of court. The seal of the court need not be affixed to any proceeding therein, or document except: 1. To a writ. 2. To the certificate of the probate of a will, or of the appointment of an executor, administrator or guardian. 3. To the authentic…

1-1622. Incidental means to exercise jurisdiction. When jurisdiction is, by this code, or by any other statute, conferred on a court or judicial officer all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction if the course of procee…

1-1623. court technology fund — annual report. (1) There is hereby created in the office of the state treasurer the court technology fund. Moneys deposited into the fund pursuant to sections 1-2303, 1-2311, 10-1305, 31-3201, 31-3201A, 31-3201H and 31-3221, Idaho Code, upon approp…

1-1624. Set-off procedure for delinquent debts owed to the courts. (1) The purpose of this legislation is to enable the Idaho supreme court, as the supervisor of the unified and integrated judicial system of this state, to apply for a set-off of state tax refunds and credits owin…

1-1625. Drug court, mental health court and family court services fund. There is hereby created in the office of the state treasurer a special fund to be known as the drug court, mental health court and family court services fund. Moneys deposited into the fund pursuant to sectio…

1-1802. Judge cannot act as attorney. A judge cannot act as attorney or counsel in a court in which he is judge, or in an action or proceeding removed therefrom to another court for trial or review, or in an action or proceeding from which an appeal may lie to his own court.

1-1803. Supreme and district judges. A justice of the Supreme Court or judge of the district court cannot act as attorney or counsel in any court, except in an action or proceeding to which he is a party on the record.

1-1804. Judge not to have law partner. No judge or other judicial officer shall have a partner acting as attorney or counsel in any court of this state.

1-1901. Powers of judicial officers. Every judicial officer has power: 1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engaged in the performance of an official duty. 2. To compel obedience to his lawful orders, as provide…

1-1902. Judicial officer may punish for contempt. For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt, in the cases provided in this code.

1-1903. Judges may take acknowledgments, affidavits and depositions. The justices of the Supreme Court, the judges of the district courts and the magistrates of the district courts have the power in any part of the state to take and certify: 1. The proof and acknowledgment of a c…

1-2001. Supreme court justices, court of appeals judges and district judges — Age of retirement — Compensation on retirement. (1)(a) Every person who served as a justice of the supreme court or judge of the court of appeals or district judge of the district court and who was rece…

1-2001a. Judges already retired — Retirement compensation — Act to operate prospectively. Every person eligible for retirement compensation who has served as justice of the Supreme Court or judge of the district court who has retired or resigned before the effective date July 1, …

1-2001b. Conversion of retirement compensation into optional retirement allowances — Form of optional retirement. (1) The retirement compensation of a justice or judge who, at the time of retirement, so elects shall be converted into an optional retirement allowance which is the …

1-2002. Judges’ retirement fund — powers and duties of the retirement board — indemnification. (1) For the purpose of paying such retirement compensation, there is hereby created in the office of the treasurer of the state of Idaho a fund to be known as the "Judges’ Retirement Fu…

1-2003. Additional fees in civil actions and appeals. (1) In addition to the fees and charges to be collected by the clerks of the district courts of the state and by other persons authorized by rule or administrative order of the supreme court as now or hereafter provided by law…

1-2004. Deductions from salaries of justices and judges — Contributions to fund. (1) The state controller shall deduct from the monthly compensation of each justice and judge now holding office, and from the monthly compensation of each person who shall thereafter assume by elect…

1-2004A. EMPLOYER CONTRIBUTIONS — AMOUNTS — RATES — AMORTIZATION. (1) The amount of the employer contributions shall consist of the sum of a percentage of the salaries of active members to be known as the "normal cost" and a percentage of such salaries to be known as the "amortiz…

1-2004B. EMPLOYEE CONTRIBUTIONS. The contribution for a justice, judge of the court of appeals or district judge shall be eighteen and five-tenths percent (18.5%) of the employer contribution rate determined pursuant to section 1-2004A, Idaho Code, and rounded to the nearest one …

1-2005. Senior judge — Assignment — Duties and powers — Compensation and expenses — Qualifications and oath. (1) A justice or judge who leaves office or retires from the supreme court, court of appeals or a district court, except a justice or judge retired under the provisions of…

1-2006. Application of act. Chapter 20, title 1, Idaho Code, shall operate prospectively in its application as to all persons who are receiving retirement benefits thereunder, provided that the Supreme Court may by order apply all of the provisions of this chapter to service unde…

1-2008. Investment of judges’ retirement fund. (1) The retirement board shall select and contract with investment managers registered with the securities and exchange commission to manage the investment of the judges’ retirement fund. The investment managers shall, subject to the…