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. History: [1-2201, added 1969, ch. 104, sec. 1, p. 353.]
1-2202. "MAGISTRATE" DEFINED. As used in this act "magistrate" means a magistrate of the district court appointed under authority of this act. History: [1-2202, added 1969, ch. 104, sec. 2, p. 353.]
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 district," the members of which shall consist of: (a) The chairman of the […]
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 them to membership on the commission. The terms of all […]
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 of a mayor, magistrate judge, district judge, county clerk, or county commissioner […]
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 at such other times as shall be necessary in the discharge of its official […]
1-2205. DISTRICT MAGISTRATES COMMISSION — POWERS AND DUTIES. 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 by the legislature, pursuant to section 1-2215, Idaho Code; provided, that there shall be at least […]
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 office of magistrate judge, a person must, […]
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 magistrate shall be filled by […]
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 or category of cases, or in specific instances the following matters: […]
1-2209. MAGISTRATES — ADMINISTRATIVE ASSIGNMENTS. Magistrates may be assigned internal administrative functions of the court. History: [1-2209, added 1969, ch. 104, sec. 9, p. 353.]
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 which the amount of money or damages or the value of property claimed […]
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 such jury shall consist of six (6) jurymen, […]
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 the action requests stenographic reporting of the proceedings, the reporting […]
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 appeal and affirm, reverse, remand, or […]
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 [collateral] attack merely because rendered pursuant to improper assignment to a magistrate. History: [1-2214, added 1969, ch. 104, […]
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 the payment of expenses of magistrates’ institutes, from time to time, as may be […]
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. History: [1-2216, added 1969, ch. 104, sec. 16, p. 353.]
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 use, and shall provide for the staff personnel, supplies, and other expenses of the […]
1-2218. FACILITIES AND EQUIPMENT PROVIDED BY CITY. [EFFECTIVE UNTIL JULY 1, 2023] Any city in the state shall, upon order of a majority of the district judges in the judicial district, provide suitable and adequate quarters for a magistrate’s division of the district court, including the facilities and equipment necessary to make the space provided […]
