TITLE 1

COURTS AND COURT OFFICIALS

CHAPTER 22

MAGISTRATE DIVISION OF THE DISTRICT COURT

1-2205.  District magistrates commission — Powers and duties. [effective until july 1, 2024] 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 one (1) resident magistrate judge appointed in each county, except for those counties in which the board of county commissioners, at any time, has adopted by majority vote, without subsequent rescission, a resolution waiving the right to a resident magistrate judge, pursuant to section 31-879, Idaho Code;

(b)  To appoint the magistrate judges within the district on a nonpartisan merit basis, except as provided in section 1-2220, Idaho Code;

(c)  To conduct studies for the improvement of the administration of justice within the district and to make recommendations for improvements therein to the legislature, the supreme court, the district court and such other governmental agencies as may be interested in or affected by such recommendations.

The actions of the commission pursuant to subsections (a) and (b) of this section shall be subject to disapproval by a majority of the district judges in the district within thirty (30) days after written notice to the district judges of the commission’s actions, unless such time be extended for good cause by order of the supreme court.

1-2205.  District magistrates commission — Powers and duties. [effective july 1, 2024] (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 by the legislature, pursuant to section 1-2215, Idaho Code; provided, that there shall be at least one (1) resident magistrate judge appointed in each county, except for those counties in which the board of county commissioners, at any time, has adopted by majority vote, without subsequent rescission, a resolution waiving the right to a resident magistrate judge, pursuant to section 31-879, Idaho Code;

(b)  To appoint the magistrate judges within the district on a nonpartisan merit basis, except as provided in section 1-2220, Idaho Code;

(c)  To conduct studies for the improvement of the administration of justice within the district and to make recommendations for improvements therein to the legislature, the supreme court, the district court and such other governmental agencies as may be interested in or affected by such recommendations; and

(d)  To carry out the provisions of chapter 60, title 19, Idaho Code, assigned to the district magistrates commission.

(2)  The actions of the commission pursuant to subsection (1)(a) and (b) of this section shall be subject to disapproval by a majority of the district judges in the district within thirty (30) days after written notice to the district judges of the commission’s actions, unless such time be extended for good cause by order of the supreme court.

History:

[1-2205, added 1969, ch. 104, sec. 5, p. 353; am. 1973, ch. 78, sec. 1, p. 124; am. 1977, ch. 233, sec. 3, p. 695; am. 1980, ch. 393, sec. 1, p. 998; am. 1981, ch. 111, sec. 1, p. 167; am. 2008, ch. 38, sec. 3, p. 92; am. 2023, ch. 220, sec. 2, p. 667.]