Magistrates Commission

RESPONSIBILITIES OF THE MAGISTRATES COMMISSION

Pursuant to Idaho Code §1-2205, the Magistrates Commission of the Third Judicial District shall have the following powers and duties:

• Make recommendations, subject to funding appropriations by the legislature, concerning the number and location of magistrate judges within the Third Judicial District;
• Appoint magistrate judges within the Third Judicial District on a nonpartisan merit basis; and
• Conduct studies for the improvement of the administration of justice within the Third Judicial District and to make recommendations for improvements therein to the legislature, the Idaho Supreme Court, the Third Judicial District Court, and such other governmental agencies as may be interested in or affected by recommendations of the Magistrates Commission.

Determinations, appointments, and recommendations of the Magistrates Commission under subsections A and B (above) are subject to disapproval by a majority of the district judges of the Third Judicial District within a 30-day period after written notice to the district judges of the Commission’s actions, unless such time period is extended for good cause by the Idaho Supreme Court.

APPOINTMENT, QUALIFICATIONS, AND TERMS OF OFFICE

Pursuant to Idaho Code §1-2203 and §1-2203A, Magistrates Commission members must be (a) over the age of 18, (b) of good moral character, (c) a United States citizen, and (d) a resident of the state of Idaho and the Third Judicial District.

The Magistrates Commission consists of the following:

• The Administrative District Judge of the Third Judicial District serves as the chair of the Commission and has full voting rights on all matters to come before the commission. The Administrative District Judge may designate another district judge in the Third Judicial District to serve on the Magistrates Commission;
• The chair of the board of county commissioners for each county within the Third Judicial District (or another member of the board as designated by the chair);
• Mayors of three municipalities within the Third Judicial District, one of which must consist of a population greater than 10,000;
• Two qualified electors, appointed by the Governor of the State of Idaho;
• Two attorneys, appointed by the Idaho State Bar, and;
• One magistrate judge in the Third Judicial District, appointed by the Administrative District Judge.

Attorney members of the Magistrates Commission serve two-year terms, and may serve up to a total of six years.  All other members of the Magistrates Commission serve six-year terms and may succeed themselves, with the exception of county commissioners and mayors, whose terms end when they cease to be county commissioners or mayors.

CREATION OF MAGISTRATES COMMISSION VACANCIES

Pursuant to Idaho Code §1-2203B, position vacancies within the Magistrates Commission may occur in the following circumstances:

• All voting members: a death, resignation, or move of a member outside of the county or Third Judicial District.
• Administrative District Judge, district judge, county commission, or mayor member: the disqualification as described in subsection A (above) and loss of official status.
• Attorney members: the disqualification as described in subsection A (above) and suspension or disbarment from the practice of law. A temporary vacancy for an attorney member may be created if the attorney member and an applicant are currently practicing in the same firm or were engaged in the practice of law as partners.

With the exceptions of resignation or death, all members continue to serve until their successors are appointed and qualify accordingly. 

*Click HERE for a downloadable PDF of Chapter 22 of the Idaho Statutes.