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Appointment, Qualifications, and Terms of Office
qualifications, each member of the magistrates commission must be over the age
of 18, of good moral character, a United States citizen, and a resident of the
state of Idaho and the particular judicial district for which the magistrates
commission is assigned.
commission consists of the following:
- The administrative district judge of the
particular 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
district to serve on the magistrates commission;
- The chair of the board of the county
commissioners for each county in the district (or other member of the
board designated by the chair);
- Mayor of three municipalities within the
district. One of the three municipalities must be of a population over
- Two qualified electors appointed by the
governor of the state of Idaho;
- Two attorneys appointed by the Idaho State
- Magistrate judge who serves in an advisory
capacity appointed by the administrative district judge.
members of the commission serve two-year terms up to a total of six years. All
other members serve six-year terms and may succeed themselves, except the terms
of the county commissioners and mayors end when they cease to be mayors or
Vacancies on the
- All voting members: death, resignation, or
member moving outside of the county or district.
- Administrative district judge or district
judge member: the disqualification of 1 above and loss of official status.
- County Commission members: the
disqualification in 1 above and loss of official status.
- Mayor members: the disqualification of 1 above
and loss of official status.
- Attorney members: the disqualification of 1
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.
NOTE: Except for
resignation or death, all members continue to serve until their successors are
appointed and qualify.
commission has the following responsibilities under the statutes of Idaho:
- To make recommendations concerning the number
and location of magistrate judges within the judicial district (subject to
funding appropriates by the legislature);
- To appoint magistrate judges within the
judicial district on a non-partisan, merit basis; and
- To conduct studies for the improvement of the
administration of justice within the district and to make recommendations
for improvements to the legislature, the Supreme Court, the district
court, and such other governmental agencies as may be interested in the
recommendations of the magistrates commission.
determinations, appointments, and recommendations of the commission made under
subsections 1. and 2. above are subject to disapproval by a majority of the
district judges in the 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 Supreme Court.
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