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Idaho Code § 1-2210

Assignments restricted to magistrates who are attorneys

Applied in 1 court decision — leading case O'Holleran v. O'Holleran (2023)

Most recently applied in O'Holleran v. O'Holleran (February 2023)

1969, ch. 104, § 10, p. 353; am. 1972, ch. 36, § 2, p. 55; am. 1972, ch. 313, § 1, p. 775; am. 1981, ch. 180, § 2, p. 315; am. 1992, ch. 74, § 2, p. 210., I.C., § 1-2210, am. 20…

(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: Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act;

(2) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors;

(3) All proceedings involving the custody of minors and all habeas corpus proceedings;

(4) Proceedings for divorce, separate maintenance or annulment; and

(5) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver.

(6) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.