Judicial selection in Idaho

Judicial selection in Idaho
Idaho Supreme Court
Method:	Nonpartisan election
Term:	6 years
Idaho Court of Appeals
Method:	Nonpartisan election
Term:	6 years
Idaho District Courts
Method:	Nonpartisan election
Term:	4 years
Idaho Magistrate Division
Method:	Commission selection
Term:	4 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Idaho, including:

• Idaho Supreme Court,
• Idaho Court of Appeals,
• Idaho District Courts, and
• Limited jurisdiction courts

As of March 2023, the selection of state court judges in Idaho occurred primarily through nonpartisan elections. All judges (except magistrates, who are appointed to the bench by a magistrate commission) participate in elections wherein they cannot be nominated or endorsed by any political party. Judges' terms begin on the first Monday in January following their election.

Click here to notify us of changes to judicial selection methods in this state.

Idaho Supreme Court

See also: Idaho Supreme Court

The five justices of the Idaho Supreme Court are elected in nonpartisan elections. They serve six-year terms, after which they must seek re-election if they wish to retain their seat. To learn more about these elections, visit the Idaho judicial elections page.

Qualifications

To serve on the supreme court, a judge must:

• be at least 30 years old;
• be a U.S. citizen;
• be an Idaho resident for at least two years;
• be in good standing as an active or judicial member of the state bar for at least two years; and
• a licensed attorney for at least 10 years.

Chief justice

The chief justice of the supreme court is selected by peer vote to serve a four-year term.

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.

The map below highlights how vacancies are filled in state supreme courts across the country.

Idaho Court of Appeals

See also: Idaho Court of Appeals

The four judges of the Idaho Court of Appeals are elected in nonpartisan elections. They serve six-year terms, after which they must seek re-election if they wish to retain their seat. To learn more about these elections, visit the Idaho judicial elections page.

Qualifications

To serve on the appeals court, a judge must:

• be at least 30 years old;
• be a U.S. citizen;
• be an Idaho resident for at least two years;
• be in good standing as an active or judicial member of the state bar for at least two years; and
• a licensed attorney for at least 10 years.

Chief judge

The chief judge of the court of appeals is appointed by the supreme court chief justice and serves in that capacity for two years.

Vacancies

There is one current vacancy on the Idaho Court of Appeals, out of the court's four judicial positions. If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.

Idaho District Courts

See also: Idaho District Courts

The judges on the Idaho District Courts are elected in nonpartisan elections to four-year terms. The court shares most aspects of selection with the supreme court and court of appeals, including policies on re-election and the filling of interim vacancies.

Qualifications

To serve on this court, a judge must:

• be at least 30 years old;
• be a U.S. citizen;
• be an Idaho resident for at least two years;
• be in good standing as an active or judicial member of the state bar for at least two years; and
• a licensed attorney for at least 10 years.

Administrative district judge

The court's administrative district judge is chosen by peer vote and serves in that capacity for three years.

Vacancies

If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.

Limited jurisdiction courts

Idaho has one type of limited jurisdiction court: the Idaho Magistrate Division.

Idaho Magistrate Division

See also: Idaho Magistrate Division

Judges of the Idaho Magistrate Division are appointed by a district magistrate commission. Magistrates occupy the bench for 18 months after their initial appointment, after which they must run in the next general election in a yes-no retention election if they wish to remain on the court.

History

Below is a timeline noting changes to judicial selection methods in Idaho, from the most recent to the earliest.

• 2003: A new law was enacted requiring third parties involved in political campaigns to report any last-minute expenditures exceeding $1,000 within 48 hours. The law was recommended by a task force created after the 2002 judicial primaries to investigate the role of money in state judicial elections. In the 2002 race for chief justice of the supreme court, an independent group spent nearly $174,000 on a last-minute advertising blitz aimed at unseating Linda Copple Trout.
• 1982: A constitutional amendment passed which allowed the chief justice of the supreme court to be selected by peer vote.
• 1980: The Idaho Court of Appeals was created and established that judges are to be chosen in nonpartisan elections and serve for six years.
• 1967: The judicial council was created to nominate candidates for interim vacancies and to make recommendations to the supreme court for the discipline, removal, or retirement of judges.
• 1934: A constitutional amendment passed with 67%, providing for the nonpartisan election of judges.
• 1890: Idaho's original constitution dictated that supreme court judges were to be elected to six-year terms by popular vote. Judges of the district courts were to be elected to four-year terms by popular vote.

Judicial nominating commission

The nominating commission, known as the Idaho Judicial Council, assists in filling judicial vacancies on the supreme court, the court of appeals, and the district court. It compiles a list of two to four qualified candidates to present to the governor, who must appoint an interim judge from that list.

The commission consists of seven members:

• Three members are lawyers (one of whom must be a district judge) chosen by the Idaho State Bar's board of commissioners with consent from the state Senate.
• Three members are non-lawyers chosen by the governor with consent from the state Senate.
• The remaining member, who serves as the commission's chairperson, is the chief justice of the supreme court.

No more than three of these members may belong to the same political party. They serve six-year terms.

Courts in Idaho

In Idaho, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Idaho's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Idaho's state court system.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

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http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Idaho Judicial Branch
• Idaho Secretary of State, "Elections Division"

Footnotes

Idaho courts

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Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Idaho • U.S. Bankruptcy Court: District of Idaho

State courts:

Idaho Supreme Court • Idaho Court of Appeals • Idaho District Courts • Idaho Magistrate Division

State resources:

Courts in Idaho • Idaho judicial elections • Judicial selection in Idaho