1-2203. DISTRICT MAGISTRATES COMMISSION — MEMBERS. (1) There is hereby established in each judicial district of the state of Idaho a district magistrates commission to be known as the "district magistrates commission of the …. judicial district," the members of which shall consist of the chairman of the board of county commissioners of each county in the district or member of such board designated by the chairman, the mayors of three (3) municipalities, one (1) of whom shall be from a city of over ten thousand (10,000) population, in the district to be appointed by the governor, two (2) qualified electors residing within the district to be appointed by the governor, the administrative judge of the district or district judge of the district designated by him, two (2) attorneys nominated by the district bar associations in each district and appointed by the Idaho state bar, and a magistrate judge in the district, to be appointed by the administrative district judge. Temporary attorney members may be nominated in such number as the bar association in each district deems appropriate at any time by the respective district bar association and appointed by the Idaho state bar to fill any temporary attorney member vacancy on the district magistrates commissions. Each of the members shall be over the age of majority and shall be and remain a citizen of the United States, a bona fide resident of the state and district and of good moral character.

(2) Forthwith after making any appointments to such commissions the respective appointing authorities shall duly certify in writing to the administrative director of the courts and to the secretary of state the following facts with respect to each appointee:

(a) Full name;

(b) Age;

(c) Residence address;

(d) If employed, the nature of the appointee’s occupation and business address;

(e) The name of the district magistrate commission to which appointed;

(f) The date of expiration of term for which appointed;

(g) Except for the initial appointees under this act, the name of the person the appointee succeeds on the commission; and

(h) If a member other than a mayor, magistrate judge or district judge, the appointee’s political party.

(3) No member, other than the persons appointed while serving as mayor, county commissioner, magistrate judge or district judge shall hold any city, county or state elective office or be employed by the state or any city or county while a member of the commission.

(4) The two (2) attorney members shall serve for a term of two (2) years and may succeed themselves for two (2) additional terms. The qualified elector members shall serve terms of six (6) years each and may succeed themselves. The mayors shall serve terms of six (6) years and may succeed themselves, provided that their terms will end when they cease to hold the office which entitles them to membership on the commission. The magistrate judge shall serve a two (2) year term which may be renewed up to a total of six (6) years. Appointments to fill vacancies shall be made by the initial appointing authority for the unexpired term.

(5) A vacancy on the commission shall be caused by a voting member dying, resigning, moving his or her residence outside the district, moving his or her residence to another county and, in the case of a mayor, magistrate judge, district judge or county commissioner member, losing his or her status as such official for any reason; provided, however, that except in the case of death or resignation of a member, the member shall continue to serve until a successor is duly appointed and qualified. A vacancy on the commission shall be caused by an attorney member dying, resigning, moving his or her residence to without the district or being suspended or disbarred from the practice of law. A temporary vacancy on the commission shall be caused by an attorney member currently practicing law in the same firm as an applicant seeking a magistrate judge’s position in the commission’s judicial district, or by an attorney member or a magistrate judge member having been engaged in the practice of law as a partner of such applicant within the last five (5) years. It shall be the duty of any member who has become disqualified for any reason promptly to report that fact in writing to the chairman and secretary of the commission. It shall be the duty of the chairman or secretary promptly to report in writing to the appropriate appointing authority, the existence of any vacancy on the commission.

History:

[1-2203, added 1969, ch. 104, sec. 3, p. 353; am. 1972, ch. 359, sec. 1, p. 1064; am. 1974, ch. 26, sec. 4, p. 804; am. 1977, ch. 233, sec. 1, p. 692; am. 1991, ch. 114, sec. 1, p. 242; am. 1994, ch. 396, sec. 1, p. 1254; am. 1996, ch. 163, sec. 1, p. 542; am. 2008, ch. 38, sec. 1, p. 90.]