Idaho Constitution Article V - Judicial Department

Here is the Idaho Constitution – Article V: Judicial Department, summarized section by section:

Article V – Judicial Department

This article establishes and governs the judicial branch of the Idaho state government.

Section 1 – Judicial Power

Judicial power is vested in:

A Supreme Court,

A Court of Appeals,

District Courts,

And other courts created by the legislature.

Section 2 – Supreme Court

Composed of five justices, one of whom is the Chief Justice.

Has appellate jurisdiction and supervisory control over other courts.

Section 3 – Election and Term of Justices

Justices are elected by voters for a six-year term.

Terms are staggered to ensure continuity.

Section 4 – Chief Justice

Elected by the members of the Supreme Court.

Serves as administrative head of the state's judiciary.

Section 5 – Court of Appeals

The legislature may establish an intermediate appellate court.

Judges are appointed and their powers determined by law.

Section 6 – District Courts

The state is divided into judicial districts.

Each district has at least one district judge.

District judges serve four-year terms.

Section 7 – Jurisdiction of District Courts

They have original jurisdiction in all cases and matters not otherwise provided.

Also have appellate jurisdiction from inferior courts.

Section 8 – Judicial Qualifications

Judges must be:

U.S. citizens,

Residents of Idaho for at least 2 years,

At least 30 years old,

Licensed to practice law in Idaho.

Section 9 – Compensation

Judicial salaries are set by law.

Cannot be decreased during the term of office.

Section 10 – Removal or Discipline of Judges

Judges may be removed, disciplined, or retired for cause by the Judicial Council, which the legislature may establish.

Section 11 – Style of Process

All legal process runs in the name of the "State of Idaho."

Section 12 – Rules of Procedure

The Supreme Court has the power to make rules governing procedures in all courts.

 

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