Becoming the Magistrate Division
As early as 1937, attorneys and judges started paving the way for an improved and simplified lower court system. For the next 25 years, their efforts included the creation of committees, the presentation of reports, and the recommendation of legislation and Constitutional amendments all with one goal in mind - to create a non-partisan modernized court system of the people and for the people.
In 1962, Idaho’s citizens recognized the important need for court reform. The adoption of House Joint Resolution 10, an amendment to Section 2, Article 5 of the Constitution of the State of Idaho, abolished probate courts, justices of the peace, and municipal courts, and created a unified court system administered by the Idaho Supreme Court.
The judicial power of the state shall be vested in a court for the trial of impeachments, a Supreme Court, district courts, and such other courts inferior to the Supreme Court as established by the legislature. . .
Following this amendment, members of the Idaho State Bar, Idaho Supreme Court, and the University of Idaho College of Law engaged in a joint effort to adopt legislation establishing inferior courts and their jurisdiction. A bar legislative committee, Idaho State legislative council on lower court reform, and Committee on Courts consisting of senators, representatives, attorneys, judges, clerks, a police chief, and county commissioner gathered data and drafted recommendations to advance this effort. In 1967, the committee proposed legislation to make available prompt and impartial justice to the citizens of Idaho and convened a Citizens’ Conference across the State to garner support. This proposal included:
A two-level court system wherein the Magistrate Division is part of the District Court all under the administration of the Idaho Supreme Court.
The creation of seven judicial districts.
A judicial council to oversee the selection, appointment, and discipline of judges.
Magistrate judges would be given greater jurisdiction over criminal and civil cases with additional jurisdiction assigned to attorney Magistrates.
Magistrate judges would serve the public during regular business hours, conduct court in a courthouse setting, and be paid a salary; and
All proceedings would be recorded by an electronic device or stenographic means.
While the proposal was passed by both the House and Senate, it didn’t come without opposition - it was vetoed by Governor Samuelson with concerns about the necessity and immediacy of the court change and a strong belief that such plan would remove the right of the people to select important lower court judges. Noting these concerns, the council amended the proposal to allow for the appointment of Magistrate Judges by a Magistrate commission comprised of lawyers, judges, community members, and elected officials. With this change and the persistence of many, this law was enacted in 1969.
On January 11, 1971 , the Magistrate Division of the District Court was created - a monumental day for the Idaho judiciary
Now, with this two-level system and its requirements for a professional, educated, and organized judicial system, Magistrate judges are able to provide the citizens with the type of courts they wish and desire today.
“In our order of things, we have established the courts as the final arena for the expression of justice. When things cannot be settled by the family, by the executive or legislative branch of government or the wider community, the courts are asked to intervene. This is our finest example of problem solving. To handle this big and difficult job our courts should be the best possible in all respects.”
Evolution of the Courts
“The two positions, District Judge and Magistrate Judge, really are side by side. One’s not higher, one’s not lower. They’re just different and they coexist, but we are the gateway to everything.”
- The Honorable Jennifer Haemmerle, Blaine County Magistrate Judge