Rules of the District Court and Magistrates Division for the First Judicial District Covering Benewah, Bonner, Boundary, Kootenai and Shoshone Counties
the Local Rules as they now exist for the First Judicial District in
the State of Idaho appear to be in need of amendment: and
a review of those Local Rules has been conducted by the District
Judges of the First Judicial District, now, therefore,
IS HEREBY ORDERED that the Local Rules of the First Judicial
District as they are hereinafter set forth be and are hereby adopted
as the Local Rules of the First Judicial District and that they will
replace and supersede all prior Local Rules for the counties of
Benewah, Bonner, Boundary, Kootenai and Shoshone and are
supplemental to the Idaho Rules of Civil Procedure; the Idaho Rules
of Evidence; the Idaho Criminal Rules; the Idaho Misdemeanor
Criminal Rules; the Idaho Infraction Rules; the Idaho Juvenile
Rules; the Idaho Court Administrative Rules; and the Idaho
1: Jurisdiction and Case Assignment
within the jurisdiction of Magistrates will be as established by the
Order of the majority of the District Judges. The allocation of
caseload assignments by a division of cases among the Magistrates
shall be as directed by the order of the Administrative District
Judge. If approved by the Administrative District Judge, where
there is more than one resident Magistrate, the method of allocating
the caseload of that county between Magistrates may be by consensus
among resident Magistrates.
other cases shall be assigned to the District Judges, with the
allocation of caseloads by a division of cases between the District
Judges to be as directed by the Administrative District Judge.
upon disqualification of a judge shall be as directed by the
Administrative District Judge.
District Judge shall control and set his own schedule for civil and
criminal trials and for law and motion matters, subject to the
authority of the Administrative District Judge pursuant to §1-907.
assigned to Judges of the Magistrate Division shall be scheduled
pursuant to the Magistrate Assignment Schedule of the First Judicial
District established by the Trial Court Administrator, as directed
by the Administrative District Judge.
rotation schedule within each county consistent with the Magistrate
Assignment Schedule of the First Judicial District may be
established by the resident Magistrate (if only one) or by a
consensus of the resident Magistrates (if two or more), subject to
the approval of the Administrative District Judge.
of the District Court: Each District Judge shall establish and
control the calendaring of cases to be heard at times set aside for
civil, criminal and special proceedings and for Law and Motion
of the Magistrate Division: Each Judge of the Magistrate Division
shall control the calendaring of cases to be heard at times set
aside for civil, criminal and special proceedings pursuant to the
Magistrate Assignment Schedule of the First Judicial District.
of all proceedings in District Court shall consist of the log of
electronic recording prepared by the deputy clerk operating the
electronic recording device used to record the proceeding. The log
shall be in the format prescribed by Idaho Court Administrative Rule
25(c) and shall additionally include the name of any court reporter
who is reporting the proceedings. The completed log, which shall be
in legible handwriting, shall be placed in the court file.
of all proceedings in the Magistrate Division of the District Court
shall consist of the log of electronic recording prepared by the
deputy clerk operating the electronic recording device used to
record the proceeding. The log shall be in the format prescribed by
Idaho Court Administrative Rule 25(c). The completed log, which
shall be in legible handwriting, shall be placed in the court file.
5: Transcript of Electronically Recorded Proceedings in the Trial
Transcripts for appeals from the Magistrate Division to the District
Court shall be prepared at the discretion of the District Judge
assigned to the appeal in accordance with Idaho Civil Rule 83 and
Idaho Criminal Rule 54. Appeals from the District Court shall be
governed by I.A.R. 24.
THAN APPEAL PURPOSES -- Transcripts of proceedings for other than
appeals purposes shall be prepared only on order of the Judge
conducting the proceeding for which a transcript is being requested.
an order of a transcript is entered, it will be necessary for the
party securing such order to present to the Court, with the
original, a copy of the Order for service on the transcriber and a
check for the estimated fees for the transcript, unless fees have
been waived by court order or the matter is a criminal or special
proceedings case involving an indigent.
6: Notice of Trial Setting
a case has been assigned a trial date, the Clerk will forthwith
prepare a Notice of Trial Setting, and mail copies of the notice to
the attorneys involved, or to the parties if not represented by
7: Prohibition Against Preparation of Complaints or Pleadings by
Judges and/or Clerks
as otherwise provided by statute or Supreme Court Rule, judges
and/or clerks shall not prepare a criminal, civil or special
proceeding complaints or pleadings
8: Supplemental Order for Custody, etc.
otherwise ordered by the Court, all divorce decrees or temporary
orders filed involving child custody, child support or alimony will
contain the following paragraph:
is Further Ordered, Adjudged and Decreed Appendix A, attached
hereto, is by this reference made a part here of as if fully set
presentation of the Decree for signature, a copy of Appendix A will
be attached to said Decree. The form of Appendix A is as follows:
Order for Parental and Child Support Responsibilities
Interests of Children: Divorce is an unfortunate part of modern
life and is particularly difficult for children. The jurisdiction of
the Court to control custody and child support is intended to allow
the Court to make rulings in the best interests of the children and
to minimize the negative impact of divorce or separation upon
children. You and your former spouse have divorced or separated;
that is your right. However, you cannot divorce your children. You
both have continuing duties and responsibilities as parents to your
children. No matter how carefully the Court crafts custody and child
support orders, the success of the order and the well-being of your
children will be limited unless both parents make a firm commitment
to serve the best interests of their children. Please commit
yourself to working with your former spouse to promote the
well-being of your children.
If you are unable to agree upon parenting issues between
yourselves, the Court strongly recommends that you consider
mediation before resorting to Court intervention. Mediation is a
problem-solving process in which you can discuss alternatives and
assess options with the assistance of an independent, neutral and
Parent: A parent is “on duty” when the child(ren)
are in his or her care pursuant to agreement of the parents or any
court order, including: a parenting plan; custody or residential
schedule; or visitation schedule. A parent is "off duty”
when the other parent is “on duty.”
have the following rights and responsibilities regarding the
child(ren) of your marriage unless the court orders otherwise:
Affirmative Basic Duties: When “on duty” each
parent shall provide the child(ren) with: (a) regular and nutritious
food; (b) clean and appropriate clothing; (c) reasonably private
living and sleeping quarters; and (d) appropriate health care.
parents shall instruct in and promote: (a) ethical and moral
principles; (b) respect for the law and the rights of others; (c)
conscientious attendance at all regular sessions of school until
graduation, unless excused for medical reasons, by the school, by
the Court, or by law.
parent will engage in, permit the child(ren) to engage in, or
allow the child(ren) to be present during the use of any illegal
drug, excessive alcohol use, violence, or disrespect for law and
order. If the “on duty” parent does not prevent the use
of illegal drugs, the excessive use of alcohol, violence or
disrespect for law and order by other persons in the child(ren)'s
presence, then the “on duty” parent shall remove the
child(ren) from the environment where that conduct is occurring.
parent shall pursue and support the provisions of any Court
order including: a parenting plan; custody or residential schedule;
or visitation schedule. The “on duty” parent will
personally supervise, control, and assume responsibility for the
conduct and activities of the child(ren), and will advise the “off
duty” parent of: (a) the scheduling of routine medical or
dental care appointments; (b) medical
emergencies as soon
as possible after the child(ren) receive appropriate medical care;
(c) all school disciplinary or law enforcement contacts as soon as
possible so as to allow the “off duty” parent an
opportunity to become involved in the resolution of such contact.
parent shall deliver their child(ren)'s clothing, school
supplies and other personal belongings at the same time that the
children are delivered. All clothing shall be delivered in a clean
Transportation: The receiving parent shall provide
transportation and shall arrive on time (no more than 10 minutes
early or late).
Neither parent shall schedule activities for their child(ren)
during the time the other parent is “on duty” without
the prior agreement of the other parent.
Address and Telephone Information: Each parent shall provide
to the other his or her current telephone number, Physical and
mailing addresses and, if different from parent's, the telephone
number, Physical and mailing address of where the child(ren) live.
Move from Current Address: Each parent shall provide the
other not less than 60 days prior written notice of a
decision to move. A move requiring more than 2 hours automobile
travel between the homes of the parents ("two hour travel
zone") will require modification of the parenting plan, custody
or residential schedule, or visitation schedule. The moving parent
shall not move the child(ren) to a location outside the "two
hour travel zone" until a new order is in place.
During “on duty” periods the child support
obligor shall remain liable for child support payments unless the
decree or child support order specifically provides otherwise. Child
support may not be withheld for failure to comply with any Court
order including: a parenting plan; custody or residential schedule;
visitation schedule; or for any other reason. Parenting time shall
not be withheld for nonpayment of child support or other financial
Support/Method of Payment: All child support payments shall
be paid to the State of Idaho Child Support Receipting, P.O. Box
7008, Boise, ID 83707. Any amount not paid through the State of
Idaho will be considered a gift and will not be credited as child
support. The State may report a failure to pay child support to the
prosecuting attorney, who may enforce payment. The child support
obligee may request forms for entry of a Wage Withholding Order from
the Clerk's office.
Due Date: If the decree or child support order is entered on or
before the 15th day of the month, child support payments shall be
due on or before the last day of the month in which the decree or
child support order is entered and on the 10th day of each and every
month following. If the decree or child support order is entered
after the 15th day of the month, the child support payment shall be
due on the 10th day of each calendar month following the month in
which the decree of child support order is entered.
Notices: Notice of Automatic and Immediate Income Withholding:
This support order is enforceable by automatic and immediate
income withholding as of the effective date of this order under
chapter 12, title 32, Idaho code. This automatic and immediate
income withholding order shall be issued by the department of health
and welfare or other obligee to your employer or other person who
pays your income, without additional notice to you.
to comply with court orders may result in civil contempt
proceedings pursuant to Idaho Code §7-601 et seq. and/or
license suspensions pursuant to Idaho Code §7-1401 et seq.
parent’s willful failure or refusal to return the children
to the other parent in accordance with the court ordered parenting
plan, custody or residential schedule or visitation schedule may
subject that parent to criminal prosecution for custodial
Interference: Neither parent will intrude on the privacy of
the other nor make unkind statements about the other to or in the
presence of the children. Neither parent will interfere in any way,
or encourage or permit any other person to interfere in any way,
with the other parent's rights granted by the decree or other order
of the Court.
Injunction: This order restrains and enjoins both parents
from doing, attempting, or threatening to do harm of any kind to the
other parent or to the child(ren), or permitting another to so act
on their behalf.
Order of the District Court of the First Judicial District of the
State of Idaho
9: Excuse From Jury Service
for emergency excuses considered by the District
or a Magistrate, all requests from jury service or excuse from such
services shall initially be referred to the Jury Commissioner for
recommendation to the Court.
10: Appointment of Counsel in Criminal Cases
a Public Defender has been appointment by the Board of County
Commissioners, or when the Public Defender cannot act, the District
Court, including the Magistrate Division, will appoint attorneys to
represent needy persons in all cases required by law in such Court.
The clerk shall keep a list of attorneys, in alphabetical order, who
are residents within the County and such appointments shall be made
from such list in rotation, except those that the Court may appoint
an attorney out of regular order, or whose name does not appear on
such list, if, in the Court’s opinion, the circumstances
warrant such action.
a person contends that he is a "needy person" and requests
appointment of counsel, the Court or Clerk thereof will require such
a person to fill out in detail a Financial Statement and execute the
same before the Clerk of this Court. Based upon such statement and
further interrogation of such person, by or under the direction of
the Court, the Court will then determine if the Defendant is
entitled to counsel and if so, the Order Appointing Counsel will be
executed by this Court.
the Court appointed counsel is demanded by any person during the
accusatory state of interrogation, or at any time prior to the
filing of a criminal complaint and arraignment, under circumstances
were such counsel otherwise would be appointed, the Clerk of this
Court may temporarily appoint counsel without such Financial
Statement, to act until the Magistrate or District Judge is
available to consider this question and the Financial Statement
of attorney’s name: If any attorney does not wish to have his
name appear on such list, application in writing, stating his
reasons, may be made to the Court, when approval by a majority of
the District Judges in this Judicial District, such name shall be
Each month, while the case is pending, the attorney shall submit a
written statement, under oath, listing separately the time spent in
legal research, investigation, consultation with his client, or in
open Court, an itemized statement of out-of-pocket expense, and any
other information deemed necessary or helpful by the attorney,
together with an original and copy of an Order in the following
of the Court and Cause)
IS HEREBY ORDERED that in accordance with Idaho Code §19-860,
the above named County shall pay to ________________ , a licensed
attorney and practicing attorney of the State of Idaho, the sum of
$______________, forthwith, and for attorney fees and expenses in
the above entitled action for his representation of the defendant, a
this _______ day of ___________________, _____.
Order and Affidavit shall be filed by the Clerk in the Court file,
and the copy of such Order shall be attached to the voucher form,
which shall be signed by such attorney where required, and processed
of Public Defender: In any county in which a Public Defender has
been appointed, and in the event such defender is disqualified to
represent a needy person, counsel will be appointed and compensated
in the same manner as heretofore set forth.
of Evidence: In the event assigned counsel other than a Public
Defender deem it necessary to employ an investigator, other
professional specialists, or private facilities for the evaluation
of evidence, as authorized by Idaho Code §19-861, for which
service a charge will be made to the county, such attorney shall
first make a written petition to the Court and secure an order from
the Judge authorizing such additional help.
this 19th day of July, 2004.
P. Luster, District Judge
M. Gibler, District Judge
T. Mitchell, District Judge
Verby, District Judge