Idaho 5th Judicial District

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The Idaho 5th Judicial District resides in Idaho. Click on the links below to learn more about the court's...

* Jurisdiction
* Selection method

## Contents

* 1 Jurisdiction
* 2 Selection method
* 2.1 Judicial elections in Idaho
* 2.2 Primary election
* 2.3 Retention election
* 3 See also
* 4 External links
* 5 Footnotes

## Jurisdiction[edit]

This court holds the following jurisdiction:[1]

“  | District courts and district court judges have jurisdiction over civil and criminal cases. They decide cases involving the most serious criminal cases, felonies, and typically hear civil cases where the amount of money in dispute exceeds $10,000. Civil damage actions usually involve personal injury, such as automobile negligence cases and contractual disputes between parties. District judges may also hear domestic relation cases, such as divorces and child custody matters, but in most counties, such cases are handled by magistrate judges. District judges also hear post-conviction relief actions, in which a defendant is challenging his/her conviction or incarceration. District judges also hear appeals from decisions made by magistrate judges.[2] | ”

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## Selection method[edit]

See also: Judicial selection in the states

See also: Nonpartisan election of judges

There are 40 judges on the Idaho District Courts, each elected in nonpartisan elections to four-year terms. Afterwards, they must seek re-election if they wish to retain their seat.[3]

The court's chief judge is chosen by peer vote and serves in that capacity for three years.[3]

Qualifications
To serve on this court, a judge must:[3]

* be at least 30 years old;
* be a U.S. citizen;
* be an Idaho resident for at least two years;
* be a resident of the judicial district for at least one year; and
* have had 10 years practice of law.

### Judicial elections in Idaho[edit]

See also: Idaho judicial elections

Idaho is one of seven states that use partisan elections to initially select judges and then use retention elections to determine whether judges should remain on the bench. To read more about how states use judicial elections to select judges across the country, click here.

### Primary election[edit]

District court races are decided during the state's primary election. However, if no candidate in a judicial race receives over 50 percent of the votes in the primary, the two candidates who received the greatest number of votes advance to the general election, which functions as a sort of judicial runoff election.[4]

If a race advances to the general election, but one of the candidates leaves the race before that time, the candidate who received the next highest number of votes in the primary takes their spot on the general election ballot. In such a situation, if there is a tie for third place in the primary, the candidate to advance to the general election is chosen by lot by the secretary of state.[5]

### Retention election[edit]

Magistrates stand for retention in the general election, which is held in November. Judges file for retention in August. Specifically, they must file their declaration of candidacy no less than 90 days prior to the election.

The ballot includes the following language for such elections: "Shall Magistrate __ of __ County of the __ Judicial District be retained in office?" The voter may then choose to answer either "Yes" or "No". The magistrate must receive a majority of "yes" votes to be retained to a new term.[6]

## See also[edit]

Local Courts

* Trial courts and judges
* Local court elections
* Ballotpedia's coverage scope

Other Idaho Courts

* Idaho federal courts
* Courts in Idaho
* Judicial selection in Idaho
* Judicial selection in the states

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## External links[edit]

* Search Google News for this topic
* Idaho courts

## Footnotes[edit]

1. ↑ State of Idaho Judicial Branch, "Overview of the Idaho Court System," accessed May 11, 2023
2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
3. ↑ 3.0 3.1 3.2 American Judicature Society, "Methods of Judicial Selection: Idaho," archived October 2, 2014
4. ↑ Idaho Statutes, "Title 34. Elections, Chapter 12, 34-1217," accessed April 28, 2014
5. ↑ Idaho Statutes, "Title 34. Elections, Chapter 12, 34-716," accessed April 28, 2014
6. ↑ Idaho Legislature, "Idaho Statutes, Title 1, Chapter 22," accessed September 25, 2017

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

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