Idaho Code

Idaho Code § 1-2208 (2026)

Assignment of cases to magistrates. 

✓ current as of May 2026
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Assignment of cases to magistrates. 

Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters:

(1)  Civil proceedings as follows:
(a)  When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000):
(i)   Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud;
(ii)  Actions for rent and distress for rent;
(iii) Actions for claim and delivery;
(iv)  Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings;
(v)   Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property;
(vi)  Actions to collect taxes.
(b)  Proceedings in forcible entry, forcible detainer, and unlawful detainer; and
(c)  Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property.
(2)  Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents.
(3)  The following criminal and quasi-criminal proceedings:
(a)  Misdemeanor and quasi-criminal actions;
(b)  Proceedings to prevent the commission of crimes;
(c)  Proceedings pertaining to warrants for arrest or for searches and seizures; and
(d)  Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses.
(4)  Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code.
(5)  Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.
Notes of Decisions
Cited in 46 cases (11 in the last 5 years), 1972–2026 · leading case: Smith v. Smith (In Re Est. of Smith), 432 P.3d 6 (Idaho 2018).
Smith v. Smith (In Re Est. of Smith), 432 P.3d 6 (Idaho 2018). · cites it 11× “The Legislature exercised that authority by creating the magistrate division of the district court and specified through Idaho Codes sections 1-2208 and 1-2210 the cases that are assignable to magistrates.”
O'Holleran v. O'Holleran, 525 P.3d 709 (Idaho 2023). · cites it 16× “Idaho Code section 1-2208 provides: Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or…”
Matter of Est. of Keeven, 882 P.2d 457 (Idaho Ct. App. 1994). · cites it 28× “Idaho Code § 1-2208 authorizes the assignment to magistrates of proceedings for the administration of estates.”
Marks v. Vehlow, 671 P.2d 473 (Idaho 1983). · cites it 8× “An attorney magistrate is a judicial officer of the district court whose jurisdiction is established by legislation, I.C. §§ 1-2208, 1-2210; under the Idaho Constitution, ID.”
State v. Smith, 792 P.2d 916 (Idaho 1990). · cites it 6× “When Smith arrived in Idaho and was arraigned by the magistrate, the jurisdiction of the magistrate was limited to that provided in I.C. § 1-2208 and I.C.R. 2.2. Under this statute and this rule, the only aspects of felony cases that are usually assignable to a magistrate are…”
Loomis v. Union Pac. R.R. Co., 544 P.2d 299 (Idaho 1975). · cites it 12× “Thirdly, the court ruled that pursuant to I.C. § 1-2208 [9] and Fourth Judicial District Local Rule 3.”
Parsons v. State, 745 P.2d 300 (Idaho Ct. App. 1987). · cites it 4× “We begin with the premise that the jurisdiction of attorney magistrates can be as broad as that of district judges.”
Carr v. Magistrate Court of First Jud. Dist., 700 P.2d 949 (Idaho 1985). · cites it 5× “(Emphasis added) Pursuant to this authority the legislature created the magistrate division of the dis *548 trict court and specified the cases assignable to the magistrates by I.C. §§ 1-2208 and 1-2210. Cases which are assignable to both attorney and non-attorney magistrates…”
White v. Marty, 540 P.2d 270 (Idaho 1975). · cites it 8× “” I.C. § 1-2208 provides that subject to rules promulgated by this Court, the administrative judge or other designated district judge in each judicial district may assign certain enumerated cases to magistrates.”
State v. Carter, 655 P.2d 434 (Idaho 1982). · cites it 2× “I.C. § 1-2208(3)(d); I.R.C.P. 82(c)(1)(A).”
State v. Jones, 115 P.3d 743 (Idaho 2005). · cites it 7× “Idaho Code Section 18-8410 is part of the Juvenile Offender Registration Act and is within the scope of juvenile proceedings included in I.C. § 1-2208. Idaho Code Section 18-8405 states that “the court” shall provide notification of the duty to register with the juvenile sex…”
Matter of Hanson, 826 P.2d 468 (Idaho 1992). · cites it 2× “2d 473, 477 (1983) (“An attorney magistrate is a judicial officer of the district court whose jurisdiction is established by legislation, I.C. § 1-2208, 1-2210; under the Idaho Constitution, ID.”
— Idaho Code § 1-2208(2) — 7 cases
Smith v. Smith (In Re Est. of Smith), 432 P.3d 6 (Idaho 2018). “The Legislature exercised that authority by creating the magistrate division of the district court and specified through Idaho Codes sections 1-2208 and 1-2210 the cases that are assignable to magistrates.”
Matter of Est. of Keeven, 882 P.2d 457 (Idaho Ct. App. 1994). “Idaho Code § 1-2208 authorizes the assignment to magistrates of proceedings for the administration of estates.”
Miller v. Est. of Prater, 108 P.3d 355 (Idaho 2005).
Smith v. Smith (Idaho 2018).
— Idaho Code § 1-2208(3) — 2 cases
State v. Troy Miles Svelmoe, 372 P.3d 382 (Idaho 2016).
State v. Reuben D. Lehmann (Idaho Ct. App. 2017).
— Idaho Code § 1-2208(3)(a) — 1 case
State v. Stephen D. L'Abbe (Idaho Ct. App. 2012).
— Idaho Code § 1-2208(3)(d) — 7 cases
State v. Carter, 655 P.2d 434 (Idaho 1982). “I.C. § 1-2208(3)(d); I.R.C.P. 82(c)(1)(A).”
State v. Smith, 792 P.2d 916 (Idaho 1990). “When Smith arrived in Idaho and was arraigned by the magistrate, the jurisdiction of the magistrate was limited to that provided in I.C. § 1-2208 and I.C.R. 2.2. Under this statute and this rule, the only aspects of felony cases that are usually assignable to a magistrate are…”
Rufener v. Shaud, 573 P.2d 142 (Idaho 1977).
Ferguson v. Naftz (D. Idaho 2022).
Ferguson v. Price (D. Idaho 2022).
— Idaho Code § 1-2208(4) — 2 cases
State v. Jones, 115 P.3d 743 (Idaho 2005). “Idaho Code Section 18-8410 is part of the Juvenile Offender Registration Act and is within the scope of juvenile proceedings included in I.C. § 1-2208. Idaho Code Section 18-8405 states that “the court” shall provide notification of the duty to register with the juvenile sex…”
Hayes v. Gardner, 504 P.2d 810 (Idaho 1972).
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