Idaho Code
Idaho Code

Idaho Code § 1-2210 (2026)

Assignments restricted to magistrates who are attorneys. 

✓ current as of May 2026
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Assignments restricted to magistrates who are attorneys. 

(1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys:

(a)  Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act;
(b)  Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors;
(c)  All proceedings involving the custody of minors and all habeas corpus proceedings;
(d)  Proceedings for divorce, separate maintenance or annulment; and
(e)  Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver.
(2)  The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1975–2023 · leading case: O'Holleran v. O'Holleran, 525 P.3d 709 (Idaho 2023).
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O'Holleran v. O'Holleran, 525 P.3d 709 (Idaho 2023). · cites it 10× “damages for injury to person. . . . Additionally, Idaho Code section 1-2210 grants this Court the authority to “specify additional categories of matters assignable to [attorney] magistrates,” including “[p]roceedings for 4 divorce[.”
Marks v. Vehlow, 671 P.2d 473 (Idaho 1983). · cites it 4× “I.C. § 1-2210. A writ of habeas corpus was issued and served on Randall Gilmore commanding that Alysia Clary be brought before Magistrate Vehlow on September 10, 1980.”
Matter of Andersen, 589 P.2d 957 (Idaho 1978). · cites it 4× “§§ 1-104 and 16-1506, and that the magistrate division is a division of the district court, not a separate court.”
Rudd v. Rudd, 666 P.2d 639 (Idaho 1983). · cites it 2× “— Additional jurisdiction when approved by a majority of the district judges in the district may be granted attorney magistrates pursuant to I.C. § 1-2210, as follows: “(a) civil actions where the amount of damages or value of the property claimed exceeds $1,000 and does not…”
Carr v. Magistrate Court of First Jud. Dist., 700 P.2d 949 (Idaho 1985). · cites it 4× “§ 1-2208, while I.C. § 1-2210 allows additional categories of cases to be assigned to magistrates with the prohibition that certain cases cannot be assigned to non-attorney magistrates.”
Freiburghaus v. Freiburghaus, 604 P.2d 1209 (Idaho 1980). · cites it 4× “(d) proceedings for divorce, separate maintenance or annulment . . .” In addition, Rule 82(c)(2) provides that “[a]dditional jurisdiction when approved by a majority of the district judges in the district may be granted attorney magistrates pursuant to I.”
White v. Marty, 540 P.2d 270 (Idaho 1975). · cites it 4× “4 I.C. § 1-2210 further provides that this Court may by rule specify additional categories triable by magistrates and makes certain exceptions for cases that are to be assigned only to attorney magistrates.”
State v. Jones, 115 P.3d 743 (Idaho 2005). · cites it 2× “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…”
State v. Diaz, 788 P.2d 207 (Idaho 1990). · cites it 2× “Under I.C. § 1-2210, this Court may grant additional jurisdiction to magistrates to issue writs of prohibition.”
Busse v. Busse, 113 P.3d 224 (Idaho 2005). · cites it 2× “I.C. § 1-2210; I.R.C.P. 82(c)(2)(C). It erred in holding otherwise.”
McGill v. Lester, 672 P.2d 570 (Idaho Ct. App. 1983). · cites it 6× “Section 1-2210 further provides that “[t]he Supreme Court by rule may specify additional categories of matters assignable to magistrates, except that .”
Hyde-Rhodes v. Crowley (D. Idaho 2021). · cites it 4× “5(c) provides that, pursuant to Idaho Code § 1-2210 , the following additional types of cases may be assigned to magistrates when approved by the administrative district judge of a judicial district: 1.”
Show all 14 citing cases →
— Idaho Code § 1-2210(2)(c) — 2 cases
Van Hook v. State of Idaho (D. Idaho 2022).
Ferguson v. Naftz (D. Idaho 2022).
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