Idaho Supreme Court - Civil Decisions
Under the Idaho Constitution of 1890, the Idaho Supreme Court holds appellate jurisdiction over final decisions in district courts. Many of these cases reach the Supreme Court upon an appeal from the Idaho Court of Appeals, but the Supreme Court also may choose to review a case in the Court of Appeals at its discretion. The Supreme Court also may review appeals of orders by the Public Utilities Commission, the Idaho Industrial Commission, and the Industrial Accident Commission. It holds original jurisdiction to issue certain types of writs, such as writs of mandamus and habeas corpus, in addition to original jurisdiction over cases against the state government. The Court rotates among locations in Boise, Coeur d’Alene, Moscow, Lewiston, Pocatello, Rexburg, Idaho Falls, Caldwell, and Twin Falls
To serve on the Idaho Supreme Court, a candidate must be a U.S. citizen, an Idaho resident for at least two years, and at least 30 years old. They also must have practiced law in Idaho for at least 10 years. Five justices serve on the Court. Idaho selects justices by using a non-partisan election. In other words, candidates are listed on the ballot without their party affiliation. However, if a justice needs to be replaced before the end of their term, the assisted appointment method applies. This means that the Idaho Judicial Council sends a list of candidates to the Governor of Idaho, who will choose the interim justice. Each justice generally serves a renewable six-year term, although the Chief Justice serves a four-year term. The Chief Justice receives their appointment from the Governor after being chosen by a majority of the current justices.
A justice may be removed from the Idaho Supreme Court if the Court determines that removal is appropriate upon the recommendation of the Idaho Judicial Council. A justice also may be removed if they are impeached by the Idaho State Legislature in a majority vote and by the Idaho State Senate in a two-thirds vote.
Recent Decisions From the Idaho Supreme Court - Civil
Date: February 19, 2021
Docket Number: 46860
Justia Opinion Summary: This case arose from an Idaho Industrial Commission determination denying an application for unemployment benefits. William Wittkopf appealed pro se the Commission’s determination that he was ineligible for unemployment...
Date: February 17, 2021
Docket Number: 47924
Justia Opinion Summary: At issue in this appeal was whether claimant Curtis Stanley filed a timely complaint against the Industrial Special Indemnity Fund ("ISIF") when Stanley filed his complaint more than five years after his industrial acci...
Date: February 10, 2021
Docket Number: 46732
Justia Opinion Summary: Holly Cook appealed an administrative order entered by an Administrative District Judge (“ADJ”) declaring her to be a vexatious litigant pursuant to Idaho Court Administrative Rule 59. The order prohibited Cook from fili...
Date: February 9, 2021
Docket Number: 46544
Justia Opinion Summary: Choice Feed, Inc. sued Ray and Susan Montierth, alleging that Ray breached an oral agreement to sell his feedlot property to Choice Feed once he arranged a 1031 tax deferred agreement. Although Ray collected money from C...
Date: February 9, 2021
Docket Number: 47684
Justia Opinion Summary: Lester McMillan bought a dilapidated house that Terry Asher and Pamela Kitchens (“the Ashers”) planned to repair. The parties orally agreed that the Ashers would perform certain repairs to make the house livable, rent th...
Date: February 3, 2021
Docket Number: 47709
Justia Opinion Summary: In 1985, Gerald Pizzuto Jr. murdered Berta and Delbert Herndon. Pizzuto was convicted of two counts of murder in the first degree, two counts of felony murder, one count of robbery, and one count of grand theft. He was s...
Date: February 1, 2021
Docket Number: 47337
Justia Opinion Summary: Daniel Chernobieff appealed a district court’s decision on intermediate appeal to uphold a magistrate court’s summary dismissal of his petition for post-conviction relief. Chernobieff was convicted of a misdemeanor for d...
Date: January 26, 2021
Docket Number: 48268
Justia Opinion Summary: This appeal stemmed from a dispute between the presiding officers of the Idaho Legislature and the Idaho State Treasurer. The Speaker of the Idaho House of Representatives and the President Pro Tempore of the Idaho State...
Date: January 6, 2021
Docket Number: 47460
Justia Opinion Summary: Janet Heath appealed a district court order and judgment that granted Angela Palmer and Taylor Real Estate’s motion for summary judgment and dismissing her claims for negligence and breach of contract. The events that br...
Date: December 23, 2020
Docket Number: 47488
Justia Opinion Summary: Rockne Lee Hollingsworth brought a medical malpractice claim against a local hospital and doctor in Gem County, Idaho district court. The district court found Hollingsworth lacked due diligence in failing to determine th...
Date: December 22, 2020
Docket Number: 47483
Justia Opinion Summary: This case arose from a dispute over the ownership of Treasure Valley Manufacturing & Recycling, Inc., (“TVM”). Daniel Weitz appealed a district court order granting summary judgment in favor of David Weitz and John Tavar...
Date: December 22, 2020
Docket Number: 47602
Justia Opinion Summary: At issue before the Idaho Supreme Court in this matter was what portion of a military retirement benefit was subject to division following divorce. Specifically, the Court was asked to decide whether a 2017 amendment to...
Date: December 18, 2020
Docket Number: 47133
Justia Opinion Summary: Originally, Western Pacific Timber, LLC (WPT) was solely owned by Timothy Blixseth (Blixseth). Andrew Hawes contended Blixseth hired him to be general counsel for WPT in 2005, and that when he was hired, Blixseth agreed...
Date: December 10, 2020
Docket Number: 47548
Justia Opinion Summary: At the heart of this case was a highway right-of-way proposed and approved in 1908 by the Kootenai County Board of Commissioners (the Board), then purportedly abandoned in 1910. This appeal arose from a decision of the E...
Date: December 4, 2020
Docket Number: 47511
Justia Opinion Summary: This case involved a fee dispute between two attorneys arising from a purported fee-sharing agreement. The underlying case involved an airman in the U.S. Air Force who was injured while driving through Idaho on his way t...
