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: May 22, 2023
Docket Number: 49136
Justia Opinion Summary: This appeal arose after a trial in which Appellant Douglas Bagby argued that a transaction between Respondents Joseph and Hilary Davis was intended to hinder, delay, or defraud Bagby in his efforts to collect on a $5…
Date: May 17, 2023
Docket Number: 49126
Justia Opinion Summary: Idaho Power Company and Avista Corporation (collectively the “Companies”) contested the the Idaho State Tax Commission (the “Commission”), in its capacity as the State Board of Equalization, assessments of their…
Date: May 17, 2023
Docket Numbers: 49184, 49522
Justia Opinion Summary: Taunton Properties, LLC owned 63 townhomes and 3.8 acres of adjacent land in Eagle, Idaho. In 2020, Commercial Northwest, Taunton’s property manager and agent, provided Geringer Capital with documents regarding the…
Date: May 12, 2023
Docket Number: 49463
Justia Opinion Summary: This appeal concerned a district court’s award of attorney fees to Burns Concrete, Inc., and Burns Holdings, LLC (collectively “Burns”). After extensive litigation, Burns prevailed on the merits of its claims and…
Date: May 4, 2023
Docket Number: 49187
Justia Opinion Summary: In 2018, Terri Richardson Mattson (“Mattson”) and her husband filed this action against the Idaho Department of Health and Welfare, and its employee, Laurie Gallegos, a certified physician assistant (“Defendants”),…
Date: May 2, 2023
Docket Number: 50208
Justia Opinion Summary: Michael Reid appealed a magistrate court’s decision modifying the custody and visitation schedule involving his minor child whose custody he shared with his ex-wife, Victoria Plasse. Both parties moved to modify the…
Date: March 30, 2023
Docket Number: 49108
Justia Opinion Summary: Redginald Laren appealed the district court’s denial of his motion for reconsideration following the grant of summary judgment in favor of Krystal Demoney-Hendrickson and the Estate of Cynthia K. Juker. In 1994, Larsen…
Date: March 28, 2023
Docket Number: 48743
Justia Opinion Summary: A group of pro se aggrieved property owners dubbed “Riverton Citizens Group,” timely filed a petition for judicial review challenging the Bingham County Commissioners’ (“the County”) decision to grant a zone change…
Date: March 24, 2023
Docket Number: 48570
Justia Opinion Summary: Appellants Brett and Jenny Terrell appealed a district court’s decision to grant Respondent Paradis de Golf Holding, LLC attorney fees under Idaho Code section 12-120(3). In February 2020, the “Terrells”) sued Paradis…
Date: March 24, 2023
Docket Number: 48919
Justia Opinion Summary: This case concerned a partition action: the district court determined that a physical partition of the property would result in great prejudice and ordered the parties to sell the property and split the proceeds equally.…
Date: March 22, 2023
Docket Number: 48922
Justia Opinion Summary: This appeal concerned the existence of an easement across a lot (“Lot 20”) in the Greenbriar Estates subdivision. In 2004, John Esposito acquired two adjacent parcels of land. The northern parcel contained a mini storage…
Date: March 21, 2023
Docket Number: 49175
Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court's review centered on a residence in the Boise foothills that was damaged by a landslide, which ultimately prevented the builder from obtaining a certificate of…
Date: March 20, 2023
Docket Number: 49343
Justia Opinion Summary: Appellants were residents of Blaine County, Idaho (the “County”) who opposed a modified conditional use permit that the County granted to Idaho Power to install above-ground power lines. After the County denied…
Date: March 15, 2023
Docket Number: 49537
Justia Opinion Summary: Stephanie Owens appealed a district court’s order affirming the findings of fact and conclusions of law made by the Ada County Board of Commissioners (the “Board”) in which it determined that Owens was an “applicant”…
Date: March 7, 2023
Docket Number: 49176
Justia Opinion Summary: BrunoBuilt, Inc., was constructing a custom home on a vacant lot in 2016 when a landslide occurred beneath the Terra Nativa subdivision in the Boise foothills. Following damage to the lot, BrunoBuilt filed a professional…
