2005 Idaho Code - 1-2206 — MAGISTRATES -- QUALIFICATIONS -- INSTITUTE -- EXCEPTIONS -- OFFICE APPOINTIVE

                                   TITLE  1
                          COURTS AND COURT OFFICIALS
                                  CHAPTER 22
                          MAGISTRATE DIVISION OF THE
                                DISTRICT COURT
    1-2206.  MAGISTRATES -- QUALIFICATIONS -- INSTITUTE -- EXCEPTIONS --
OFFICE APPOINTIVE. (1) A magistrate shall be a qualified elector of the state
of Idaho. He shall reside in the county for which he is appointed so long as
he serves as magistrate.
    (2)  No person shall be eligible for appointment to the office of
magistrate unless he is a graduate of a high school or has attained the
equivalent of a high school education as indicated by the possession of a
certificate of equivalency issued by the state department of education based
upon the record made on the general education development test and unless he
shall have attained the age of thirty (30) years prior to taking office,
provided that in addition no person shall be eligible for appointment as an
attorney magistrate unless prior to taking office he shall have been admitted
to the practice of law for at least five (5) years and is currently licensed
to practice law in the state of Idaho.
    (3)  Magistrates shall not take office for the first time as magistrates
until they have attended an institute on the duties and functioning of the
magistrate's office to be held under the supervision of the Supreme Court,
unless such attendance is waived by the Supreme Court. All magistrates shall
be entitled to their actual and necessary expenses while attending institutes.
The Supreme Court will establish the institute to which this subsection refers
and will provide that the institute be held at such other times and for such
other purposes as it deems necessary and may require the attendance of
magistrates.
    (4)  Notwithstanding the provisions of subsection (2) of this section, all
magistrates holding office on the effective date of this act shall be eligible
for appointment to the office of magistrate and for retention in office
pursuant to section 1-2220, Idaho Code.