2005 Idaho Code - 1-2306 — ACTIONS BY OR AGAINST STATE OR LOCAL GOVERNMENT OFFICIALS OR AGENCIES

                                   TITLE  1
                          COURTS AND COURT OFFICIALS
                                  CHAPTER 23
                          SMALL CLAIMS DEPARTMENT OF
                           THE MAGISTRATE DIVISION
    1-2306.  ACTIONS BY OR AGAINST STATE OR LOCAL GOVERNMENT OFFICIALS OR
AGENCIES. (1) Except as specifically provided in this subsection, the state of
Idaho, any state agency, any political subdivision of the state of Idaho,
city, county, taxing district, or public corporation, along with any official
and employee thereof acting within their official capacity may be a party
plaintiff or defendant in any small claims action otherwise allowed by law.
Any state agency or other governmental entity which is a party to a small
claims action may appear as provided in subsection (2) of this section. The
governmental agency or entity may not appear through the office of the
attorney general, notwithstanding the provisions of section 67-1401, Idaho
Code, nor through any other attorney at law, whether an employee of the agency
or entity or otherwise. No action may be prosecuted in the small claims
department against the state of Idaho or any justice or judge thereof based
upon any act or omission alleged to have been committed by the justice or
judge while acting in an official capacity.
    (2)  Notwithstanding the provisions of section 1-2301, Idaho Code, a small
claims action filed against the state of Idaho, or any agency thereof, or any
official or employee of the state of Idaho while acting in an official
capacity shall be filed in the county of the plaintiff's residence, or if the
plaintiff is not a resident of the state of Idaho, in the county where the
cause of action arose. In either case, the plaintiff, in addition to service
on the defendant, shall serve the Idaho attorney general by certified or
registered mail. Prior to appearing in the defense of any small claims action,
the defendant public official, or chief executive officer of the defendant
agency, with the advice of the attorney general, shall designate in writing
the nonattorney employee or agent of the state who is authorized to appear in
defense of the action. The written designation shall be filed with the court.