The District Judges of the Sixth Judicial District,
consolidate prior orders, clarify jurisdictional assignments, re-set law and
motion days for the respective counties and refine the rules of the District
Court and the rules for the Magistrates Division;
Now, therefore, it is hereby ordered:
1. Designation of Presiding Judges.
District Judges Peter D. McDermott, Stephen S. Dunn and David C. Nye are the
presiding district judges in Bannock County. Hon. Peter D. McDermott shall
be the presiding district judge in Power County. Hon. Mitchell W. Brown shall
be the presiding district judge in Bear Lake, Caribou, and Franklin Counties. Hon.
David C. Nye shall be the presiding judge for Onieda County.
2. Assignment of Cases in Bannock County.
In Bannock County, all cases assigned to the Sixth District Court shall at the
time of filing, be assigned by the Clerk to a specific judge on a rotating
basis. Nothing in the preceding shall prevent the assignment of civil and
criminal cases in any County to any judge as the said judges might determine is
necessary to expeditiously handle the caseload.
3. Law and Motion Days. Law and Motion
Days for District Judges are established for each County as follows:
Bannock County Civil Proceedings
Judge Dunn......................Each Monday at 1:30 p.m.
Judge McDermott..........Each Monday at 1:30 p.m.
Judge Nye....................... Each Monday at 9:00 a.m.
Judge Brown................2nd Monday at 9:00 a.m.
Criminal (Arraignments and other criminal proceedings)
Each Monday at 8:30 a.m.
Each Monday at 9:30 a.m.
Each Monday at 1:30 p.m.
Bear Lake County......Thursdays before 2nd and 4th
Fridays at 10:00 a.m.
Caribou County.........1st and 3rd Fridays at 10:00 a.m.
Franklin County........2nd and 4th Fridays at 10:00 a.m.
Oneida County...........2nd Friday of each month at 9:30
Power County............1st Tuesday of each month at 9:30
4. Law and Motion Day for Magistrates. Law and Motion
Days for Magistrates are scheduled in each county as follows:
Hon. Gaylen L. Box
Hon. Rick Carnaroli
Hon. Bryan K. Murray
Hon. Robert C. Naftz
Hon. Steven A. Thomsen
Civil - Mondays at 9:30 a.m.
Criminal - daily at 1:30 pm
Special Proceedings-2nd & 4th Tues. at 9:00 a.m.
Bear Lake County
Hon. O. Lynn Brower
Civil - Fridays at 10 a.m.
Criminal - Wed at 9:30 a.m. in Montpelier
Hon. Ronald M. Hart
Criminal - Wednesdays
Civil - Mondays and Thursdays
Hon. Eric S. Hunn
Criminal - 2nd & 4th Fridays at 9 a.m.
Civil - scheduled throughout the week
Hon. David L. Evans
Criminal - Tuesday at 9:15 a.m.
Civil - scheduled throughout the week
Hon. Paul S Laggis
Arraignment - Monday at Noon
Juveniles on Monday at 3:15 p.m.
Civil - scheduled throughout the week
5. Special Proceedings in Bannock County. All cases
in Bannock County involving mental hearings; Juvenile Corrections Act; proceedings
under the Child Protection Act, termination of parental rights; contested adoptions
arising from the Prosecutor's office and/or the Department of Health and Welfare;
guardianship/conservatorships cases arising from Child Protection Act actions;
and any drug, alcohol and misdemeanor charges for youth under age 18, shall
be heard by Hon. Bryan K Murray. Special proceedings, which include private
adoptions, petitions to compromise a minor's claim, and general guardianship
and conservatorships, shall be heard by Hon. Ronald M. Hart. All calendaring
for Judge Hart's special proceedings shall be made by calling Deputy Clerk
Laurie Hernandez at (208) 236-7355. Hon. Gaylen L. Box and Hon. R. Carnaroli
shall hear estate and probate matters.
6. Supplemental Proceedings. All supplemental
proceedings are assigned to the judge assigned to the case.
7. Jurisdiction of Attorney Magistrates. Jurisdiction
is hereby granted and the following classes or categories of cases are hereby
assigned to all Attorney Magistrate Judges of the Sixth Judicial District:
A. All matters designated in Rule 82(c)(1)(A) and
82(c)(2)(A)(B)(C) and (E) of the Idaho Rules of Civil Procedure or section
1.2208, Idaho Code, as being within the jurisdiction or assignable to attorney
8. Small Claims Department. Pursuant to the provisions
of section 1-2301, Idaho Code, there is hereby created a Small Claims Department
of the Magistrates Division which shall have jurisdiction only in cases for the
recovery of money where the amount of each claim does not exceed $5,000.00.
9. Mandatory Pretrial Conferences in Bannock County. A
mandatory pretrial conference will be held for every proceeding under the Idaho
Traffic Infraction Act and all misdemeanor actions in which a plea of not guilty
has been received. Notice of the time and place of the pretrial conference and
the Judge assigned to preside will be given upon entry of the not guilty plea.
10. Proceedings to Modify Decree of Divorce. All
proceedings to modify a decree of divorce shall be commenced by a motion to
modify the decree in the form of a complaint that reopens the court file under
the same number of the original pleading. The motion requesting modification
shall be served on the opposing party along with a summons as provided by Rule 4
of these rules. The Idaho Rules of Civil Procedures thereafter shall govern
procedures as though prosecuted as an original complaint.
11. Pretrial Release Program Established. A pretrial
release program is established in Bannock County under the supervision of the
Administrative Judge operated by the Court Services Division under guidelines
established by Administrative Order 94-1, which is available through the Trial
Court Administrator's Office.
12. Jury Service. The assignment of jurors to Courts,
postponing and excusing of individual jurors in Bannock County shall be under
the direction of the Jury Commissioner to be appointed and subject to the
supervision of the Administrative Judge or his designee.
13. Jury Selection. Except as otherwise ordered by
the Court in a specific case, all juries will be selected by the Struck Jury
System in accordance with Rule 47(I) of the Idaho Rules of Civil Procedure. The
initial panel will be selected by drawing a total number of jurors equal to the
number which will sit on the case, plus alternates (if any), plus the total
number of peremptory challenges. The courts will first voir dire the initial
panel. The attorney for the plaintiff will first have the opportunity to voir
dire the panel. However he must finish the entire panel before the attorney for
the defendant proceeds.
Either attorney may voir dire the panel in gross or
individually or some combination thereof. However, when the plaintiff and the
defendant have completed their questioning, they must pass the entire panel for
cause. Any jurors excused for cause during voir dire will be replaced by a new
venireman who will move directly into the seat of the juror excused. After all
peremptory challenges have been exercised, the jurors sitting in the lowest
number of seats equal to the number of jurors plus alternates, who will sit on
the case, will constitute the jury panel.
14. Mediation. Pursuant to Idaho Rules of Civil
Procedure 16(C)12 mediation will be seriously considered when child custody and
visitation issues are involved. Mandatory attendance at a parenting education
course is required in Bannock County for all parties filing divorces that
involve children under age 18 and for all proceedings that involve child custody
issues. Judges in other counties within the Sixth Judicial District may order
15. Service on Non-Resident Judge. If the office of a
presiding judge or magistrate is outside the county in which an action is
pending, the parties shall comply with the requirement of Rule 5(d)(3) of the
Idaho Rules of Civil Procedure with respect to the additional lodging of briefs,
motions, notices of hearing, orders to show cause and proposed instructions with
the presiding judge in the county where he or she resides. Failure to comply
with ICRP 5(d)(3) shall, in the Court's discretion, result in the postponement
of any scheduled hearings or other proceedings to be held in the action.
16. District Trial Court Administrator. The Trial
Court Administrator shall be responsible for caseload management, assignment of
Magistrates, supervision of the Clerk's Deputy Clerks in the discharge of
clerical functions of the Courts, supervising the jury system and District
Courts' budgets along with other duties set forth by the Administrative District
Judge and the Administrative Director of the Courts.
17. Filing Court Documents by Fax. The Idaho Supreme
Court has adopted rules which allow filing and service of documents by FAX in
civil and criminal cases, as well as appeals. These rules became effective on
January 1, 1990. The clerk shall stamp the FAXED copy as the original and the
signature of the attorney on the FAXED copy shall constitute compliance with the
rule requiring all pleadings to be signed by an attorney. Documents may only be
filed by FAX if no filing fee is required, only during normal working hours and
only if there is a FAX machine in the office of the filing court clerk. The FAX
copy of the document will serve as the original. The FAX numbers of courthouses
within the Sixth Judicial District are as follows:
Bannock Court Record's Office
Bear Lake County Courthouse
Caribou County Courthouse
Franklin County Courthouse
Oneida County Courthouse
Power County Courthouse
This order supersedes all prior orders of the court referring
to the matters contained herein and is effective from and after the 21st day
November, 2008 .
Peter D McDermott, Administrative District Judge
Stephen S. Dunn, District Judge
Mitchell W. Brown, District Judge
David C. Nye , District Judge
Suzanne H. Johnson, Trial Court Administrator