STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Court Administrative Rule 5.1.  Criminal Jurisdiction of Magistrate Judges; Assignment of Cases.

     (a) Cases Assignable to All Magistrate Judges. The following criminal proceedings may be assigned to a magistrate judge under Idaho Code § 1-2208:

          (1) arraignment, trial and sentencing in a misdemeanor;

          (2) proceedings pertaining to warrants for arrest or for searches and seizures;

          (3) initial appearance and setting of bail in a misdemeanor or felony proceeding; and 

  (4) the preliminary examination for a felony to determine probable cause and commitment before trial.

     (b) Assignment of Additional Cases to Magistrate Judge. The following cases may be assigned to a magistrate judge if approved by their administrative district judge (ADJ):

          (1) trial, related hearings, and sentencing in a felony after:

(i) an application by the ADJ; and

(ii) a Supreme Court order approving the assignment. 

          (2) extradition proceedings;

          (3) proceedings regarding fugitives from justice; and

          (4) the performance of a function of a United States magistrate judge when requested by federal authorities or courts. This assignment requires:

(i) an ADJ order recommending the assignment; and 

(ii) a Supreme Court order approving the assignment. 

     (c) Objection to Assignment of a Magistrate Judge.  

(1) Types of Objections. Objections may be made to:

(A) an irregularity in the method or scope of assignment of a criminal proceeding or action to a magistrate under this rule and Idaho Code §§ 1-2208 and 1-2210; or 

(B) to the propriety of a proceeding to a magistrate judge.  

(2) When objections must be made. Written objections must be made no later than 7 days after a notice setting the proceeding or action for trial, pre-trial, or hearing on a contested motion and before any contested matter has been submitted to the court for decision. 

(3) Improper assignment. No order or judgment is void or subject to collateral attack because a magistrate judge was improperly assigned to a proceeding. 

 
     (d) Special Assignment to Attorney Magistrate Judge.  The ADJ may order the appointment of an attorney magistrate judge to hear and try one or more proceedings or actions that are otherwise triable by a district judge. The magistrate judge must have the parties served with notice of the assignment.

(Adopted March 24, 2017; effective July 1, 2017; amended August 1, 2025, effective August 1, 2025.)