Main menu

Idaho Criminal Rule 25.1. Death or Disability of Judge.  

(a) During trial. If by reason of death, sickness or other disability, the   judge or magistrate before whom a jury trial has commenced is unable to   proceed with the trial, any other qualified judge or magistrate, upon   agreement of the parties and upon certifying that the judge or magistrate   has familiarized himself or herself with the record of the trial, may   proceed with and finish the trial. If the parties do not agree to a   substitute judge or magistrate, the administrative district judge shall   order a new trial. 


(b) After verdict or finding of guilt. If by reason of absence, death,   sickness or other disability, the judge or magistrate before whom a   defendant has been tried is unable to perform the duties to be performed by   the court after a verdict or finding of guilt, any other qualified judge or   magistrate may perform those duties; but if such other judge or magistrate   is satisfied that he or she cannot perform those duties because he or she   did not preside at the trial or for any other reason, the judge or   magistrate may in his or her discretion grant a new trial. 


(Adopted March 30, 1984, effective July 1, 1984.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Daniel T. Eismann
Justice Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge John M. Melanson
Judge Molly J. Huskey



Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?