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Idaho Criminal Rule 25.1. Death or Disability of Judge

 

(a)  During Trial.  Any qualified judge may, on agreement of the parties, complete a jury trial if:

 

(1)  the judge before whom the trial began cannot proceed because of death, sickness, or other disability; and

 

(2)  the judge completing the trial certifies familiarity with the trial record.

 

If the parties do not agree to a substitute judge, the administrative district judge must order a new trial.

 

(b)  After Verdict or Finding of Guilty.

 

(1)  In General. After a verdict or finding of guilty, any qualified judge may complete the court’s duties if the judge who presided at trial cannot perform those duties because of absence, death, sickness, or other disability.

 

(2)  Granting a New Trial. The successor judge may grant a new trial if satisfied that:

 

(A)  a judge other than the one who presided at the trial cannot perform the post-trial duties; or

 

(B)  a new trial is necessary for some other reason.

 

(Adopted February 22, 2017, effective July 1, 2017.)

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 Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

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

 

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