Page:Idaho State Constitution 2017.pdf/18

20 district attorneys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law.

SECTION 12. RESIDENCE OF JUDGES — HOLDING COURT OUT OF DISTRICT — SERVICE BY RETIRED JUSTICES AND JUDGES. Every judge of the district court shall reside in the district for which he is elected. A judge of any district court, or any retired justice of the Supreme Court or any retired district judge, may hold a district court in any county at the request of the judge of the district court thereof, and upon the request of the governor, or of the chief justice, and when any such request is made or approved by the chief justice it shall be his duty to do so; but a cause in the district court may be tried by a judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, and sworn to try the cause. Any retired justice or district judge may sit with the Supreme Court and exercise the authority of a member thereof in any cause in which he is requested by that court so to do, and when requested by the chief justice shall perform such other duties pertaining to the judicial department of government as directed. Compensation for such service shall be as provided by the legislature.

SECTION 13. POWER OF LEGISLATURE RESPECTING COURTS. The legislature shall have no power to deprive the judicial department of any power or jurisdiction which rightly pertains to it as a coordinate department of the government; but the legislature shall provide a proper system of appeals, and regulate by law, when necessary, the methods of proceeding in the exercise of their powers of all the courts below the Supreme Court, so far as the same may be done without conflict with this Constitution, provided, however, that the legislature can provide mandatory minimum sentences for any crimes, and any sentence imposed shall be not less than the mandatory minimum sentence so provided. Any mandatory minimum sentence so imposed shall not be reduced.

SECTION 14. SPECIAL COURTS IN CITIES AND TOWNS. The legislature may provide for the establishment of special courts for the trial of misdemeanors in incorporated cities and towns, where the same may be necessary.

SECTION 15. CLERK OF SUPREME COURT. The clerk of the Supreme Court shall be appointed by the court, and shall hold his office during the pleasure of the court. He shall receive such compensation for his services as may be provided by law.

SECTION 16. CLERKS OF DISTRICT COURTS — ELECTION — TERM OF OFFICE. A clerk of the district court for each county shall be elected by the qualified voters thereof at the time and in the manner prescribed by law for the election of members of the legislature, and shall hold his office for the term of four (4) years.

SECTION 17. SALARIES OF JUSTICES AND JUDGES. The salary of the justices of the Supreme Court, the salary of judges of the court of appeals, the salary of the judges of the district court and the salary of magistrate judges shall be as provided by statute, and no justice of the Supreme Court, judge of the court of appeals, judge of the district court or magistrate judge, shall be paid his salary, or any part thereof, unless he shall have first taken and subscribed an oath that there is not in his hands any matter in controversy not decided by him which had been finally submitted for his consideration and determination, thirty days prior to the taking and subscribing such oath.

SECTION 18. PROSECUTING ATTORNEYS — TERM OF OFFICE — QUALIFICATIONS. A prosecuting attorney shall be elected for each organized county in the state, by the qualified electors of such county, and shall hold office for the term of two years, and commencing with the general election in 1984 shall hold office for the term of four years, and shall perform such duties as may be prescribed by law; he shall be a practicing attorney at law, and a resident and elector of the county for which he is elected. He shall receive such compensation for services as may be fixed by law.

SECTION 19. VACANCIES — HOW FILLED. All vacancies occurring in the offices provided for by this article of the Constitution shall be filled as provided by law.

SECTION 20. JURISDICTION OF DISTRICT COURT. The district court shall have original jurisdiction in all cases, both at law and in equity, and such appellate jurisdiction as may be conferred by law.

SECTION 21. JURISDICTION OF PROBATE COURTS. Repealed General Election November 6, 1962, HJR No. 10, Session 1961.

SECTION 22. JURISDICTION OF JUSTICES OF THE PEACE. Repealed General Election November 6, 1962, HJR No. 10, Session 1961.