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Idaho Supreme Court

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Idaho Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
Court Information
Justices: 5
Founded: 1890
Location: Boise
Salary
Associates: $169,508[1]
Judicial Selection
Method: Nonpartisan election
Term: 6 years
Active justices
G. Richard Bevan, Robyn Brody, Cynthia Meyer, Gregory W. Moeller, Colleen Zahn


Founded in 1890, the Idaho Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is G. Richard Bevan.

As of January 2023, four judges on the court were appointed by a Republican governor and one judge was initially selected in an election.

The court meets in the Supreme Court Building in Boise, Idaho.[2]

In Idaho, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.

Jurisdiction

The 1890 Idaho Constitution gives the Idaho Supreme Court the authority to hear appeals of the final rulings of the district courts, as well as from orders from the Public Utilities Commission, Industrial Accident Commission and the Idaho Industrial Commission. The court has original jurisdiction to hear cases against the state and to issue writs of review, mandamus, prohibition, and habeas corpus, and all writs necessary for complete exercise of its appellate jurisdiction. Parties may make a further appeal to the supreme court from the Idaho Court of Appeals, or the court may choose to review a decision of the court of appeals.[3]

The supreme court is responsible for the administration and supervision of lower courts, the Administrative Office of the Courts, and the state law library. The supreme court also supervises and regulates the state bar.[4]

The following text from Article V, Section 9 of the Idaho Constitution covers the organization and jurisdiction of the court:

Original and Appellate Jurisdiction of Supreme Court

The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public utilities commission, any order of the industrial accident board, and any plan proposed by the commission for reapportionment created pursuant to section 2, article III; the legislature may provide conditions of appeal, scope of appeal, and procedure on appeal from orders of the public utilities commission, of the industrial accident board. On appeal from orders of the industrial accident board the court shall be limited to a review of questions of law. The Supreme Court shall also have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction. [5]

Idaho Constitution, Article V, Section 9

Justices

The table below lists the current judges of the Idaho Supreme Court, their political party, when they assumed office, and the appointing governor.


Office Name Party Date assumed office Appointed by
Idaho Supreme Court G. Richard Bevan Nonpartisan 2017 Butch Otter (R)
Idaho Supreme Court Robyn Brody Nonpartisan January 2, 2017 Elected
Idaho Supreme Court Cynthia Meyer Nonpartisan January 5, 2024 Brad Little (R)
Idaho Supreme Court Gregory W. Moeller Nonpartisan 2019 Butch Otter (R)
Idaho Supreme Court Colleen Zahn Nonpartisan July 1, 2021 Brad Little (R)


Judicial selection

See also: Judicial selection in Idaho


The five justices of the Idaho Supreme Court are elected in nonpartisan elections. They serve six-year terms, after which they must seek re-election if they wish to retain their seat. To learn more about these elections, visit the Idaho judicial elections page.[6]

Qualifications

To serve on the supreme court, a judge must:

  • be at least 30 years old;
  • be a U.S. citizen;
  • be an Idaho resident for at least two years;
  • be in good standing as an active or judicial member of the state bar for at least two years; and
  • a licensed attorney for at least 10 years.[6]

Chief justice

The chief justice of the supreme court is selected by peer vote to serve a four-year term. [6]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.[6]

The map below highlights how vacancies are filled in state supreme courts across the country.


Elections

See also: Idaho Supreme Court elections

2024

See also: Idaho Supreme Court elections, 2024

The term of one Idaho Supreme Court justice expired on January 6, 2025. One seat was up for nonpartisan election on May 21, 2024. A runoff was scheduled for November 5, 2024. The filing deadline was March 15, 2024.


Candidates and results

General election

General election for Idaho Supreme Court

Incumbent G. Richard Bevan won election in the general election for Idaho Supreme Court on May 21, 2024.

Candidate
%
Votes
Image of G. Richard Bevan
G. Richard Bevan (Nonpartisan)
 
100.0
 
215,306

Total votes: 215,306
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

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2022

See also: Idaho Supreme Court elections, 2022

The terms of two Idaho Supreme Court justices expired on January 2, 2023. The two seats were up for nonpartisan election on May 17, 2022. A runoff was scheduled for November 8, 2022.

Candidates and election results

Zahn's seat

General election

General election for Idaho Supreme Court

Incumbent Colleen Zahn won election in the general election for Idaho Supreme Court on May 17, 2022.

Candidate
%
Votes
Image of Colleen Zahn
Colleen Zahn (Nonpartisan)
 
100.0
 
221,658

Total votes: 221,658
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Brody's seat

General election

General election for Idaho Supreme Court

Incumbent Robyn Brody won election in the general election for Idaho Supreme Court on May 17, 2022.

Candidate
%
Votes
Image of Robyn Brody
Robyn Brody (Nonpartisan)
 
100.0
 
221,501

Total votes: 221,501
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.


2020

See also: Idaho Supreme Court elections, 2020

The terms of two Idaho Supreme Court justices expired on January 4, 2021. The two seats were up for nonpartisan election on May 19, 2020. A runoff election was scheduled for November 3, 2020.[7]

Candidates and election results

Moeller's seat

General election candidates

Stegner's seat

General election candidates



2018

See also: Idaho Supreme Court elections, 2018

The term of one Idaho Supreme Court justice expired on January 6, 2019. That justice stood for nonpartisan election by voters in 2018 in order to remain on the bench. The general election took place on May 15, 2018. G. Richard Bevan was retained.

Candidates and results

Bevan's seat

G. Richard Bevan (Incumbent, unopposed)Approveda

2016

Two seats on the Idaho Supreme Court were up for election in 2016. These seats were held by Chief Justice Jim Jones and Justice Roger Burdick heading into the election.

Justice Burdick ran unopposed on May 17 and won re-election.

Justice Jones did not stand for re-election. Robyn Brody and Curt McKenzie competed in a runoff election for Jones' seat on November 8; Brody defeated McKenzie.

Candidates

Jim Jones' seat

Robyn Brody Green check mark transparent.png
Curt McKenzie

Defeated in primary

Sergio Gutierrez
Clive Strong

Withdrawn

Christ Troupis
William Seiniger

Roger Burdick's seat

Roger Burdick Green check mark transparent.png (Incumbent/Unopposed)

Election Results

November 8 runoff election

Robyn Brody defeated Curt McKenzie in the runoff for the Idaho Supreme Court, Jones' seat.

Idaho Supreme Court, Jones' Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Robyn Brody 53.80% 298,983
Curt McKenzie 46.20% 256,719
Total Votes (100% reporting) 555,702
Source: Idaho Secretary of State Official Results

May 17 general election

Idaho Supreme Court, Justice Jones' Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Robyn Brody 30.29% 45,282
Green check mark transparent.png Curt McKenzie 27.66% 41,348
Sergio Gutierrez 21.37% 31,944
Clive Strong 20.68% 30,921
Total Votes (938 of 938: 100%) 149,495
Source: Idaho Secretary of State Official Results
Idaho Supreme Court, Justice Burdick's Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Roger Burdick Incumbent (unopposed) 100.00% 135,592
Total Votes (938 of 938: 100%) 135,592
Source: Idaho Secretary of State Official Results

Appointments

2023

See also: Idaho Supreme Court justice vacancy (October 2023)

Governor Brad Little (R) appointed Cynthia Meyer to serve on the Idaho Supreme Court. Meyer was sworn in on January 5, 2024. Meyer replaces Justice John R. Stegner, who retired on October 31, 2023, citing his desire to return to private practice.[8] Stegner's replacement is Governor Little's second nominee to the five-member supreme court.

In Idaho, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.

If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.[6]

2021

See also: Idaho Supreme Court justice vacancy (June 2021)

Idaho Governor Brad Little (R) appointed Colleen Zahn to the Idaho Supreme Court on June 1, 2021. Zahn succeeded Roger Burdick, who retired on June 30, 2021. Zahn was Gov. Little's first nominee to the five-member supreme court.[9][10]

At the time of the vacancy, an interim judge was appointed by the governor from a list of two to four names provided by a nominating commission in the event of a midterm vacancy, under Idaho law. The judge would serve out the remainder of the unexpired term, after which they would have to run in a nonpartisan election to remain on the court.[11]

2018

See also: Idaho Supreme Court justice vacancy (December 2018)

Idaho Supreme Court Justice Joel Horton retired on December 31, 2018.[12] He joined the court in September 2007.
Under Idaho law, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission if a midterm vacancy occurs on the court. At the end of the term, the appointed judge must be elected in nonpartisan elections to retain the seat for a six-year term.

Horton's replacement was Gov. Butch Otter's (R) fourth nominee to the five-member supreme court.

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year. As of September 2024, data more recent than 2014 was not available online.

Idaho Supreme Court caseload data
Year Filings Dispositions
2015 90 139
2014 163 126
2013 145 120
2012 123 104
2011 160 169
2010 164 356
2009 173 217
2008 938 350
2007 936 365

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

  • We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
  • We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
  • We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
  • We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

  • Number of justices: 5
  • Number of cases: 140
  • Percentage of cases with a unanimous ruling: 90.0%% (126)
  • Justice most often writing the majority opinion: Justice G. Richard Bevan (29)
  • Per curiam decisions: 0
  • Concurring opinions: 8
  • Justice with most concurring opinions: Justice John Stegner (5)
  • Dissenting opinions: 14
  • Justice with most dissenting opinions: Justice John Stegner (8)

For the study's full set of findings in Idaho, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Ballotpedia Courts State Partisanship navigation ad.png Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[13]
  • Mild Republican
  • Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[14]

Idaho had a Court Balance Score of 7, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Idaho was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Idaho received a score of 0.75. Based on the justices selected, Idaho was the 5th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[15]

Noteworthy cases

For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Ethics

The Idaho Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Idaho. It consists of five overarching canons:

  • Canon 1: A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety.
  • Canon 2: A judge shall perform the duties of judicial office impartially, competently, and diligently.
  • Canon 3: A judge shall conduct the judge's personal and extrajudicial activities in such manner as to minimize the risk of conflict with the obligations of judicial office.
  • Canon 4: A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, and impartiality of the judiciary.[5]

The full text of the Idaho Code of Judicial Conduct can be found here.

Removal of judges

Judges in Idaho may be removed in one of two ways:

  • The Idaho Judicial Council may investigate a complaint against an Idaho judge and then recommend to the supreme court that the judge should face discipline, removal, or retirement. The supreme court may then review the recommendation and investigate further before determining whether to reject the recommendation, or order discipline, removal or retirement of the judge.
  • Impeachment by a majority vote of the Idaho House of Representatives and conviction by a two-thirds vote of the Idaho State Senate.[16]

History of the court

Idaho Supreme Court building in Boise, Idaho

Idaho became a part of the Oregon territory in 1848. The territory encompassed much of present-day Oregon, Washington, and Idaho. A territorial government was put into operation in 1849 that included a supreme court, district courts, probate courts, and justices of the peace, as provided in the Territorial Act. The supreme court consisted of three justices, appointed by the U.S. president with consent of the U.S. senate, for four-year terms. The territory was divided into three circuits and the justices were required to ride circuit as district court judges throughout the year. Appeals of district court decisions were heard by the territorial supreme court. Appeals from the territorial supreme court were taken to the U.S. Supreme Court.[17][18] Idaho became a territory of its own with the Organic Act of March 3, 1863. A territorial supreme court was created in the Organic Act and the territory was divided into three judicial districts. Three judges, nominated by President Abraham Lincoln, served four-year terms in the territory and constituted the territorial supreme court. This meant that appointed judges sat on appeals of their own decisions as the court of last resort. The supreme court was required to hold at least one term each year in the territorial capital. The first court business occurred in January 1866 and this judicial system existed until Idaho achieved statehood. In its existence, the territorial supreme court heard a total of 283 cases.[19]

With the achievement of statehood on July 4, 1890, the supreme court was created through the Idaho Constitution. The constitution called for three justices, elected by state voters at-large, for terms of six years.[20]

In 1920 state voters passed an amendment Idaho Increase Supreme Court Membership, HJR 6 (1920) increasing the number of justices on the supreme court to five. This is the present size of the court. Justices continue to be elected in statewide nonpartisan elections for terms of six years.[21]

It holds terms of court in Boise, Coeur d'Alene, Moscow, Lewiston, Pocatello, Rexburg, Idaho Falls, Caldwell, and Twin Falls. The court's permanent home is in Boise.[22]

Courts in Idaho

See also: Courts in Idaho

In Idaho, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes.

The image below depicts the flow of cases through Idaho's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Idaho's state court system.

Party control of Idaho state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Idaho has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

See also

Idaho Judicial Selection More Courts
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Courts in Idaho
Idaho Court of Appeals
Idaho Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Idaho
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief justice may be higher than an associate justice.
  2. State of Idaho Judicial Branch, "History & Procedures of the Idaho Supreme Court," accessed September 14, 2021
  3. State of Idaho Judicial Branch, "Supreme Court," accessed September 14, 2021
  4. Idaho State Bar,"Idaho Bar Commission Rules," accessed June 14, 2024
  5. 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. 6.0 6.1 6.2 6.3 6.4 National Center for State Courts, "Methods of Judicial Selection," accessed September 14, 2021
  7. Idaho Secretary of State, "Election Calendars: 2020 Election Calendar," accessed July 26, 2019
  8. State of Idaho Judicial Branch, "Idaho Supreme Court Justice John Stegner to Retire," accessed December 7, 2023
  9. Idaho News 6, "Idaho Supreme Court justice Roger Burdick announces resignation," February 7, 2021
  10. Idaho, Office of the Governor, "Gov. Little appoints Colleen Zahn to Idaho Supreme Court," June 1, 2021
  11. American Judicature Society, "Methods of Judicial Selection: Idaho," archived October 2, 2014
  12. The Associated Press, "Idaho Supreme Court justice to retire at end of year," June 29, 2018
  13. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  14. The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
  15. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  16. National Center For State Courts, "Methods of Judicial Selection: Removal of Judges," accessed May 23, 2015
  17. State of Oregon Law Library,"Oregon Courts Under the Territorial Government," accessed June 25, 2024
  18. State of Oregon Law Library,"Oregon Courts Under the Territorial Government," accessed June 25, 2024
  19. Hein Online,"Judicial History of Idaho," accessed June 14, 2024
  20. Idaho Legislature,"Idaho Constitution," accessed June 14, 2024
  21. Idaho Legislature,"Idaho Constitution," accessed June 14, 2024
  22. Idaho Secretary of State,"Judicial Branch," accessed June 14, 2024