District Court   

The Mission for Bingham County is to provide prompt, courteous, accessible services dedicated to ensuring equal justice in the resolution of civil matters, criminal prosecutions, or other court related services of the Seventh Judicial District.

Bingham County District Judge James C. Herndon holds court in other counties within the Seventh Judicial District during the third week of the month. During that week, District Judge John Shindurling of Bonneville County provides judicial support to Bingham County. Judge Herndon also serves as the District's Administrative Judge attending regular meetings with the Supreme Court in Boise.

The District Court has original jurisdiction in all cases and proceedings. Certain types of civil cases and serious criminal cases must be tried first in the District Court. Other civil (involving litigation under $10,000 and criminal misdemeanor proceedings) are assigned to the Magistrate's Division of the District Court, whose decisions may be appealed to the District Court. The District Court is also responsible for judicial review "of any act, order or proceeding" made by the Board of Bingham County Commissioners that aggrieves any person (Idaho Code § 31-1509). Decisions of the District Court may be appealed to the Supreme Court (Article, Section 9).

Magistrates' Division of the District Court   

The Magistrates' Division of the District Court was created in 1969. From the standpoint of local government, the most direct effect of their creation was the abolition of probate courts, justice courts, and police courts, and transfer of their powers to the District Court or the Magistrates' Division of the District Court (Idaho Code § 1-103). This reorganization of the court system established a single court system embracing all levels of judicial administration in the state.

Small Claims

Every Magistrate's Division has a "Small Claims Department of the Magistrate's Division" which has jurisdiction over cases for the recovery of money where the amount of each claim does not exceed $3,000 (Idaho Code § 1-2301).

Courts

District

782 - 3146

Magistrate

Civil Court (Divorces) & Small Claims 782-3123

Traffic Infractions 782-3120

Criminal Courts 782- 3118

Juvenile Courts 782-3119

Pre Trail Release Coordinator 782-3116

Court Services

The Clerk of the District Court performs duties prescribed in the Idaho Rules of Civil Procedure and in the rules and practices of the court. The clerk or a deputy must attend in person every term of the district court in the county to record entries, collect fees, and act as the clerical arm of the court under the instructions of the district court judge.

The clerk of the district court is required to collect all payments for child support ordered by any decree of divorce or order of separate maintenance and transmit the same to the person(s) entitled thereto. The clerk is also required to notify the prosecuting attorney of the county in which the decree is entered of any failure to comply with the terms of payment specified of any decree.

In case when a trial is transferred to a different county for a more impartial trial, the county where the action was initiated is responsible for the costs. The clerk of the court where the trial is moved certifies the changes to the auditor of the originating county who then pays the charges of the trial.

Jury Selection Responsibilities   

The Uniform Jury Selection and Service Act prescribes the role of the clerk of the district court in the jury selection process. The clerk, or duly appointed deputy, is the member of the jury selection commission, which selects prospective jurors. The jury commission has only one other member, a jury commissioner appointed by the administrative judge. The jury commission must prepare a master list consisting of all voter registration lists for the county supplemented with names from other lists of persons living within the county. These other lists are designated by the Supreme Court, and might include lists of utility customers, property taxpayers, motor vehicle registrations, and drivers' licenses. Names or numbers of prospective jurors taken from this master list are placed into a master jury wheel. If the master list contains more than 1,000 names, the number placed in the master jury wheel must be 1,000 plus one percent of the total numbers of names on the master list. In this case, the names to be placed in the master jury wheel are to be selected at random according to a method prescribed by law. The master jury wheel is to be emptied and refilled twice each year once in October and once in March.

Under the instruction of the administrative judge, the jury commission from time to time draws names of prospective jurors from the master jury wheel. the clerk must mail to each person whose name is chosen a juror qualification form which must be filled out and returned to the clerk within ten days. This qualification form, which must be approved by the administrative judge, must request the following information:

• Name, address of residence, and age of the prospective juror.
• Whether he/she is a citizen of the United States and a resident of the county.
• Whether he/she is able to read, speak and understand the English language.
• Whether he/she has any physical or mental disability impairing his/her capacity to render satisfactory jury service.
• Whether he/she has lost the right to vote because of a criminal conviction

The prospective jurors must complete these forms, and methods are provided to enforce compliance.

The jury commission into a qualified jury wheel places the names of prospective jurors who are not disqualified under the terms of the Uniform Jury Selection and Service Act. The jury commission may be directed to draw and assign qualified jurors by the court or any state or county official having the authority to conduct a trial or hearing with a jury within the county. The clerk then causes each person whose name is so chosen to be served with a summons requiring him/her to report for jury service at a specified time and place.

Jury Information

Phone: 782 - 3164

Jury Summons: 782-0569

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