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Lesson 1 of 10 · about 24 minutes

How Courts and Court Records Work in Idaho

You'll be able to

  • Name the four levels of Idaho's state courts and say which kinds of cases start in the magistrate division and which in district court
  • Tell a state case from a federal case and know which clerk's office holds each
  • Explain what Idaho Court Administrative Rule 32 counts as a court record and how that differs from a court's administrative records
  • Identify the elected official who keeps trial court records in each Idaho county
  • Explain the legal basis for open courts in Idaho: Article I, section 18, I.C.A.R. 32 and the U.S. Supreme Court's access cases
  • Use a case-type map to decide where to search before spending time or money

Start here: the short version

  • Idaho has one unified state court system: the magistrate division and the district court in every county, then the Court of Appeals and the Supreme Court. Every county belongs to one of seven judicial districts.
  • Most cases people care about locally (misdemeanors, traffic, small claims, divorce, evictions, probate, juvenile) live in the magistrate division. Felonies and bigger civil cases go to district court.
  • Trial court records are kept by the clerk of the district court, the elected official most people call the county clerk. Appeals are kept by the Clerk of the Supreme Court.
  • Federal courts in Idaho (the U.S. District Court, the Bankruptcy Court and the Ninth Circuit) are a separate system with separate records, searched through PACER.
  • Court records are presumed open under Article I, section 18 of the Idaho Constitution and Idaho Court Administrative Rule 32, with listed exceptions.

Most court research goes wrong at the first step: looking in the wrong court. A name typed into the wrong search box returns nothing, and "nothing" gets reported as "no record." This lesson builds the map. Later lessons cover the tools: the iCourt portal, the access rules, reading a docket, criminal and civil files, sealed records, PACER and appellate opinions.

This module is general education about public records and court procedure. It is not legal advice about any person's case.

One court system, four levels

Idaho's constitution vests the judicial power in a Supreme Court, district courts and "such other courts inferior to the Supreme Court as established by the legislature," and says the courts "shall constitute a unified and integrated judicial system for administration and supervision by the Supreme Court" (Article V, section 2). The word unified matters for records. Every county runs the same case management software, follows the same court rules and answers records requests under the same rule. A request that works in one county should work in the other 43.

The Idaho Supreme Court's About the Courts page describes four kinds of courts. Two are trial courts, where cases start and evidence is heard. Two are appellate courts, which review the record from below and do not hold trials.

CourtWhere it sitsWho decidesWhat it doesLaw that creates it
Magistrate division of the district courtEvery countyMagistrate judgesMisdemeanors, infractions, small claims, family, probate, juvenile, evictions, smaller civil cases, first hearings in feloniesIdaho Code 1-2201
District courtEvery county, grouped in seven judicial districtsDistrict judgesFelonies, larger civil cases, appeals from the magistrate division, judicial review of some agency decisionsArticle V, section 20; Idaho Code 1-701
Court of AppealsBoiseFour judges, sitting in panels of threeAppeals the Supreme Court assigns to itIdaho Code 1-2404 and 1-2406
Supreme CourtBoiseFive justices, one chosen by the others as chief justiceFinal word on Idaho law; supervises the whole court system and writes its rulesArticle V, section 6; Idaho Code 1-201

The magistrate division

The Legislature created a magistrate division of the district court in each county in 1969. It is part of the district court, which is why the case header on a misdemeanor says "In the District Court of the ... Judicial District ... Magistrate Division." For a records researcher, this is where volume lives. The Supreme Court's own list of magistrate work includes traffic and infraction cases, misdemeanors, preliminary hearings in felonies, small claims, civil actions valued at up to $10,000, landlord-tenant cases, probate, guardianships and conservatorships, juvenile cases and family law.

Idaho Code 1-2208 sets the statutory list of matters an administrative district judge may assign to magistrates: money cases up to a dollar limit, evictions (unlawful detainer), probate, misdemeanors, warrants for arrest and searches, preliminary hearings, bail, juvenile cases and traffic infractions. Idaho Code 1-2210 adds that some matters, such as custody of minors, divorce and civil cases above $5,000, may go only to magistrates who are attorneys. You will see small differences between the dollar figures in the statute and the Supreme Court's public description; the statute describes what may be assigned, while court rules and district orders set the working line. For research purposes the lesson is simple: a money case under about $10,000 is probably in the magistrate division, and a bigger one is probably in district court. Check both if you are unsure.

Small claims

Idaho Code 1-2301 lets each district create a small claims department of the magistrate division for claims of money or personal property worth up to $15,000. Small claims cannot award punitive damages or damages for pain and suffering. The case is filed in the county where the defendant lives or where the claim arose. Under Idaho Code 1-2303 the filing fee is $33 plus the cost of service, and a defendant has 21 days after service to file an answer or face a default judgment. Small claims cases are public court records like any other civil case, and their judgments matter: an unpaid small claims judgment can become a lien, which lesson 06 covers.

District court

Article V, section 20 gives the district court "original jurisdiction in all cases, both at law and in equity." In practice district judges hear felony cases after a magistrate binds them over, larger civil lawsuits, appeals from magistrate decisions, and petitions for judicial review of some state and local agency decisions, such as a land use decision by a county board. When a city council or county commission is sued, the case is almost always in district court, and those files are among the most useful public records a resident can read.

The Court of Appeals and the Supreme Court

Idaho created its Court of Appeals in 1980. Under Idaho Code 1-2406 it hears only the cases the Supreme Court assigns to it. The Supreme Court may not assign cases invoking its original jurisdiction, death sentence appeals, or appeals from the Industrial Commission or the Public Utilities Commission, and it keeps cases "in which there is substantial public interest" or significant questions about developing the law. The Court of Appeals has four judges who sit in panels of three. The Supreme Court has five justices elected statewide to six-year terms, and the justices choose a chief justice for a four-year term who serves as "the executive head of the judicial system." Appeal records are kept by the Clerk of the Supreme Court, and opinions from both courts are posted free on the Supreme Court's opinions page. Lesson 09 covers appeals and opinions.

The seven judicial districts

Idaho Code 1-801 divides the state into seven judicial districts. (The 1890 constitution started with five and let the Legislature change the number.) Each district has an administrative district judge and a trial court administrator, and both matter for records: the administrative district judge is the "custodian judge" for district records that are not in a case file, and the trial court administrator is the custodian of those records. The Supreme Court lists the counties in each district on its District Courts page.

DistrictCounties
FirstBenewah, Bonner, Boundary, Kootenai, Shoshone
SecondClearwater, Idaho, Latah, Lewis, Nez Perce
ThirdAdams, Canyon, Gem, Owyhee, Payette, Washington
FourthAda, Boise, Elmore, Valley
FifthEight south-central counties, including Twin Falls, Blaine, Camas, Cassia, Gooding, Lincoln and Minidoka (see the Supreme Court's list for all eight)
SixthBannock, Bear Lake, Caribou, Franklin, Oneida, Power
SeventhBingham, Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton

Why care which district? Local rules, some administrative orders and the trial court administrator's office are organized by district. A request for a district's court budget, judge assignment orders or security policies goes to the district, while a request for a case file goes to the county clerk where the case was filed.

Which cases go where

Idaho's constitution recognizes two kinds of actions. Article V, section 1 abolished the old distinction between law and equity and says there is "but one form of action" for private rights, called a civil action, while every action by the state to punish a public offense is a criminal action. Everything a clerk files fits under one of those two roofs, plus a set of special proceedings (juvenile, child protection, mental health, probate, guardianship) that the law treats differently, often confidentially.

  • Criminal: felony. Crimes punishable by state prison. The case starts in the magistrate division with a complaint and initial appearance, goes to a preliminary hearing (unless a grand jury indicts), and moves to district court for arraignment, trial and sentencing.
  • Criminal: misdemeanor. Lesser crimes punishable by county jail or a fine. Handled start to finish in the magistrate division, often on a uniform citation.
  • Infraction. Civil public offenses such as most traffic violations, punishable by a fine only. Magistrate division. Many are paid without any hearing.
  • Civil. Lawsuits over money, property, contracts, injuries, public agency decisions and more. Magistrate division or district court depending on the amount and type.
  • Small claims. Up to $15,000, magistrate division.
  • Family. Divorce, custody, child support, paternity, protection orders. Magistrate division. Some records are public, many details are not (lesson 03 and lesson 07).
  • Probate, guardianship and conservatorship. Estates of people who have died, and court-supervised care for minors and adults who cannot manage their own affairs. Magistrate division. Guardianship filings are largely confidential.
  • Juvenile. Juvenile Corrections Act cases (delinquency) and Child Protective Act cases. Magistrate division. Mostly confidential.
  • Mental health. Involuntary commitment proceedings. Confidential.
  • Appeals. Magistrate decisions go to district court; district court decisions go to the Supreme Court, which may assign them to the Court of Appeals.

What counts as a court record

The words "court record" have a specific meaning in Idaho. Idaho Court Administrative Rule 32(b)(4) defines it in three parts:

  1. "Any document, information or other thing that is filed, docketed, or lodged by a court or clerk of court in connection with a judicial proceeding." That covers complaints, motions, affidavits, briefs and exhibits.
  2. Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment or minute entry, and "any information in an automated case management system" related to a judicial proceeding, including existing reports.
  3. Any writing (as Idaho's Public Records Act defines writing) about the conduct of the public's business that is "prepared, owned, used or retained by the judicial branch," including the courts, the Administrative Office of the Courts, the Judicial Council, the Idaho State Bar, the Idaho Bar Commission and the District Magistrates Commissions.

The first two parts are what most people mean: the case file and the docket. The third part reaches the courts' administrative records, such as budgets, contracts, policies, emails about court operations and employee pay. Those are judicial branch records too, and Rule 32 governs access to them as well. A court's purchase contract for software is a court record in this sense even though it is in no case file.

What is not a court record? Anything that never came into the court's hands. A police report, a jail booking photo, a prosecutor's case file or a 911 recording is a record of a law enforcement agency or prosecutor until someone files it in a case. Requests for those go to the agency under the Idaho Public Records Act, Idaho Code Title 74, chapter 1, covered in the sheriffs, police and courts lesson of the public records module. Once the same report is attached to an affidavit of probable cause and filed, a copy of it becomes part of the court record, subject to Rule 32's exemptions.

The register of actions

The single most useful court record is the docket, which Idaho rules call the register of actions. I.C.A.R. 31 requires the clerk of the district court to keep one for civil and criminal actions, with indexes. Every paper filed or lodged, every writ issued and returned, every appearance, order, verdict and judgment, including executions and satisfactions of judgments, "shall be noted chronologically." Notations must be brief but show the nature of each paper and "the substance of each order or judgment," with the date of entry. Rule 31 also carves out a practical exception: no register entry is required for a traffic infraction citation, other infractions, or a misdemeanor citation where the person pleads guilty at first appearance. For those, the citation itself is the docket.

The register outlives the file. Under I.C.A.R. 38, courts may destroy much of an old criminal case file a year after the time for appeal runs out (unless the defendant is still in custody, on probation or on parole), but they must keep the register of actions, all court minutes, the charging documents and all judgments. So even when the papers are gone, the register usually still answers the basic questions: what was charged, what happened and when.

Who keeps the records

In each county, trial court records are kept by the clerk of the district court. Article V, section 16 makes the clerk of the district court an elected county office with a four-year term, and Article XVIII, section 6 says "the clerk of the district court shall be ex-officio auditor and recorder." That is why one elected person in each Idaho county runs elections, keeps the county's books, records deeds and keeps the court files. Most people call that official the county clerk. Deputies in the clerk's court division do the daily work of filing, docketing and copying.

Rule 32(k)(2) names the custodian for each kind of judicial record:

RecordCustodian under I.C.A.R. 32(k)(2)Custodian judge under 32(k)(3)
Case file in a district or magistrate caseClerk of the District Court or a deputy clerk designated in writingThe judge or magistrate presiding over the case
Trial court record not in a case file (administrative)Trial court administrator of the judicial district, or a judge designated by the administrative district judgeAdministrative district judge
Case file in the Supreme Court or Court of AppealsClerk of the Supreme Court or a designated deputyChief Justice (Supreme Court) or Chief Judge (Court of Appeals)
Supreme Court or appellate record not in a case fileAdministrative Director of the Courts or a person the Chief Justice designatesChief Justice
Statewide case management system data and compiled informationAdministrative Director of the CourtsChief Justice
Judicial Council recordsExecutive Director of the Judicial CouncilChief Justice
Idaho State Bar recordsExecutive Director of the Idaho State BarAdministrative district judge of the Fourth Judicial District

The Supreme Court's Court Records page gives the practical version: search the iCourt portal for general case information, use a computer kiosk at a county courthouse or ask the clerk's office where the case was filed for records from the case, contact the Supreme Court Clerk's Office for appeal records, and send requests about the courts' administrative work to the local trial court administrator or to the Supreme Court's records address for records the Supreme Court and its Administrative Office keep.

The federal courts in Idaho

Federal courts are a separate system with their own judges, clerks, rules and records. The U.S. District and Bankruptcy Courts for the District of Idaho were created with statehood in 1890. Idaho's clerk's office serves both the district court and the bankruptcy court, which the court describes as one of only six consolidated district and bankruptcy clerk's offices in the federal judiciary. The district is one of 15 in the Ninth Circuit, which covers nine western states. Appeals go to the U.S. Court of Appeals for the Ninth Circuit and then, rarely, to the U.S. Supreme Court.

The District of Idaho has clerk's offices in Boise, Coeur d'Alene and Pocatello. For assigning cases it uses four divisions. The court's filing page lists the counties: the Southern Division (Boise) covers southwest and south-central Idaho including Ada, Canyon and Twin Falls counties; the Northern Division covers the five northern counties; the Central Division covers Clearwater, Idaho, Latah, Lewis and Nez Perce counties, with hearings held in Coeur d'Alene; and the Eastern Division (Pocatello) covers eastern Idaho. Bankruptcy uses a slightly different county map, with some south-central counties assigned to its Eastern Division.

What federal courts hear

Federal district courts have limited jurisdiction. The two biggest doors are 28 U.S.C. 1331, cases "arising under the Constitution, laws, or treaties of the United States," and 28 U.S.C. 1332, cases between citizens of different states where more than $75,000 is at stake. Federal crimes are prosecuted by the U.S. Attorney in federal court. Bankruptcy is entirely federal. So a challenge to an Idaho statute under the U.S. Constitution, a civil rights claim against a county jail, a federal drug or firearms prosecution, a lawsuit against a federal land agency or a company's Chapter 11 case will be in federal court, while a state DUI, a divorce, an eviction or a dispute over a county road will be in state court.

Getting federal records

The District of Idaho's Obtaining Case Info page lists three routes as of October 2026:

  • PACER online. Fees apply (lesson 08 covers them). Documents are not in PACER for cases filed before December 1, 2003 that have been closed more than a year.
  • Public terminals. The Boise, Coeur d'Alene and Pocatello clerk's offices have public terminals to view dockets free. Copies printed from the lobby computer cost $0.10 per page; copies made by a clerk cost $0.50 per page. The clerk's office does not take credit or debit cards.
  • Mail. Mailed copy requests cost $0.50 per page plus any certification fee. Files more than 20 years old may be stored at the National Archives in Seattle, with retrieval fees.

State or federal: how to tell

ClueProbably state courtProbably federal court
Who is prosecuting"State of Idaho" or a city (county prosecutor or city attorney)"United States of America" (U.S. Attorney)
Case number looks likeCR01-24-12345 or CV14-23-01234 (lesson 04)1:22-cv-00329-BLW (office, year, type, number, judge initials)
Law at issueIdaho Code, city or county ordinanceU.S. Code, U.S. Constitution, federal regulations
Kind of caseDivorce, custody, probate, eviction, DUI, most crimes, most contract and injury suitsBankruptcy, federal crimes, civil rights suits, challenges to state laws under the U.S. Constitution, cases against federal agencies
Where to searchiCourt portal (mycourts.idaho.gov), county clerkPACER, RECAP, the federal clerk's office terminals
Who keeps the fileClerk of the district court in the countyClerk of Court, U.S. District and Bankruptcy Courts, District of Idaho

Some disputes run in both systems at once. A person charged with a state crime might file a federal civil rights suit against the officers; a company might be sued in state court and then file for bankruptcy, which pauses the state case. Searching both systems is cheap insurance.

Why court records are open

Openness is the rule and secrecy the exception, and the law says so in several layers.

The Idaho Constitution

Article I, section 18 of the Idaho Constitution, in the Declaration of Rights, begins: "Courts of justice shall be open to every person." The section goes on to promise "a speedy remedy" for injury to person, property or character and justice "without sale, denial, delay, or prejudice." The clause is mostly about access to the courts as a forum, but Idaho's court rules build on the same principle for records.

Idaho Court Administrative Rule 32

The Supreme Court's records rule opens with a policy statement: "The public has a right to access the judicial department's declarations of law and public policy, and to access the records of all proceedings open to the public." The rule lists eleven goals, from promoting accessibility and governmental accountability to protecting privacy and avoiding undue burden on the courts, and says it prevails over any other rule on access to judicial records. Lesson 03 goes through the rule section by section.

The First Amendment and the U.S. Supreme Court

In Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980), the U.S. Supreme Court held that the public and press have a First Amendment right to attend criminal trials, tracing open trials back centuries and concluding that "a presumption of openness inheres in the very nature of a criminal trial." In Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984), the Court applied the same reasoning to jury selection; a court may close a proceeding only for an overriding interest, with findings, and by means narrowly tailored to that interest. The Idaho Supreme Court's own Media Guide cites Press-Enterprise and tells reporters that a judge considering closure must hold a hearing and let the media and others argue against it.

The common-law right to records

Separate from the First Amendment is a much older common-law right. In Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978), the Court said "the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents." The same opinion held that the right "is not absolute" and that the decision to allow access to a particular record is left to the trial court's discretion in light of the facts. That balance, a strong presumption with case-by-case exceptions, is the structure of Idaho's rule too.

Publishing what the record says

In Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975), the Court held that a state could not punish a broadcaster for reporting the name of a rape victim that the reporter got from public court records open to inspection. The case is about publishing, not access: once a court makes a record public, the First Amendment strongly protects accurate reporting of it. Whether a reporter should publish a victim's name is a separate ethical question, covered in lessons 07 and 10.

The big map: what to search where

Case typeCourtWhat the public can usually seeWhere to search first
FelonyMagistrate division (first hearings), then district courtRegister of actions, charging documents, motions, orders, judgments, hearing calendars. Not presentence reports or unreturned warrants.iCourt portal; county clerk for documents
Misdemeanor and DUIMagistrate divisionRegister of actions and filings. The citation itself is exempt from public disclosure under I.C.A.R. 32(g)(11), though the case type is not.iCourt portal; county clerk
Traffic and other infractionsMagistrate divisionCase existence, charge, outcome, fineiCourt portal (also used to pay)
Civil lawsuitMagistrate division or district court by amount and typeNearly everything filed, minus redacted identifiers and anything sealediCourt portal; county clerk
Small claims (up to $15,000)Magistrate divisionClaim, answer, judgmentiCourt portal; county clerk
Eviction (unlawful detainer)Magistrate divisionOpen, but cases filed on or after January 1, 2025 that are dismissed are shielded after three years or on stipulation (I.C.A.R. 32(j)(2))iCourt portal; county clerk
Divorce, custody, child support, paternityMagistrate divisionRegister of actions and a redacted copy of orders on request; other records only after a request on a court form and review (I.C.A.R. 32(g)(20))iCourt portal for the register; county clerk
Civil protection orderMagistrate divisionThe court's orders; petitions and related records are exempt (I.C.A.R. 32(g)(16))County clerk
Probate (estates)Magistrate divisionGenerally open: petitions, wills admitted to probate, ordersiCourt portal; county clerk
Guardianship and conservatorshipMagistrate divisionRegister of actions, letters of appointment, bond orders and final orders only (I.C.A.R. 32(g)(19))iCourt portal for the register; county clerk
Juvenile Corrections ActMagistrate divisionMostly exempt for cases filed on or after July 1, 2017, unless a court orders release (I.C.A.R. 32(g)(9))County clerk, with a motion
Child protection, adoption, termination of parental rights, mental health commitmentsMagistrate divisionExemptNot available to the public except as a court orders
Appeals in state courtSupreme Court or Court of AppealsOpinions, briefs, docketSupreme Court opinions page; Clerk of the Supreme Court
Federal civil or criminalU.S. District Court, District of IdahoDocket and most filings; sealed matters excluded; federal privacy redactionsPACER; RECAP; clerk's office terminals
BankruptcyU.S. Bankruptcy Court, District of IdahoPetition, schedules, claims, ordersPACER; clerk's office terminals
Federal appealsNinth CircuitOpinions, memorandum dispositions, briefs, argument videoca9.uscourts.gov; PACER

How to: figure out which court has a case

  1. Write down what you know: names, approximate dates, county, and whether the government is prosecuting someone (criminal) or someone is suing (civil).
  2. Ask whether federal law or a federal party is involved: the United States as prosecutor or party, a federal agency, a bankruptcy, a claim under the U.S. Constitution. If yes, plan to search PACER as well as state records.
  3. For state cases, decide the county. Criminal cases are filed where the crime is alleged to have happened. Civil cases are usually filed where a defendant lives or where the dispute arose. If you are not sure, search statewide in the iCourt portal (lesson 02) rather than one county.
  4. Use the big map table above to guess whether the case is in the magistrate division or district court, and whether it is likely to be public. Do not stop if your first guess is wrong; felonies show up in both divisions as they move.
  5. Record the case number the moment you find it. Every later step, from copy requests to PACER searches to follow-up calls, goes faster with the number.

How to: find the right clerk's office

  1. Open the Supreme Court's County Courthouse Directory. It lists each courthouse's address and phone numbers, and in larger counties a separate Court Assistance Office number.
  2. Call or visit the court division of the clerk's office (not the elections or recording counter). Give the case number if you have it.
  3. Ask whether the courthouse has a public kiosk for viewing case documents and what copies cost. Under Idaho Code 31-3201 a clerk may charge up to $1.00 a page for copies, $0.50 a page to compare and conform a copy you bring, and $1.00 more for a certificate and seal.
  4. For an appeal, contact the Clerk of the Supreme Court in Boise instead. For a federal case, use the District of Idaho clerk's office in Boise, Coeur d'Alene or Pocatello.
  5. For a court's budget, contracts or policies, send the request to the trial court administrator of the judicial district, or for statewide administrative records, to the Supreme Court's Administrative Office.

How to: tell a court record from an agency record before you ask

  1. Ask who made the record and where it lives now. If a judge, clerk or party filed it in a case, it is a court record. If a police department, jail, prosecutor or county office made it and kept it, it is an agency record.
  2. For a court record, cite I.C.A.R. 32 and send the request to the custodian in the table above.
  3. For an agency record, cite the Idaho Public Records Act and send it to the agency. The Idaho Public Records Letter Generator drafts a request letter.
  4. When a record exists in both places (a police report attached to a probable cause affidavit, for example), request it from both. The filed version may have redactions the agency version lacks, or the reverse.

How to: check the federal side in five minutes

  1. Search the party name in the free CourtListener RECAP Archive, which holds federal dockets and documents that other users have already bought. A hit there costs nothing.
  2. If nothing turns up, use the PACER Case Locator (a PACER account is required; fees are covered in lesson 08). Limit the search to the District of Idaho and the Bankruptcy Court for the District of Idaho.
  3. Note the case number, the judge's initials at the end of it and the date filed.
  4. For a free look at the full docket, visit a District of Idaho clerk's office public terminal in Boise, Coeur d'Alene or Pocatello.

Worked example: a fence, a county road and a bankruptcy

Dana Ortiz, a volunteer with a neighborhood group in the invented town of Sage Hollow, hears three things at a county meeting: a contractor named Lark Paving is suing Cedar County over a road contract, a homeowner sued Lark Paving in small claims over a damaged fence, and the company "might be going bankrupt." She wants to read the actual records before the group takes a position.

Step 1: sort the three disputes. The road contract suit involves a county and a claimed amount in the hundreds of thousands, so it is a civil case in state district court in the county. The fence claim is small claims, so the magistrate division, also in the county. A bankruptcy is federal.

Step 2: search. In the iCourt portal she searches "Lark Paving" statewide and finds two cases: a CV case in district court naming Cedar County as defendant, and a small claims case. She writes down both case numbers. In CourtListener she searches the company name and finds no bankruptcy filing. In PACER's Case Locator (at $0.10 a page for the search results) she also finds none.

Step 3: read the registers. The district court register shows a complaint, the county's answer, a motion to dismiss and an order denying it. The small claims register shows a judgment for the homeowner of $4,200 and, three months later, a writ of execution.

Step 4: get documents. She asks the clerk's office for the complaint, the answer and the order (19 pages). At $1.00 a page the copies cost $19. She asks the county's own records custodian, under the Public Records Act, for the road contract itself, since that is a county record.

What she can say at the next meeting: the company is suing the county over the contract and the court has let the case go forward; a homeowner won a small claims judgment and is trying to collect; and as of the date she searched, no bankruptcy case exists in the District of Idaho under the company's name. The rumor about bankruptcy stays a rumor.

Myth: if a case is not on the internet, it does not exist

The iCourt portal shows register information for cases back to 1995, with some older information, and it leaves out sealed cases and exempt case types. Paper files from before then sit in county vaults or archives, federal documents filed before December 1, 2003 in closed cases are not in PACER, and older federal files may be at the National Archives in Seattle. A blank search result means "not found in this system with these search terms," never "no record exists." Lessons 02 and 07 explain how to tell a sealed case from one that is simply offline.

If you report on this

  • Name the court precisely: "in Fourth District Court in Ada County," "in the magistrate division," "in U.S. District Court in Boise." Readers and editors can then find the case.
  • Give the case number in your notes and, where it helps readers, in the story. It is the only unambiguous identifier.
  • When the government is a party, say which body (the city, the county board, a state agency) and who represents it.
  • Check both state and federal records for any person or business at the center of a story. Parallel cases are common and easy to miss.
  • When you write about the courts as an institution (budgets, staffing, technology), request administrative records from the trial court administrator or the Administrative Office of the Courts under I.C.A.R. 32, and ask for the compiled statistics on the Idaho Court Data site.

Go further

Check yourself

1. A resident wants the file in a $9,000 small claims case about a fence. Which court holds it?

2. Who is the custodian of a record in a district court or magistrate case file under I.C.A.R. 32(k)(2)(C)?

3. What does Article I, section 18 of the Idaho Constitution say about courts?

4. A lawsuit claims an Idaho state agency violated a federal statute and asks for an order against it. Where would you most likely look first?

5. In Nixon v. Warner Communications (1978), what did the U.S. Supreme Court say about the common-law right to inspect and copy judicial records?

6. Which of these is NOT a court record under I.C.A.R. 32(b)(4)?

Terms in this lesson

Magistrate division
The part of each county's district court that hears misdemeanors, infractions, small claims, family, probate, juvenile and smaller civil cases, and holds the first hearings in felonies. Created by Idaho Code 1-2201.
Clerk of the district court
The elected county officer (often called the county clerk) who keeps trial court records. Under Article XVIII, section 6 of the Idaho Constitution the same person is ex officio auditor and recorder.
Court record
Under I.C.A.R. 32(b)(4), anything filed, docketed or lodged in a case, the court's own indexes, calendars, registers, orders and judgments, and other writings about public business kept by the judicial branch.
Register of actions
The clerk's chronological list of everything filed and done in a case, required by I.C.A.R. 31. Also called the docket or the chronological case summary.
Jurisdiction
A court's legal power to hear a type of case. Idaho district courts have original jurisdiction in all cases under Article V, section 20; federal courts hear cases set by Congress, such as federal-question and diversity cases.
Custodian
The official responsible for a judicial record and for answering requests for it, defined by I.C.A.R. 32(k)(2).

Full glossary

Sources