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Sunday, October 5, 2008

Judges Violate Nonjudicial Day Law, What Gives Here?

Below is Section 1-1607 of the Idaho Code for your review.

Election day is a "nonjudicial day" in the Great State of Idaho. THE GUARDIAN found the below law when checking to see what can and can't be done in Idaho on Election Day. Seems that some Judges are not following this law upon checking public court records.

"1-1607. NONJUDICIAL DAYS. No court can be opened nor can any judicial
business be transacted on any day enumerated in section 73-108, Idaho Code, or
on every day appointed by the President of the United States, or by the
governor of this state, for a public fast, thanksgiving, or holiday, or on a
day on which the general election is held, except for the following purposes:
1. To give, upon their request, instructions to a jury when deliberating
on their verdict.
2. To receive a verdict or discharge a jury.
3. For the exercise of the powers of a magistrate in a criminal action or
in a proceeding of a criminal nature: provided, that in civil causes orders of
arrest may be made and executed; writs of attachment, executions, injunctions
and writs of prohibition may be issued and served; proceedings to recover
possession of personal property may be had; and suits for the purpose of obtaining any such writs and proceeding may be instituted on any day."

One would have to wonder why the Judges would choose to hold court on a "FREE DAY" prescribed by law. The case number is CV-2008-0001242-C in Canyon County. Other counties have court scheduled as well. What is next, kegs outside of polling places?

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