Applicability of This Code1. The provisions of the Idaho Code of Judicial Conduct shall apply to all judges except as may be stated hereafter. A judge within the meaning of this Code, is an individual authorized to perform judicial functions which shall include: a. Magistrate judges (Idaho Code section 1-101(4) );b. District judges (Idaho Code section 1-101(3);c. Any judge of the Court of Appeals (Idaho Code section 1-101(2) );d. Any justice of the Supreme Court (Idaho Code section 1-101(1) );e. Persons designated as senior judges pursuant to Idaho Code sections 1-2005 or 1-2221;f. Any individual serving pursuant to court appointment as a special master in a water adjudication proceeding.2. Any person appointed by a court to serve as a master or special master or judge pro tempore, as defined by Section 12 of Article 5 of the Idaho Constitution and I.C.A.R. 4, in a case-specific capacity (other than in a water adjudication) shall, while so serving, comply with Canons 1 and 2.3. Retired judges (Plan A Senior Judges and Plan B Senior Judges who have completed their five year commitment) and judges who have resigned, who are designated to act temporarily as judges should comply with all of the provisions of this Code, except Rules 3.4, 3.8, 3.9 and 3.11, during such temporary service.Id. Code. Judi. Cond., Application, A
COMMENT
[1] The Rules in this Code have been formulated to address the ethical obligations of any person who serves a judicial function, and are premised upon the supposition that a uniform system of ethical principles apply to all those authorized to perform judicial functions.
[2] The determination of which category and, accordingly, which specific Rules apply to an individual judicial officer, depends upon the facts of the particular services.
[3] Any special master or judge pro tempore subject to this Code is not bound by the provisions of Idaho Code 59-502 requiring an oath that no decision has been pending for more than thirty days concerning payment of their salary (the thirty day rule).