Judges: Boise must continue to pay magistrate court costs

Boise officials may turn to the Idaho Supreme Court to keep fighting a 1980 judicial order that requires the city to help pay for magistrate court costs.Ada County officials fear that if the city stopped paying the almost $1 million a year, it would force the county to make budget cuts to keep the courts running.

Ada County’s district court judges upheld the order Friday, saying nothing has changed to free the city from having to help keep the lower courts funded.

County officials say Boise accounted for more than 50 percent of all the misdemeanor and infraction filings in Ada County in the past fiscal year.

“Boise City accounts for the greatest percentage and the greatest number of misdemeanor and infraction filings in Ada County,” the judges wrote. “This unchanged fact alone militates against setting aside the Court’s order.”

But city leaders cite a 2006 Idaho Supreme Court ruling that freed Twin Falls from an order to pay for magistrate functions. They say that ruling makes Boise’s 1980 court order an unconstitutional double taxation.

The judges disagreed, saying the situations are different. Boise was ordered to provide court facilities, staff and equipment.

“We are disappointed with the decision of the court. There is a strong likelihood this will be appealed to the Supreme Court,” said Adam Park, spokesman for Mayor Dave Bieter. “But that decision needs to be made by the mayor and the council.”

State law gives counties the responsibility to provide magistrate courts, unless the majority of district judges in the county direct a city to provide facilities.

The 1980 court order gave Boise that responsibility. The city first complied by providing an outdated facility on Kootenai Street and later by building the traffic court facility at Barrister.

In the late 1990s, when Ada County consolidated all county court functions into a single staff and building, Boise started making quarterly payments to fund the courts. Boise stopped making the payments in October.

The judges said Boise voluntarily entered an agreement with the county to pay a proportional share instead of providing a facility, equipment and staff.

But Boise officials say the system isn’t fair. Meridian and Garden City were ordered in 1994 to provide magistrate facilities, but the order has never been enforced, the judges said.

“The judges did mention that Meridian and Garden City are not paying their prorated share,” Park said. “The current system is inequitable.”

Since Boise stopped paying, county taxpayers have been making up the difference, county officials say.

“You taxpayers are paying for it out of your property tax,” said Ada County Commissioner Fred Tilman. “We had to considerably cut our budget to other departments to make up the payments. We chose not to let the courts completely fail because of this action on the part of Boise.”

Tilman said Eagle, Kuna and Star have not been ordered by the district judges to provide magistrate court facilities, but are paying their shares of the costs in an agreement with the county.

Kathleen Kreller: 377-6418