There was no robe, no bench, no record, no formality

In 1890, the Constitution of the State of Idaho created a judicial system that included probate courts, justices of the peace, and municipal courts, commonly known as Magistrate judges today. Cases involving probate (estate matters), appointment of guardians, and civil matters less than $500 were decided by probate judges and civil cases less than $300 along with misdemeanor criminal matters punishable by a maximum fine of $300 and six months imprisonment were assigned to the justices of the peace.

From 1891 to 1969, election of probate judges and justices of the peace was done in a partisan fashion. There was no requirement that probate judges or justices of the peace have any formal legal training, and the majority of the judges were not lawyers. The positions were part-time and not provided any judicial resources, such as law books. Probate courts were often housed in county courthouses, but justice of the peace judges often held court in their place of business, personal homes, barber shops, cafes or wherever they could be found. In many counties, the justice of the peace and probate judge called court only when the need arose. There were no regular days or hours for court, and if called for action, the judge would leave their place of business and appear for court in their work clothing. 

It was an institution born of pragmatism - serving the local communities on skeleton finances. This legal system remained in place until the increasing population, commerce, and state attorneys demanded a more professional judicial system in 1969.