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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 36476 TWO JINN, INC., a California corporation duly qualified to do business in Idaho and doing business as Aladdin Bail Bonds and Anytime Bail Bonds; JAMES GARSKE; and SHANTARA CARLOCK, ) ) ) ) ) ) Plaintiffs-Respondents-Cross ) Appellants, ) ) v. ) ) DISTRICT COURT OF THE FOURTH ) JUDICIAL DISTRICT OF THE STATE OF ) IDAHO; DARLA S. WILLIAMSON, in her ) official capacity as Administrative District ) Judge for the District Court of the Fourth ) Judicial District; LARRY D. REINER, in his ) official capacity as Trial Court Administrator ) for the District Court of the Fourth Judicial ) District; and DIANE BURRELL, in her ) capacity as Assistant Trial Court ) Administrator for the District Court of the ) Fourth Judicial District, ) ) Defendants-Appellants-Cross ) Respondents. ) )

Boise, January 2011 Term 2011 Opinion No. 38 Filed: March 18, 2011 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District of the State of Idaho, in and for Ada County. The Hon. James F. Judd, Senior District Judge. The judgment of the district court is affirmed in part and reversed in part. Hon. Lawrence G. Wasden, Attorney General, Boise, for appellants. Melissa N. Moody argued. Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for respondents. Scott McKay argued.

EISMANN, Chief Justice.

This appeal concerns the authority of the administrative district judge to issue regulations governing bail bond agents. We hold that the administrative district judge has authority to adopt procedural regulations, but not substantive regulations.

I. FACTS AND PROCEDURAL HISTORY On April 12, 2007, the Plaintiffs filed this action challenging the bail bond guidelines adopted on April 16, 2004, by the Hon. Darla S. Williamson, as the Administrative District Judge of the Fourth Judicial District. The Plaintiffs are a bail bond agency licensed in the State of Idaho and two bail bond agents employed by the agency (collectively called "Bail Agents"). The Defendants are the District Court of the Fourth Judicial District of the State of Idaho and its Administrative District Judge, Trial Court Administrator, and Assistant Trial Court Administrator (collectively called "ADJ"). On August 22, 2008, ADJ adopted a revised set of bail bond guidelines ("Guidelines"), which are the subject of this litigation. The central issue is whether certain provisions of the Guidelines exceed the authority of ADJ. The dispute was tried to the district court, and it held that some of the challenged Guidelines did exceed ADJ's authority and some did not. ADJ appealed, and Bail Agents cross appealed. The specific guidelines at issue will be set forth below.

II. ANALYSIS A. ADJ's Appeal. In 1961, the Idaho legislature approved surety insurers issuing bail bonds. Ch. 330,

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Idaho Law