dial-in number: 1-888-713-3067 code: 2089477414 - * 6 to mute line welcome to the 2011 legislative,...

Dial-In Number: 1-888-713-3067 Code: 2089477414 - * 6 to mute line

Welcome to the 2011 Legislative, Rules, and

ISTARS Update!

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FACULTY

Patricia Tobias, Administrative Director of the Courts

Cathy Derden, Staff Attorney

Michael Henderson, Legal Counsel

Julie Cottrell, ISTARS Systems Coordinator

Janica Bisharat, Program Manager


Highlights of Supreme Court Rule Changes

Cathy Derden, Staff Attorney

Webinar for ClerksJune 1, 2011


Idaho Appellate Rules

Rule 24 – Reporter’s Transcript Time for transcript to be prepared does not start to run

until the reporter is given notice of the request by the Supreme Court.

Rule 25 – Reporter’s Transcript - Contents Clarifies that standard transcript only applies to criminal

appeals.


Idaho Civil Rules of Procedure New Rule 3(c) – Privacy protections for filings made with

the court.

Parties shall refrain from including or shall partially redact, where inclusion is necessary, certain personal data identifiers from all documents filed with the court.

If the personal data identifiers are needed, then the party has two choices:

The party may file a redacted copy of the documents along with a reference list that identifies each item of redacted information.

The other option is to file the redacted document along with an unredacted copy, in which case the unredacted copy will be exempt from disclosure.

There are several exceptions stated in the rule.


Idaho Civil Rules of Procedure

Rule 81(g) – Nature of Trial, and Rule 83(d). Record of proceeding of magistrates division.

The court hearing small claims action is now required to make a verbatim record or recording of the proceeding.

Filing Fee Schedule

Addition of cross-claim for divorce when original complaint did not include a divorce – total fee is $55.00.


Idaho Criminal Rules

New Rule 43.3 – Forensic Testimony by Video Teleconference

Allows forensic testimony to be submitted in court proceedings via simultaneous video teleconference.

The video testimony is recorded in the same manner as any other testimony, and it is up to the party offering the testimony to coordinate the audio visual feed into the courtroom. There is no duty placed on court personnel.


Idaho Misdemeanor Criminal Rules

Bail Bond Schedule

Amended for a charge of second DUI or an enhanced DUI. The bond amounts are the same but there is now a provision that the person bonding out must appear in court for arraignment within 48 hours, excluding weekends and holidays.


Idaho Court Administrative Rules Rule 32 – Records of the Judicial Department

Amended to add the reference list of personal data identifiers or an unredacted copy of a document filed pursuant to I.R.C.P. 3(c) to the items exempt from disclosure.

New Rule 54 – Guardianships and Conservatorships

Requires every individual seeking appointment as a guardian or conservator to complete an online training prior to appointment. The court may impose a $25 fee to cover the cost of providing the training.


Idaho Court Administrative Rules

New Rule 59 – Vexatious Litigation

An ADJ may find a person to be a vexatious litigant and may enter a prefiling order prohibiting that person from filing any new litigation pro se in any Idaho court without first obtaining leave of the judge of the court where the litigation is to be filed.


Q & A

Any questions about the 2011 rule changes?


Summary of Selected Legislation

Patti Tobias, Administrative Director of the Courts

Michael Henderson, Legal Counsel



APPROPRIATIONS H0338 – FY 2012 appropriation for substance abuse

treatment.

SB 1200 – Appropriates $43,041,900 to the Supreme Court for FY 2012.

SB 1203 – FY 2012 Permanent Building Fund appropriation - $1,500,000 for Capitol Annex renovation.

SB 1205 – FY 2012 Millennium Fund appropriation - $420,000 to the Supreme Court for youth courts, tobacco and alcohol diversion courts, and status offender services as they relate to addressing tobacco and/or substance abuse issues.


CHILDREN & FAMILIES

HB 140aa – Adds provisions on competency to the Juvenile Corrections Act; provides procedures and standards for determining competency, and procedures for restoration of competency. (Court bill.)

SB 1103 – Provides that an action to collect child support arrearages can be commenced at any time prior to the expiration of the child support judgment or any renewal of this judgment. Provides that a lien arising from the delinquency of payment due under a child support judgment continues until five years after the death or emancipation of the last child for whom support is owed.


CIVIL PROCEDURES & TORTS SB 1009 – Clarifies that service on a person or entity who is

out of state and subject to the jurisdiction of Idaho courts under the long arm statute may be made as provided in I.C. 5-515, and the submission of an affidavit and issuing of a court order for such service, as previously provided in I.C. 5-508, are not required. (Court defects bill.)

SB 1010 – Amends I.C. 32-515, regarding motions to quash, modify or terminate an income withholding order for child support, to provide that notice of the motion and hearing must be given as provided in the IRCP; removes requirement of five days notice in the statute to eliminate conflict with 14 days notice required under IRCP 7(b)(3). (Court defects bill.)


COURTS HB 67 – Amends I.C. 19-4708 to allow Supreme Court, as well

as district court clerks, to contract with collections services for collections of debts owed to the courts. (Court bill.)

SB 1008 – Provides that annual reports of the Administrative Director of the Courts are to be made for each fiscal year, rather than calendar year. (Court defects bill.)

SB 1012 – Amends I.C. 1-505 to provide that persons and entities that are to receive copies of the Idaho Report may decline to receive those volumes, or may ask to receive fewer than they are entitled to under the statute. (Court defects bill.)


CRIMES & CRIMINAL PROCEDURE

HB 119 – Places certain synthetic stimulants in the class of cathinones and known as “bath salts” in Schedule I.

HB 139 – Adds tretrahydrocannabinols from synthetic drugs (Spice) to Schedule I.

HB 226 – Amends I.C. 19-2604 to provide that a defendant is eligible to have a conviction set aside, or reduced from a felony to a misdemeanor, if there was no finding or admission in a probation violation proceeding of a violation of the terms of probation. (Court bill.)


CRIMES & CRIMINAL PROCEDURE (Continued)

HB 227 – Provides that repeat DUI offenders who are participants in a mental health court program or similar problem-solving court program may be considered for a restricted driving permit for purposes of work, school, or alcohol treatment, provided they have served 45 days of a license suspenstion with no driving privileges, have an ignition interlock on their vehicles, and show proof of liability insurance. (Court bill.)

SB 1063 –Increases the maximum monthly supervision charge for persons on probation or parole from $50 to $75.


CRIMES & CRIMINAL PROCEDURE (Continued)

SB 1097 – Provides that when a court orders a presentence investigation, the court shall order the defendant to pay an amount to be determined by the Department of Correction, not to exceed $100, which will be used as reimbursement for the cost of conducting the PSI.


ELECTIONS

HB 351 – Provides for voter registration as affiliated with a political party or unaffiliated; provides that parties may choose whether to allow unaffiliated voters to vote in their primaries, and whether to allow voters affiliated with another political party to vote in their primary.


GUARDIANSHIPS AND CONSERVATORSHIPS

SB 1056 – Adopts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; provides for communication and coordination between courts in different states, taking of testimony of a witness located in another state, clarification of state court jurisdiction and appropriate forum, transfer of guardianships and conservatorships, and registration of orders from other states.


MOTOR VEHICLES

HB 61 – Amends I.C. 18-8002 and 18-8002A to remove the requirement that the officer seize the defendant’s license upon refusal to submit to an alcohol concentration test or failure of the test.

SB 1116 – Amends I.C. 18-8001 to remove the mandatory suspension of driving privileges for DWP and to make suspension discretionary with the court.


PUBLIC RECORDS & OPEN MEETINGS

HB 328 – Amends the provisions of the public records statutes relating to when inquiry may be made of the requester of public records, when a fee may be charged for responding to a request, and what amount of fees may be charged; prohibits the filing of multiple requests to avoid payment of fees.


Q & A

Any questions relating to 2011 legislation?


ISTARS Update

Julie Cottrell, ISTARS Systems Coordinator


New Statutes:I18-505 - Abortions Performed or Attempted on a Unborn Child Twenty or More Weeks Prohibited


New Statutes:I18-506(3) - Abortions-Physician's Intentional or Reckless Falsification of Required Report


New Statutes:I18-4017(1) - Suicide-Knowingly or Intentionally Assists Another Person to Commit or Attempts to Commit Suicide


New Statutes:I18-6101(8) - Rape-Submits Under Belief that Person Committing Act is Someone Other Than the Accused


New Statutes:I37-2705(d)(30) - Controlled Substance-Possession of Spice or Tetrahydrocannabinols


New Statutes:I37-2705(e) - Controlled Substance-Possession of Bath Salts, Isomers and Salts of Isomers


New Statutes:I49-613(4) - Injurious Material-Vehicle Transporting Load Must Cover or Load to Prevent Hazardous Escaping Debris


New Statutes:I49-613(5) - Injurious Material-Any Person Hauling a Load Must Cover or Load to Prevent Hazardous Escaping Debris


Lead Workers:Please make the following adjustment to your ISTARS Table in Court System Values:


New Fee Table: Effective 7/1/11

No changes except to add the new K4a fee- “For divorce when the complaint did not allege a claim for divorce”.



Q & A

Any questions relating to ISTARS?


Upcoming Training

Idaho Institute for Court Management:October 24-26, 2011 ~ Boise, Idaho

New Clerk Orientation:The fourth Friday of every other month.

Training Schedule Located at:http://www.isc.idaho.gov/JudicialEdu_Clerks.htm

Archived Webinars:http://www.isc.idaho.gov/judicialedu_deputyclerksarchive.htm

Please send online training suggestions to: Janica Bisharat at [email protected]


Clerk’s Manual

To access IKMS, got to https://westkm.idcourts.us

If you have questions about IKMS, please contact:Steve Caylor

IKMS CoordinatorAdministrative Office of the Courts

(208) [email protected]

If you have questions about the Clerk’s Manual, please contact:Janica Bisharat

Program ManagerAdministrative Office of the Courts

(208) [email protected]


General Q & A

Any other questions?


LINKS TO MATERIALS

Idaho Supreme Court Rules:http://www.isc.idaho.gov/rulestxt.htm

2011 Legislative Tracking Report:

http://www.isc.idaho.gov/legislat.htm

Archived Webinars and handouts:http://www.isc.idaho.gov/JudicialEdu_Clerks.htm


Thank you for joining us!

For questions after the webinar,please contact:

Janica Bisharat, Program Manager(208) 947-7417

[email protected]

dial-in number: 1-888-713-3067 code: 2089477414 - * 6 to mute line welcome to the 2011 legislative,...

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