welcome to the 2012 legislative, rules, and istars update! ~ webinar reminders ~ please mute your...

Welcome to the 2012 Welcome to the 2012 Legislative, Rules, and Legislative, Rules, and

ISTARS Update!ISTARS Update!

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FacultyFaculty

• Patricia Tobias, Administrative Director of the Courts

• Hon. Barry Wood, Senior Judge

• Cathy Derden, Staff Attorney

• Michael Henderson, Legal Counsel

• Julie Cottrell, ISTARS Systems Coordinator

• Janica Bisharat, District Court Services

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

Highlights of Supreme Highlights of Supreme Court Rule ChangesCourt Rule Changes

Cathy Derden, Staff AttorneyMichael Henderson, Legal Counsel


Idaho Criminal RulesIdaho Criminal RulesRule 6.6. Indictment

•Once a charge has been rejected by a grand jury, the prosecutor may not file an information. The amendment to this rule adds a new subsection, entitled “Return of no bill”, that requires the grand jury’s finding of no probable cause to be recorded and kept as part of the record of that proceeding.


Idaho Criminal RulesIdaho Criminal Rules

Rule 43. Presence of the defendant.

This rule provides that further progress of a trial to and including the return of the verdict shall not be prevented when a defendant, who is initially present, is voluntarily absent after the trial begins or has been removed from court due to disruptive behavior. The amendment expands this provision so that it applies to any proceeding.


Idaho Infraction RulesIdaho Infraction Rules


Rule 9. New fee schedule.

Changes have been made to the infraction schedule to reflect the statutory amendment raising POST fees by $5.00. Every infraction that includes a POST fee has been raised by $5.00.

One new infraction was added to the schedule and that is texting while driving. The fixed penalty is $25.00 and, with court costs, the total penalty will be $81.50.

Idaho Idaho Misdemeanor RulesMisdemeanor Rules


Rule 13. New bond schedule.

By statute, there is a $5.00 increase in POST fees for misdemeanors. In addition, the legislature added a new $10.00 fee to misdemeanors for VINE, the Victims Information and Notification System. As a result, all payable misdemeanors were raised by $15.00.

A few other misdemeanors were raised in a similar fashion so that they would not become payable.

Idaho Rules of Civil ProcedureIdaho Rules of Civil Procedure

Filing Fee Schedule

• Some of the filing fees have been raised $8.00 due to the statutory increase in fees collected pursuant to I.C. § 1-2003.

• Cases involving minor children will be exempt from disclosure beginning July 1, 2012. As a part of implementing the rule amendment, separate filing fee categories have been created to help identify these cases.


Idaho Juvenile RulesIdaho Juvenile Rules


Rule 40. Notice of Proceedings (CPA)

Subsection (b) now clarifies that when a youth over eight seeks to participate in a proceeding by way of a writing, the writing shall be filed with and considered by the court and copies provided to the Department of Health and Welfare, whether or not a party, and all parties to the case.

Idaho Court Administrative Rules Idaho Court Administrative Rules


Rule 32(g)(19) Records of the Judicial Department

Guardianships and conservatorships have been added to the list of proceedings that are exempt from disclosure except as to certain interested persons specified in the rule. A majority of the record is exempt from disclosure, but the rule does provide that certain records are still open. The public may access the register of actions, letters of guardianship or conservatorship, any order of the court regarding a bond by a conservator and the bond, as well as any order, decree or judgment dismissing, concluding or otherwise disposing of the case.

Idaho Court Administrative RulesIdaho Court Administrative Rules


Rule 32(g)(20) Family Law

• Adds records in cases involving child custody, child support and paternity to the list of records that are exempt from disclosure.

• The register of actions (ROA) is still available to the

public, as is any order, decree or judgment, though the order is subject to the redaction requirements of I.R.C.P. 3(c)(4), as far as certain personal identifying information.

• Parities and their attorneys will still have access to the records in these cases under I.C.A.R. 32(c).

Q & A Q & A


Any questions about the 2012 rule changes?

Summary of Selected Summary of Selected LegislationLegislation


Patti Tobias, Administrative Director of the CourtsMichael Henderson, Legal Counsel

Hon. Barry Wood, Senior Judge

AppropriationsAppropriations H0678 – APPROPRIATIONS – Appropriation for Department

of Correction for FY 2013; includes funding for community based substance abuse treatment.

H0685 – APPROPRIATIONS – Appropriation for Supreme Court for FY 2013; appropriates a total budget of $48,959,000, including funding for a 2% pay increase.

H0701 – APPROPRIATIONS – Trailer bill to H0660, the bill addressing funding of the Judges’ Retirement Fund.

S1399 – APPROPRIATIONS – Appropriation of $22,614,500 from the Permanent Building Fund to the Division of Public Works; includes $1,500,000 for Capitol Annex infrastructure.


Civil Procedures & TortsCivil Procedures & Torts• S1253 – CIVIL PROCEDURE – Amends I.C. § 5-508 to

provide that an application for service by publication may be supported by either an affidavit or a verified complaint (the statute currently requires a verified complaint).


CourtsCourts


• H0651 – COURTS – Increases judicial salaries by 2%.

• H0660 – COURTS – Amends the Judges’ Retirement Fund statutes and increases employee’s and employer’s contribution; increases JRF civil filing fee from $18 to $26.

Crimes & Criminal ProcedureCrimes & Criminal Procedure

H0448 – CRIMES – Raises the POST fee paid by those who commit crimes or infractions from $10 to $15.

H0475 – CRIMINAL PROCEDURE – Provides that a court may extend the period of probation for a misdemeanor to include the period of time during which the defendant is a participant in a problem solving court program and for one year after the defendant graduates or is terminated from the program.



H0595 – CRIMES – Creates the State Victim Notification Fund to support the Statewide Automated Victim Information and Notification System (VINE); requires each person found guilty of each felony or misdemeanor to pay a fee of $10, to be deposited in the Fund, unless the court waives the fee because the person is indigent.


Crimes & Criminal ProcedureCrimes & Criminal Procedure H0648 – CRIMINAL PROCEDURE – Amends I.C. § 19-2524 to

provide for: (1) screening of all persons convicted of felonies for substance use disorder and serious mental illness, unless the court waives the screening; (2) SUD assessment and/or mental health examination if need is identified by the screening; (3) community-based treatment if the defendant is placed on probation; court can order screening at any time after sentencing when the court exercises jurisdiction over defendant.



S1213 – CRIMINAL PROCEDURE – Amends I.C. § 19-3945 to provide that witnesses in criminal cases in the magistrate division, in coroner’s inquests and before special inquiry judges receive the same mileage and the same $8 per day fee as witness in criminal proceedings in district court, and that jurors in coroner’s inquests receive the same mileage and $10 per day fee as other jurors.

S1265 – DEATH PENALTY – Amends I.C. § 19-2718 to provide that the return of the death warrant following execution shall be made to the district court.



S1266 – DEATH PENALTY – Amends I.C. § 19-2715 to provide for stays of execution by order of a federal court or as part of a commutation proceeding, provides for issuance of a new death warrant if a previous death warrant has not resulted in an execution because of a stay, and drops the requirement that the defendant be brought before the district court for the issuance of a new death warrant.



S1340 – CRIMINAL PROCEDURE – Provides that magistrate judges can order payment by a probationer of the costs of testing of breath or bodily fluids as a condition of probation; provides that such costs can be imposed in both felony and misdemeanor cases in addition to the probation supervision fees.



SJR102 – CRIMES – Proposes a constitutional amendment that would amend article X, section 5 of the Idaho Constitution to provide that the Board of Correction has the control direction, and management of adult felony probation and parole, as opposed to the present provision which addresses “adult probation and parole.”


Motor VehiclesMotor Vehicles H0540a – MOTOR VEHICLES – Provides for an online insurance

verification system so that police officers can verify the existence of insurance coverage on a motor vehicle.

SB1319 – MOTOR VEHICLES – Provides that proof of liability insurance may be provided in electronic format, including a display of electronic images on a cell phone or other electronic device.


Public RecordsPublic Records H0599 – PUBLIC RECORDS – Gives the Idaho State Historical

Society responsibility for records management for state government; permits the Society to charge reasonable amounts to state and local agencies for records management services; permits the Society to adopt rules and procedures for retention periods for records, conditions and procedures for destruction of state created records, utilization of microfilming and imaging services, and protocols for an electronic records management program.


New Offenses New Offenses H0405 – JUVENILES – Forbids sale of electronic cigarettes to

minors and possession of electronic cigarettes by minors, providing the same penalties as for sale or use of tobacco products.

H0511a – CRIMES – Establishes standards for lighting and marking of guyed towers more than 50 feet in height to ensure aircraft safety; makes a violation of these provisions a misdemeanor.


New Offenses New Offenses

S1215a – CRIMES – Repeals I.C. §§ 18-2503, 18-2510 and 18-2511; enacts a new I.C. § 18-2510 that makes it a misdemeanor to bring contraband into, or possess contraband in, a correctional facility or attempt to do so; makes it a felony to do these acts with “major contraband” (drugs, more than 3 ounces of tobacco, weapons, telecommunications).


New OffensesNew Offenses S1293 – CRIMES – Provides that it is a felony for any person

to buy, receive, sell, give away, dispose of, exchange or barter any federal food stamp benefits with a value of $100 or more; the existing threshold for a felony is $150.

S1303a CRIMES – Makes a third conviction for cruelty to animals within 15 years a felony punishable by up to one year in jail and a fine of not less than $500 and not more than $9,000; makes it a misdemeanor to advertise, promote or organize a cockfight; it is a felony if (1) controlled substances are present; (2) gambling takes place. (Penalty provisions are confusing.)


New Offenses New Offenses S1337a – CRIMES – Amends provisions relating to the sexual

exploitation of children and vulnerable adults by defining “commercial purpose” and by defining sexually exploitative material to include video chat, webcam sessions and video calling.

S1338 – CRIMES – Amends I.C. § 18-1509A, regarding enticing of children, to includes the use of “any device that provides transmission of messages, signals, facsimiles, video images or other communication” in the definition of enticing.

S1274a – MOTOR VEHICLES – Makes texting while driving an infraction; provides exception for voice-operated or hands free devices.


Q & AQ & A

Any questions relating to 2012 legislation?


ISTARS UpdateISTARS Update


Julie Cottrell, ISTARS Systems Coordinator

A new fee table will be A new fee table will be added to ISTARS effective added to ISTARS effective 7/1/127/1/12

An itemized listing of the new civil filing fee changes discussed here will be sent out in document format to the lead clerks prior

to July 1, 2012.


Updates to Costs and FeesUpdates to Costs and Fees


Victim Notification Fee:Victim Notification Fee:


Civil Filing FeesCivil Filing Fees


Idaho Court Administrative RulesIdaho Court Administrative Rules


Rule 32(g)(20) Family Law

• Adds records in cases involving child custody, child support and paternity to the list of records that are exempt from disclosure.

• The register of actions (ROA) is still available to the

public, as is any order, decree or judgment, though the order is subject to the redaction requirements of I.R.C.P. 3(c)(4), as far as certain personal identifying information.

• Parities and their attorneys will still have access to the records in these cases under I.C.A.R. 32(c).

New Civil SubtypesNew Civil Subtypes

• DW - Divorce with minor children

• DN - Divorce no minor children

• CERTAIN DOCUMEMNTS MAY BE ACCESSIBLE UNDER I.C.A.R.32


Certain Documents May be Certain Documents May be Accessible Under ICAR 32Accessible Under ICAR 32


Code Case Subtype Filing Fee Code

IB Both Guardianship / Conservatorship (Incapacitated) G3b, G3d

IC Conservatorship (Incapacitated) G2b

IG Guardianship (Incapacitated) G1b

MB Both Guardianship / Conservatorship (Minor) G3a, G3c

MC Conservatorship (Minor) G2a

MG Guardianship (Minor) G1a

DW Divorce with minor children B1a, B2a

SP Support Proceedings A9, H14

PT Paternity A11

New Banner in ISTARSNew Banner in ISTARS


New Banner in the RepositoryNew Banner in the Repository


Add Judge Counts for New Add Judge Counts for New Case Subtypes ** Lead ClerkCase Subtypes ** Lead ClerkGo to: Tables

Select JudgesSelect Counts

For any Judge who had a “count number” for DR, that number will need to be replaced in the DC and DN subtypes for both “To Assign” and “Left to be Assigned” columns.


Judge Count Maintenance – Judge Count Maintenance –


New Statute TableNew Statute Table

201207•A printed complete listing of all of the statutes added will be sent to the lead clerks in mid-June.

•We are working now to provide e-citation agencies with the new statutes and fee changes.


Activation of Revision 201207 -Activation of Revision 201207 -Lead Clerk Setup (end of June)Lead Clerk Setup (end of June)

• Go to tables

• Select Court setup

• Select Court System Values

• Scroll down to “Current Statute Revision” and change that selection from 201107 to 201207.


Thank you for all that you do!Thank you for all that you do!


Q & AQ & A

Any questions relating to ISTARS?


Upcoming TrainingUpcoming Training

Idaho Institute for Court Management:October 2 - 5, 2012 ~ Boise, Idaho

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

Training Schedule and Archived Webinars Located at:http://isc.idaho.gov/judicial-education/home

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


Thank you for joining us!Thank you for joining us!

For questions after the webinar, please contact:

Janica Bisharat, District Court Services(208) 334-3868

[email protected]