welcome to the 2015 uniform business practices and legislative update

Welcome to the 2015Uniform Business

Practices and Legislative Update

FacultyFaculty

Michael Henderson, Legal Counsel

Michael Mehall, Court Operations Manager

Cathy Derden, Staff Attorney

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

Updates Following the 2015 Legislative

Session


HB 7- BEHAVIORAL HEALTH HB 7- BEHAVIORAL HEALTH AND CONTROLLED AND CONTROLLED SUBSTANCESSUBSTANCES

Amends I.C. § 37-2726 to provide that Prescription Monitoring Program database information may be released upon a lawful ORDER issued by the presiding judge;

Clarifies that such information cannot be released simply on the basis of a subpoena.


HB 61 - JuvenilesHB 61 - JuvenilesAmends law (I.C. § 20-520) to clarify that a

court can place the juvenile on probation for a period following the juvenile’s time in custody of DJC;

The period of probation may be for up to three years following the release but not to exceed the juvenile’s 21st birthday;

If judge imposes probation after custody, set a “Probation Review Hearing” within thirty days of the scheduled release of the juvenile.


HB 062 & SB1069a – Collect HB 062 & SB1069a – Collect on Judgmentson JudgmentsAmends law expanding the rights to collect on

certain judgments.

HB 062 - Victims of crimes awarded restitution may not have understood that their right to execute a judgment would expire after five years unless they petitioned the court for an extension. This bill extended the limitation to twenty years.

SB 1069a – Period during which judgments may be enforced (other than for the recovery of money) from five years to ten years. This change in law only to judgments issued or renewed on and after July 1, 2015.


Misdemeanors -> Misdemeanors -> InfractionsInfractionsThese are a group of bills to reclassify low

level misdemeanors to infractions.

HB 102 - This bill amended I.C. § 20-549 to reduce a first-time curfew violation by a juvenile from a misdemeanor to an infraction.

HB 104 - The first and second offense of placing debris on highways, public, or private property reduced to an infraction and a third offense within 3 years as a misdemeanor with a fine and jail of up to 30 days.


HB 160 – Willfully depositing on a highway or street any object that impedes traffic or creates a hazard is punishable by a fine or by imprisonment not exceeding six (6) months, or by both;

HB 159 - Reduces juvenile first-time tobacco violations to an infraction. Subsequent offenses for sale, distribution, or false identification to obtain, a misdemeanor is maintained with a fine but reduces potential jail time from 6 months to 30 days.


HB 161 - Reduce several fish and game offenses from misdemeanors to infractions;

HB 195 – Reduced several fireworks offenses (sell / use any fireworks not permitted and altering fireworks) to infractions;

HB 121 - Eliminates provision in I.C. § 18-113A which leaves the amount of the penalty in the discretion of the court for certain infractions; adds specific penalties for flooding a highway and smoking in a public place or publicly owned building.


HB 158HB 158 – Criminal – Criminal ProcedureProcedure

Provides courts discretion, when a criminal defendant fails to appear, to set no bail on a bench warrant or to set bail but require that the defendant appear before the court before being released.

This will allow a judge to set appropriate bail when the defendant actually appears in court and to set additional conditions of release to ensure the defendant's future appearance in court.


SB 1035SB 1035– Criminal – Criminal ProcedureProcedureAmends laws pertaining to “blended sentences”

for juveniles convicted as adults; Provides that DJC will have physical custody of

the convicted juvenile until the court terminates DJC’s custody, jurisdiction is relinquished, or the juvenile reaches 18, whichever occurs first;

The Board of Correction will be part of the treatment team; and

Upon release of the juvenile by DJC, the court may impose a period of retained jurisdiction, relinquish jurisdiction and impose the remainder of the sentence with DOC, or place the juvenile on adult felony probation.


SB 1154aSB 1154a – Crimes – CrimesNew law that provides for expungement of

records of arrests, prosecutions, and convictions of offenses committed by a person at the time that the person was a victim of human trafficking and that was the result of acts required by the human trafficker;

Will require sealing of court records related to such arrests, prosecutions, and convictions.


Rules UpdateRules Update


Michael J. Mehll, Court Operations Managerwith assistance from

Cathy Derden, Supreme Court Staff Attorney

I.R.C.P.16(a)&(b) I.R.C.P.16(a)&(b) – Scheduling – Scheduling Conferences and Scheduling Conferences and Scheduling OrdersOrders

Rule 16(a) - The requirement to conduct a scheduling conference has been deleted.

The rule, however, still requires the court to take action which results in the filing of a scheduling order.


Rule 16(b) was also revised to remove the requirement that a formal pretrial conference take place.

If the assigned judge conducts a formal pretrial conference, the new Rule 16(b) language expressly requires that “it shall be held on the record and any ruling of the court shall be reflected in a minute entry.”


I.R.F.L.P. 106I.R.F.L.P. 106 - Consolidation - ConsolidationThis new amendment provides that, if the

domestic relations case is filed in the proper county, a motion to consolidate may be filed in the new case and the judge assigned to the new case may rule on the motion.

Effective April 15, 2015


Business Process for Court Clerks:

File stamp motion and enter the appropriate ROA/EVENT code. The new case must be in the proper venue. A motion for change of venue is not required. There is NO filing fee.

Route the motion and proposed order with the case file to the judge assigned to the new domestic relations case involving custody. Upon granting of the motion, file stamp the "Order Granting Consolidation" and enter appropriate ROA/EVENT code.


Business Process continued:

If the prior support case was in same county:

In ISTARS - Consolidate cases. In ODYSSEY – Relate the previous case to new case.

Confirm that the case management system identifies both cases under the case number assigned to the action involving custody.


Business Process continued:If the prior support case was in different

county: Provide notice of the order to the prior court. Upon receipt of the order, the prior county

court will handle the case as a change of venue without fees.

Enter the ROA/EVENT code “VENU” and indicate the court of new venue, enter the civil disposition from the disposition screen in ISTARS. In ODYSSEY enter the disposition and close the case with event CDIS.


I.R.F.L.P. 201(c)I.R.F.L.P. 201(c) – Proceedings – Proceedings to Modifyto Modify

Clarifies that a modification proceeding is commenced by filing a petition in the original action. Service must be on the opposing party rather than on the previous attorney of record for the party.

No right for an existing party in the lawsuit to disqualify the judge without cause.

The petition to modify shall be resolved by the entry of a judgment.

Effective April 15, 2015 Dial-In Number: 1-888-713-3067 Code: 2089477414* 6 to mute line

I.R.F.L.P. 101I.R.F.L.P. 101 – Scope of Rules – Scope of Rules

Legal separation has been added to the actions governed by these rules.


I.R.F.L.P. 112I.R.F.L.P. 112 – Notice of Order – Notice of Order Granting Granting Leave to WithdrawLeave to Withdraw

I.R.C.P. 11(b)(3) was amended in 2014 to require the clerk to serve the order to withdraw on all parties. The amendment to this family law rule mirrors the language in the civil rule.

As such, the amendment places the responsibility on the clerk to serve the order in the same manner that other orders are served.


I.R.F.L.P. 115(B)I.R.F.L.P. 115(B) – Ntc of Order – Ntc of Order Granting Granting Leave to WithdrawLeave to Withdraw

The clerk is to give notice of orders or judgments.

Best Practice for Court Clerks:Immediately upon the entry of an order of

judgment the clerk shall serve by mail or hand a copy on every party affected.

The judgment should include the clerk’s filing stamp showing the date of filing.

Make a note in the court record re the service.


I.C.R. 5.3 (c)(7)I.C.R. 5.3 (c)(7) –Discovery –Discovery and Inspectionand Inspection

The clerk of the arresting county will provide written notice of the dates of the probationer’s arrest and appearance before the court to the clerk of the county where the probationer was placed on probation so that timely transport can be provided to the sentencing county.

Upon receipt of the written notice, the clerk of the county where the probationer was placed on probation must provide a copy of the notice to the parties in the case.


I.C.R. 11 I.C.R. 11 – New Plea – New Plea Advisory FormAdvisory FormRevisions to the Guilty Plea Advisory Form

by a committee of District Judges and the Criminal Rules Advisory Committee were adopted by the Idaho Supreme Court.

The form is referenced in Rule 11 and identified as “Appendix A” to the Criminal Rules.

The new form will be loaded into the court’s case management system. A copy is also available online.


I.C.R. 18 I.C.R. 18 – Felony Pretrial – Felony Pretrial ConferenceConferenceThis rule regarding Pretrial Conferences

now applies only to felonies and it makes a distinction between pretrial conferences and informal settlement conferences.

A pretrial conference requires a written record of matters decided (preferably in court minutes).


The amendment allows the court to hold an informal settlement conference off the record. Consult with the assigned judge and adjust your practice accordingly.

The existing language: “no admissions made by the defendant [] may be used against the defendant unless reduced to writing and signed by the defendant” now only applies to an informal settlement conference.


I.C.R. 23 I.C.R. 23 – Trial by Jury: – Trial by Jury: Felony / Misdemeanor – Felony / Misdemeanor – Same JurySame Jury

Rule 23 was amended to state that if felony and misdemeanor charges are charged together, in the same information or indictment in a consolidated case, they shall be tried before the same twelve-person jury.


I.C.R. 32(h)(1) I.C.R. 32(h)(1) – PSI – PSI ReportReportWhen supervision is transferred to

another state the IDC transfers a copy of the PSI.

The IDOC does not need a court order to transfer a copy of the PSI.

The victim has a right to read (but NOT have a copy of) a presentence investigation report.


I.C.R. 33(e) I.C.R. 33(e) – Discretionary – Discretionary Jail TimeJail TimeDiscretionary jail time defined as jail time to

be served at the discretion of the probation officer as a sanction for violating a term or condition of probation.

Does not include incarceration for a defendant treatment.

The new subsection sets out a procedure for imposing discretionary jail time and limits it to no more than three consecutive days. It also provides that any time served in jail as discretionary jail time shall be credited against the period of discretionary jail time specified as a condition of probation.


IDAHO MISDEMEANOR / IDAHO MISDEMEANOR / INFRACTION CRIMINAL INFRACTION CRIMINAL RULESRULES

M.C.R. 13(b) - Bail Bond ScheduleSeveral changes were made to the bail bond

schedule to reflect recent legislation described above reducing misdemeanors to infractions. In addition, tampering with a vehicle was removed.

I.I.R. 9(b) - Infraction Penalty SchedulePenalties for those infractions identified above

were added to the infraction penalty schedule. Dial-In Number: 1-888-713-3067 Code: 2089477414* 6 to mute line

I.J.R. 37I.J.R. 37 Right to Counsel Right to Counsel (C.P.A.)(C.P.A.)For a child under the age of 12, the court

shall appoint a guardian ad litem for the child or children; and

Shall appoint counsel to represent the guardian ad litem unless the guardian ad litem is already represented by counsel.


I.C.A.R. 32I.C.A.R. 32 – Records of the – Records of the Judicial DepartmentJudicial Department


“Court record” now any document, information or other thing that is “filed, docketed or lodged.”

Subsection (g)(9)(E), which made an exception in cases where a juvenile is adjudicated guilty of an act which would be a criminal offense if committed by an adult has now been deleted.


Subsection (g)(20) was amended to state that in in cases involving child custody, child support, and paternity cases, no redacted copy of any order, decree or judgment must be prepared until there is a specific request for the document.

Only then should the document should be redacted.

In addition, a person may request the court to make other records in the case available for examination and copying at which point the court must review and make the records available subject to the criteria set out in the rule.


Subsection (i) addresses other prohibitions or limitations on disclosure and motions regarding the sealing of records and has been amended to provide that when there is a motion to seal a record the court may order that the record be immediately redacted or sealed pending the hearing if the court finds that doing so may be necessary to prevent harm to any person or persons.

ISTARS UpdateISTARS Update


ISTARS Reminder: Reset ISTARS Reminder: Reset the court statute revision the court statute revision in the “Court System in the “Court System Values” tableValues” table


(Only one clerk needs to do the following process in each county)To activate the new statute table, the court lead worker must perform the following steps:Go to TablesThen to - Court SetupThen to - Court System ValuesScroll down to the “Current Statute Revision” line, and type in 201507 and save.

Statute Changes

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

For questions after the webinar, please contact:

Janica Bisharat, Director Court Management Division(208) 947-7414

[email protected]

welcome to the 2015 uniform business practices and legislative update

Documents

mute linedial

mute linehb

mute lineupdates

period of probation

legislative update dial

juveniles time

probation review hearing

judgmentsamends law