Idaho State Bar & Idaho Law Foundation Announcements

The following announcements have been published within the past six (6) months.

July

U.S. Courts Hold Symposium to Address Descamps

The U.S. District Court and the U.S. Probation Office are sponsoring a one-day "Descamps Symposium" on Friday, August 22nd at the U.S. District Courthouse in Boise. For additional information regarding the symposium and Descamps, view the Symposium Brochure, Descamps v. United States syllabus, and the Descamps Analysis.

Call for Nominations: Richard C. Fields Civility Award

The Idaho State Bar Professionalism & Ethics Section and Concordia University School of Law are honored to invite nominations for the Richard C. Fields Civility Award. Dick Fields was consistently recognized for his service, professionalism, and leadership within the Idaho State Bar and was known in the legal community as an advocate for civility in the practice of law. Dick received the Idaho State Bar’s Distinguished Lawyer award in 2000 and chaired the Dean’s Advisory Council at Concordia Law since its inception in 2009.

In honor of Dick’s memory and the legacy he left for future generations of lawyers in Idaho, we invite you to nominate an Idaho lawyer who demonstrates a commitment to professionalism and civility in the profession. To do so, please send an email to Dean Cathy Silak or Gene Petty with the name of the attorney and a paragraph describing the attorney’s commitment to civility in the profession by August 4, 2014. The Richard C. Fields Civility Award will be presented at Concordia Law’s Professionalism & Ethics Orientation, a program Dick helped create, on Saturday, August 23, 2014 at 12:00 pm.

U.S. District & Bankruptcy Court – Lawyer Representative Vacancy

The U.S. District & Bankruptcy Court for the District of Idaho is accepting applications for a three-year term as a lawyer representative.  The term of service will commence October 2014.  In addition to being a lawyer in good standing of the Idaho State Bar, the individual’s law practice must be within the Third or Fifth District.  For information including additional qualifications, the application process and position responsibilities, please select:  US District & Bankruptcy Court-Lawyer Representative.  You may also wish to speak with current or past lawyer representatives regarding their experiences in this capacity.

Persons interested in applying should submit a letter setting forth their experience and qualifications, no later than August 29, 2014, via email to Diane K. Minnich, Idaho State Bar Executive Director.

Legal Rate of Interest Now Available for FY2015

From the Idaho State Treasurer’s Office ... The rate of interest on money due on judgments for fiscal year 2015 is 5.125%. Computation: Idaho Code 28-22-104. For the breakdown of the computation and the history of past rates, select: Idaho State Treasurer's Office - Legal Rate of Interest. Questions may be directed to: IdahoTreasurer@sto.idaho.gov

This rate of interest will be in effect from July 1, 2014 through June 30, 2015. The new rate will be announced by July 1st of each succeeding year.

June

Proposed Amendment on Discretionary Jail Time (ICR 33)

The Idaho Supreme Court is seeking comments on a proposed new subsection to I.C.R. 33 on Discretionary Jail Time.  The proposed amendment can be found at
http://www.isc.idaho.gov/problem-solving/idaho-court-rules-and-amendments-available-for-public-comment. Comments may be submitted to Cathy Derden by July 11.

Achenbach Email - Not Affiliated with Idaho State Bar or Casemaker

Idaho State Bar members may have recently received an email from Dave Achenbach indicating his product QuaeroLex Desktop Organizer integrates with Casemaker to “fully automate the download, naming and storage process.” That email is not affiliated with the Idaho State Bar or Casemaker. Members should be cautious of emails from unknown entities and to avoid opening links or downloads that could be malicious.

May

Board of Commissioners Election Results

The results for the 2014 Board of Commissioners elections show that Michelle Points (Boise) will represent the Fourth District and Dennis Voorhees (Twin Falls) will represent the Third and Fifth Districts. Their terms will begin in July at the ISB Annual Meeting.

The Board of Commissioners is the elected governing body of the Bar which consists of five commissioners, elected from Idaho’s seven judicial districts.  Two commissioners represent the Fourth District, one represents the First and Second Districts, one the Third and Fifth Districts, and one the Sixth and Seventh Districts. Commissioners serve staggered three-year terms. The Commissioners meet 8-10 times a year to oversee the various functions and programs of the Bar.  Pursuant to Idaho Bar Commission Rule 900, member input and recommendations are generated through the fall resolution process.  This process allows members of the bar to have the opportunity to recommend changes in rules of the court statutes, policies or rules of the Bar, and to discuss issues of interest or concern.  The Idaho State Bar cannot take a position on legislation unless the members have approved the issue during the resolution process.

Congratulations Michelle and Dennis!

2014 Contested Judicial Election - Attorney Survey Results

The Idaho State Bar recently conducted a survey of its members on the qualifications of candidates in contested judicial elections. The Idaho State Bar conducts this survey and disseminates the survey results to help voters learn more about the judicial candidates. The May 20th primary election will include eight (8) contested judicial elections.

The Idaho State Bar does not interpret or express any opinion about the results of these surveys. These results show the number of surveys sent to Idaho State Bar members in Idaho and the number and percentage of surveys returned. The information presented is limited to the responses received. The Idaho State Bar makes no endorsements.

The Idaho State Bar membership passed a resolution in 2003 that requested a survey be developed for use in contested judicial elections. A committee of lawyers and judges developed the four-question survey and the Idaho State Bar has conducted the survey for every contested judicial election since 2006.

The survey rates candidates on four criteria:

  1. Integrity and Independence
  2. Knowledge and Understanding of the Law
  3. Judicial Temperament and Demeanor
  4. Legal Ability and Experience

Attorneys were asked to vote only if they have a personal and/or professional experience with the candidate. Results for the Idaho State Bar attorney survey of those running for contested judicial elections are below:

For further information, including the original text of the survey, please email Dan Black, Communications Director, or contact him at (208) 955-8866.


Welcome New Members!

On May1 and 2, 2014, the Idaho State Bar welcomed 60 New Members.

April

Board of Commissioners Election Ballots – Due May 6

Ballots were mailed to all active members and judges of the Idaho State Bar the week of April 21st. Candidates include:

DISTRICT 4 (Central Division) - Howard A. Belodoff / Michelle R. Points
DISTRICTS 3 & 5 (Western Division) - Laird B. Stone / Dennis S. Voorhees

Each completed ballot must be enclosed in a sealed envelope marked “ballot.”  To validate your ballot, you must sign and print your name on the ballot envelope.  All completed ballots must be received in the ISB office by 5:00 p.m. (MT) on Tuesday, May 6, 2014.


Comments Sought on Proposed Amendment of Discretionary Jail Time

The court will be considering a proposed amendment to Idaho Criminal Rule 33 that addresses the imposition of discretionary jail time.

To view the proposed rule, select ISC PROPOSED AMENDMENT TO CRIMINAL RULE 33. Please send comments and suggestions to Cathy Derden by May 5, 2014. Committee minutes may be found following the proposed amendment. 


Support Civic Education through Idaho Gives - May 1

On Thursday, May 1st, the Law Related Education Program will be participating in Idaho Gives to help raise funds for mock trial and other important Law Related Education Programs. This is your opportunity to help Law Related Education and make a difference for civic education and the Idaho students who participate. Visit the Law Related Education's Idaho Gives page, become a fan, consider supporting LRE’s work statewide, and tell others why you support us in the comments section.


2014 Mock Trial Courtroom Artist Contest Results

The following students received top honors in the Second Annual Mock Trial Courtroom Artist Contest:

  • First Place - Autumn Cole, Lewiston High School
  • Second Place - Irene Hong, Logos School (Moscow)
  • Third Place - Chloe Mashburn, Firth High School

The Law Foundation’s Law Related Education Program awarded a total of $175 in prize money to the three artists - donated by an anonymous donor to the Idaho Law Foundation - to recognize the accomplishments of the top three courtroom artist entries.

The Courtroom Artist Contest is open to students in grades 9 to 12, to allow artistically talented students the opportunity to participate in the mock trial program. Artists observe trials and submit sketches that depict actual courtroom scenes. Participants can be part of a team or enter on their own. The top six finishers from regional contests are invited to participate in the state mock trial competition.

Winning drawings will be displayed at the offices of the Idaho Law Foundation in Boise and reproduced for inclusion in the State Bar’s magazine, The Advocate, as well as on the Law Foundation website.

For more information about the Mock Trial Program or the Courtroom Artist Contest, contact Carey Shoufler, Law Related Education Director, at 208.334.4500.


February 2014 Bar Exam Successful Applicants

The list of Successful Applicants from the February 2014 bar examination was released on April 10, 2014. The Admission Ceremony will be held on May 1, 2014 in Boise.


Nominations Sought for 25th Annual Family Law Section Award of Distinction

Twenty-five years ago, just after the Family Law Section was reorganized, the newly revitalized Family Law Section inaugurated the Family Law Section Award of Distinction, to be presented to a member of the bar, the judiciary, or the public who has provided outstanding service in the realm of family law.

Twenty-five years later, nominations are currently being sought for the 2014 award, which will be presented at a reception to be held in conjunction with the ISB Annual Meeting. The reception will take place from 6:30 to 8:00 P.M. on Thursday, July 17, 2014, in Pocatello.

The Family Law Section is pleased to accept your letter of nomination of a lawyer, judge, or citizen connected with family law who has distinguished themselves during their career in the advancement of family law in Idaho. Section membership is not a requirement to nominate or to receive the award, though support of the Family Law Section might well be one of the elements of the nominee's distinction on behalf of family law.

Please review the Family Law Award of Distinction Recipients List to avoid nominating someone who has previously received the award. If you would like to nominate someone for the award, please email a short letter of nomination to Mahmood Sheikh at the Idaho State Bar, which will them be forwarded to the committee for consideration. If you have questions, please email Committee members Tom Dial, Michael Kraynick, or Linda Pall.

All nominations must be received on or before Monday, April 28 at 5:00 P.M. MDT.


Idaho Supreme Court Seeks Letters of Interest for Public Defense Commission - Due April 30

The Supreme Court is accepting letters of interest for appointment to the newly established Public Defense Commission. Pursuant to HB 542 relating to the Idaho Public Defense Act, the Supreme Court shall appoint one member to the seven member State Public Defense Commission, established by I.C. § 19-849. No one who is currently employed as a prosecuting attorney or who is a current employee of a law enforcement agency may be a member of the Commission. The member appointed by the Supreme Court shall serve a term of two (2) years. The members of the Commission shall be compensated as provided for in I.C. § 59-509(b). The powers and duties of the State Public Defense Commission are set forth in I.C. § 19-850.

Please submit your letter of interest to: Patricia Tobias, Administrative Director of the Courts, Idaho Supreme Court, PO Box 83720, Boise, ID  83720-0101 or ptobias@idcourts.net.

March

Appellate Practice Section Organizational Meeting

The ISB Board of Commissioners approved the petition submitted to form an Appellate Practice SectionAn organizational meeting of the section will take place on Monday, April 7 at 12:00 p.m. Noon (MT) at the Law Center, 525 W. Jefferson in Boise. Agenda items include: selection of officers and discussion of membership dues, composition of the governing board, and the design and development of Section activities.

All Bar members are invited to participate.  Lunch will be provided for those who RSVP to attend in person with 24-hour notice. You may also participate via telephonic conferencing by dialing (888) 706-6468 and using participant code 4121520. If you are planning to participate (either in-person or via telephone), please RSVP via email to Dayna Ferrero. For more information, please contact ISB Deputy Executive Director Mahmood Sheikh at (208) 334-4500.

To view the agenda, select: APL SECTION ORGANIZATIONAL MEETING


Spring Case Review - Sponsored by the Fourth District

Tuesday April 1, 2014
Red Lion Downtowner, 1800 Fairview Avenue - Boise
2.75 CLE Credits (Pending Approval)
FREE Program
5:00 p.m. - Social (No Host Bar/ Hosted Appetizers)
5:30 p.m. - Fourth District Bar Annual Meeting and Election of Officers
5:45 p.m. - CLE Program/Spring Case Review (Topics will include real estate law, estate planning and probate, ethics, business and corporate law, evidence and procedure, tort law, employment law, criminal law, bankruptcy, workers compensation and family law)

Pre-registration is requested, but not required. RSVP to emwhite@uidaho.edu.


Board of Commissioners Election Notice - Nominations Due April 1

Attorneys in the 3rd, 4th and 5th district will be electing new representatives to the Idaho State Bar Board of Commissioners this Spring. The new commissioners will replace William H. Wellman (Nampa) and Robert T. Wetherell (Boise). Pursuant to Idaho Bar Commission Rule 900, the new commissioner representing the 3rd and 5th districts must reside or maintain an office in the 5th district. Commissioners of the Idaho State Bar - the elected governing body of the Bar - serve for three (3) years, beginning on the last day of the ISB Annual Meeting following their elections. The Board of Commissioners is charged with regulating the legal profession in Idaho, which includes the testing, admission, and licensing of attorneys, overseeing disciplinary functions and administering mandatory continuing legal education requirements.

Nominations must be in writing and signed by at least five (5) members of the ISB in good standing and eligible to vote in the districts. The Executive Director must receive nominations no later than the close of business on Tuesday, April 1, 2014. A nominating petition form may be obtained by calling the office of Executive Director at (208) 334-4500 or by selecting one of the following options:

Ballots will be mailed to all members eligible to vote in the 3rd, 4th and 5th districts on Monday, April 21, 2014. All ballots properly cast and returned to the ISB office will be counted by a board of canvassers at the close of business on Tuesday, May 6, 2014.

February

Comments Sought on Proposed Amendments to ICAR 32 and ICR 46

The Rule 32 Committee is seeking comments on proposed amendments to Idaho Court Administrative Rule 32, Records of the judicial department--Examination and copying—Exemptions from and limitations on disclosure. In addition, the Bail Bonds Guidelines Committee is seeking comments on its proposed amendments to Idaho Criminal Rule 46, Bail or release on own recognizance. Both sets of proposed amendments can be found at http://www.isc.idaho.gov/problem-solving/idaho-court-rules-and-amendments-available-for-public-comment with comments due by March 13, 2014.


Domestic Violence Training FREE CLEs

You are invited to attend a FREE domestic violence training program – available in Nampa or Pocatello.  If you are interested in attending, please register prior to Friday, February 21st.

Domestic Violence Training: A Coordinated Effort
Tuesday, March 11, 2014
8:30 a.m. – 5:00 p.m. (MDT) – Registration at 8:00 a.m.
Hispanic Cultural Center, 315 Stampede Drive – Nampa

To view the program agenda, select:  DOMESTIC VIOLENCE TRAINING AGENDA - Nampa
To attend, please select:  DOMESTIC VIOLENCE TRAINING REGISTRATION

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Domestic Violence Training
Wednesday, March 12, 2014
1:00 – 4:30 p.m. (MDT) – Registration at 12:30 p.m.
Red Lion Hotel, 1555 Pocatello Creek Road – Pocatello

To view the program agenda, select:  DOMESTIC VIOLENCE TRAINING AGENDA - Pocatello
To attend, please select:  DOMESTIC VIOLENCE TRAINING REGISTRATION

Comments Sought on Proposed Amendments to ICRP, including Rule 26(b)(4)

The Civil Rules Advisory Committee is seeking comments on proposed amendments to the Idaho Civil Rules of Procedure, especially Rule 26(b)(4), Trial Preparation-Experts. The committee minutes offering explanations for the proposals may be found at http://www.isc.idaho.gov/recent-amendments under the Idaho Rules of Civil Procedure.  In addition, the Advancing Justice Committee is seeking comments on its proposed amendments to I.R.C.P. 16 and 56.  Both sets of proposed amendments can be found at http://www.isc.idaho.gov/problem-solving/idaho-court-rules-and-amendments-available-for-public-comment with comments due by February 26, 2014.


2014 Licensing Deadline

The licensing deadline is February 1, 2014.  Since the 1st is a Saturday, we will accept payments through February 3, 2014 as timely.  Payments not physically received in the Idaho State Bar Office by the deadline must be accompanied by the licensing late fee:  $100 for active and house counsel members; $25 for inactive, senior and emeritus members.  Note: postmarks do not qualify as meeting the deadline.  Our street address for overnight deliveries is 525 W. Jefferson Street, Boise, Idaho 83702. The final licensing deadline with late fee is March 1, 2014.

January

Comments Sought on Idaho Rules of Family Law Procedure

The Children and Families in the Courts Committee will soon be considering a recommendation to the Idaho Supreme Court on whether to adopt for statewide use the Idaho Rules of Family Law Procedure that are currently being piloted in the Fourth District.  A copy of these rules can be found on the court’s website at http://www.isc.idaho.gov/irflp.   The Committee is seeking comments on whether the rules should be implemented statewide.   Comments may be sent via email to Deena Layne by January 24, 2014. 

December

Idaho Supreme Court Signs Rule Amendments Effective January 1

The Supreme Court has entered several orders amending rules, some of which are effective January 1, 2014, and some of which are effective immediately.  The Pilot Rules of Family Law Procedure that are effective in only the Fourth District have been amended effective January 1.   In addition, there are amendments to I.R.C.P. 3(a), and  I.C.A.R. 32, the  Idaho Criminal Misdemeanor Rules and the Idaho Appellate Rules.  For the text of these amendments and the effective dates please go to http://www.isc.idaho.gov/recent-amendments.

November

Comments Sought on Proposed Amendments to I.R.C.P. 3(a) and I.C.A.R. 32

The Guardianship and Conservatorship Committee has recommended a requirement that all petitioners file a case information sheet in guardianship, conservatorship and involuntary mental health commitment cases that provides contact information and necessary personal identifying information for the proposed ward/patient and the proposed guardian or conservator. This cover sheet will provide the Court and the Idaho State Police with the necessary data to ensure individuals who are prohibited from buying firearms are identified, will enable courts to have the contact information needed for monitoring, and will facilitate the background check required for all proposed guardians in adult cases.  The sheet will be exempt from disclosure. The proposed amendments are on the court’s web page at http://www.isc.idaho.gov/problem-solving/idaho-court-rules-and-amendments-available-for-public-commentComments are due by November 22.


Attorneys Sought for Med-Mal Panel

The Idaho State Bar seeks attorneys interested in serving as panelists for medical malpractice hearing panels. Pursuant to Idaho Code Section 6-1002, the Board of Commissioners appoints attorney panelists to the medical malpractice pre-litigation hearing panels. Preferably, candidates should not practice in the area of medical malpractice. Positions are open for two in the Idaho Falls area; two in the Lewiston area, and one in the Pocatello area. For information about the time commitment, duties, etc. contact the the Board of Medicine at (208) 327-7000. If you are interested in serving as a panelist, please email Diane Minnich.

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