Month: April 2021

These court orders are posted on the Supreme Court’s website: https://isc.idaho.gov/recent-amendments

Effective July 28, 2021:

Effective July 1, 2021:

Effective July 1, 2021. The order is posted on the Supreme Court’s website

The Idaho State Bar Professionalism & Ethics Section present the Richard C. Fields Civility Award each year. 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, until his passing in April 2014. In honor of Dick’s memory and the legacy he left for future generations of lawyers in Idaho, this award is presented to an Idaho lawyer who demonstrates a commitment to professionalism and civility in the profession. 

Previous recipients include:

2014    Hon. Mikel Williams

2015    Reginald Reeves

2016    William (Bud) Yost III

2017    Richard Hall

2018    Theodore Argyle

2019    Charles Homer

2020    Newal Squyres

How do you nominate an individual? 

Email your nomination to the Chair of the Idaho Professionalism and Ethics Bar Section, Erica White, ewhite@adacounty.id.gov by May 21, 2021. 

Who can nominate someone?

Anyone who knows and is familiar with the attorney.  In the past, great nominations have been received from judges, legal assistants/paralegals, law clerks and community members.

Who can be nominated?

Any attorney, who primarily practices in Idaho, who demonstrates a commitment to professionalism and civility and is an example to his or her peers.

For the 2021 award, the selection committee kindly asks you to refrain from nominating an attorney posthumously or a member of the judiciary, even though both categories undisputedly have several qualified nominees.

What should the nomination include?

The composition of the nomination submission is up to the nominator.  It can be a few sentences about the person being nominated and why he or she is qualified.  It can be a formal letter.  Numerous people can get together and submit a nomination “packet” for one person or each person can submit his or her own nomination.  Information about activities participated in and/or examples or conduct which you believe demonstrates a commitment to professionalism and civility are helpful.

Bureau Issues Interim Final Rule on Fair Debt Collection Practices Act

WASHINGTON, D.C. – The Consumer Financial Protection Bureau (CFPB) today issued an interim final rule in support of the Centers for Disease Control and Prevention (CDC)’s eviction moratorium. The CFPB’s rule requires debt collectors to provide written notice to tenants of their rights under the eviction moratorium and prohibits debt collectors from misrepresenting tenants’ eligibility for protection from eviction under the moratorium. The CDC has established the eviction moratorium to protect the public health and reduce the spread of the virus. Debt collectors who evict tenants who may have rights under the moratorium without providing notice of the moratorium or who misrepresent tenants’ rights under the moratorium can be prosecuted by federal agencies and state attorneys general for violations of the Fair Debt Collection Practices Act (FDCPA) and are also subject to private lawsuits by tenants.

“With COVID-19 killing hundreds of Americans every day, kicking families out into the street during this pandemic may literally be a death sentence,” said CFPB Acting Director Dave Uejio. “No one should be evicted from their home without understanding their rights, and we will hold accountable those debt collectors who move forward with illegal evictions. We encourage debt collectors to work with tenants and landlords to find solutions that work for everyone.”

Nearly 9 million households are behind on their rental payments. Tens of thousands of renters are being evicted every week, often without being told of their rights under the CDC moratorium. As the CDC has found, tenants who are evicted may end up homeless or in crowded or shared living settings, increasing their vulnerability to COVID-19 and the risk of the disease spreading throughout communities. Such evictions can have long-term health, financial, and social consequences for families and children.

CDC Moratorium

A temporary eviction moratorium ordered by the CDC has been extended through June 30, 2021. The CDC order generally prohibits landlords from evicting tenants for non-payment of rent, if the tenant submits a written declaration that they are unable to afford full rental payments and would likely become homeless or have to move into a shared living setting. This prohibition applies to an agent or attorney acting as a debt collector on behalf of a landlord or owner of the residential property.

Tens of thousands of tenants and families are evicted every week, many of whom would have had a right to stay in their homes if they had given their landlord a completed CDC eviction moratorium declaration. According to a recent Government Accountability Office report, tenants facing eviction may be unaware of the moratorium or may not understand the steps they must take to act on its protections. Declarations can be submitted in languages other than English, and alternative forms are available online.

New Tenant Protections

Under the FDCPA interim final rule, debt collectors, including attorneys, seeking to evict tenants for non-payment of rent must provide tenants who may have rights under the CDC order with clear and conspicuous written notice of those rights. The notice must be provided on the same date as the eviction notice, or, if no eviction notice is required by law, on the date that the eviction action is filed.

Debt collectors must provide the notice in writing. Phone calls or electronic notice such as text messages or emails are not sufficient. The CFPB is providing debt collectors with sample language to satisfy the rule’s disclosure requirements.

Failure to provide the required notice to tenants is a violation of the FDCPA. The FDCPA provides a private right of action against debt collectors, and violators can be held liable for actual damages, statutory damages, and attorney’s fees. Class actions may be brought under the FDCPA.

Some states and localities have adopted their own eviction moratoria. Debt collectors may also be required to provide notice of these moratoria. The CFPB’s rule does not preempt more protective state law.

There are additional resources available to help struggling renters impacted by COVID-19. Congress has created the Emergency Rental Assistance Program, administered by the U.S. Department of Treasury. This program provides assistance through state and local government to help tenants catch up on missed payments to avoid eviction. Applicants must apply through their local programs. The National Low Income Housing Coalition has a directory of state and local rental assistance programs that renters can use to find their local programs. Landlords may also be eligible for funds under the Emergency Rental Assistance Program.

The pandemic’s health and economic crises threaten families and communities across the nation. According to the CFPB’s analysis and other data:

• Millions of families are at risk of being evicted: In December 2020 about 18 percent of renter households were behind on their rent, which means nearly 9 million households at risk of eviction.  In a typical year, there are about 900,000 evictions nationwide.  Over 27 percent of households with annual income under $25,000 were behind on their rent.

• Stopping evictions saves lives: Research shows that COVID-19 infection rates and mortality rates were higher when eviction moratoria were removed. The CFPB’s rule will help ensure that more renters are able to take advantage of their protections and avoid eviction.
• Evictions increase racial inequality: Black and Hispanic households are more than twice as likely to be tenants than white households, and they are also twice as likely to be behind on rental payments as of December 2020, according to a March CFPB report. Evictions impose substantial costs on individuals, families, and children, and having an eviction on your record can make it much harder to find a new rental property.  Even an eviction filing can make it impossible for a family to locate new housing.

The CFPB has authority under the FDCPA to “prescribe rules with respect to the collection of debts by debt collectors.” Attorneys who engage in eviction proceedings on behalf of landlords or residential property owners to collect unpaid residential rent may be “debt collectors” as defined by the FDCPA.

Given the urgency of the pandemic crisis, the Interim Final Rule will take effect on May 3, 2021. The CFPB believes this will give debt collectors time to come into full compliance. Debt collectors may begin complying with the rule before the compliance date.

Read the Interim Final Rule issued today.

Read a Fast Facts summary of the Interim Final Rule.

See the sample disclosure language for debt collectors.

Visit the CFPB’s housing portal to learn about renters’ rights and resources for struggling consumers.

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The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit /www.consumerfinance.gov

CONTACT:

Office of Communications

Tel: (202) 435-7170

The Idaho State Bar is planning the 2021 Annual Meeting for July 21st to July 23rd at the Boise Centre East in downtown Boise.  

We have some excellent speakers and CLE sessions planned. We are requesting input from bar members that would potentially register for the meeting to gauge in-person attendees versus webcast attendees.

  
It’s been a long year and we are hoping to bring back the Annual Meeting social events that so many members enjoy! Please give us your opinion on attending these events in different types of venues if we are able to hold them.  

We will be following COVID-19 capacity limitations for in-person attendance and protocols as required or recommended at the time of the program or event.  The Boise Centre follows stringent protocols for cleaning, disinfection, and infectious disease prevention programs to minimize risks associated with infectious agents like the novel coronavirus. You can find more information here on their Clean and Safe Plan.

We expect to open registration by June 1st so watch your email for more information .We appreciate you taking the time to complete this quick survey so that we can make the Annual Meeting as successful and safe for everyone as possible. 

If you have questions, please feel free to contact Teresa Baker via email or phone at 208-334-4500.

This survey will be open until Friday, April 23^rd.