Amendments of Idaho Court Rules – Effective July 1, 2023

The Idaho Judicial Council currently has five judicial vacancies to assist the Governor in filling over the next few months. This process has been complicated by the recent legislation adding membership to the Council at the same time other member terms are expiring or vacant. Until those governor appointments are made after July 1, it is difficult to schedule available days for interviews for the various positions.

The Council is interviewing the candidates to replace Judge Reardon in the 4^th District in Boise on June 21. Applications for the 6^th District position to replace Judge Brown have now closed. Due to the limited number of applicants and the difficulty in scheduling travel, and to move the process along, the Council has decided to do those interviews utilizing Zoom on August 10. In order to meet the obligation to conduct public interviews, they will be livestreamed.

The Council has decided to move forward with the Supreme Court vacancy before the Court of Appeals position, staging them a few weeks apart. Applications for the Supreme Court will open approximately August 2 and close on August 22, with interviews to take place in Boise on October 18.

The Court of Appeals position will be open approximately August 18 to September 6 with anticipated interviews in November. Hopefully the Governor’s selection will be able to assume the position around the first of next year.

The Council has not yet had the opportunity to consider the schedule for the vacancy created by Judge Courtney’s resignation in the 3^rd District. I expect that it will be in line after the Court of Appeals position.

Jeff M. Brudie

Executive Director

Idaho Law Review

Posted on June 12, 2023 | updated: July 5, 2023

Idaho Supreme Court Clarification on Case Information Sheets

Posted on June 8, 2023 | updated: July 5, 2023

The Administrative Office of the Courts plans to examine court rules governing case information sheets used in civil cases.

The Idaho Rules of Civil Procedure and Idaho Rules of Family Law Procedure currently require the filing of a “completed” case information sheet. This review is intended to find a solution to incomplete filings commonly seen across the state.

Recent Judicial Branch guidance regarding the current rules caused unintended complications with certain court filings. The Courts express an apology about that, and this guidance has been rescinded pending the review described above.

In the meantime, please do your best when filing a case information sheet to ensure it is as complete as possible.

Lawyers in the Library (With a Twist)

Posted on June 5, 2023 | updated: June 5, 2023

Jennifer M. Schindele

In the last year, the Idaho Volunteer Lawyers Program received over 4,000 applications for legal assistance.[i]

The Idaho Volunteer Lawyers Program (“IVLP”) is a program of the Idaho Law Foundation, a nonprofit organization with a mission to increase access to legal services and enhance public understanding of the law. IVLP provides a safety net for low-income individuals and families in Idaho who require civil legal services and cannot afford to pay for them.

IVLP delivers services to individuals in different ways; one way is through managing community legal clinics. Advice and counsel legal clinics allow pro bono attorneys to provide and review legal documents, answer legal questions, and make recommendations on the best course of action, including, where necessary, referral of applicants to further legal services through IVLP or partner agencies.

In 2021, as IVLP endeavored to return to some pre-pandemic routine, it landed at the Garden City Public Library in Garden City, Idaho. While many of the prior clinic venues were still prohibiting in person meetings, the Garden City Library welcomed lawyers back in.

As it turns out, libraries are ideal for legal clinics. Libraries are a reliable and trusted source of information and resources for many community members. Libraries are often a first point of contact for individuals seeking legal information or to determine if their problem could be resolved with the law. In addition to typically being in centralized locations, libraries provide access to technology to populations less likely to have a broadband connection to the internet or free printing capability.

Most legal clinics are walk-in or first-come-first-serve and advice is received only if an attorney happens to be available. In part due to pandemic fall out, in October of 2021 when IVLP initiated its first Lawyer in the Library Legal Clinic in Garden City, it quickly realized registration and scheduling for the clinic would be necessary to manage the number of patrons seeking legal assistance and the number of volunteer attorneys utilizing meeting space to provide that assistance. The pre-clinic preparation was helpful, and it was clear that a need was being met as the clinic registrations were full each week, often with a waiting list.

More than a year later, IVLP has multiple Lawyer in the Library Clinics in the Treasure Valley up and running and ongoing discussions with additional libraries to expand even more. Offering an initial advice and counsel session can often confirm that the participants’ situation could have a legal remedy and suggest a course of action on self-help forms and filing. There are times when the participant’s issue does not have a legal solution, or the advice they receive is that they would benefit from hiring an attorney to represent them. In those cases, the participant may not leave the clinic with resolution or course of action, but they are always relieved to hear the perspective and advice of an expert.

Amanda Berardinelli, Programs and Outreach Librarian at the Garden City Library, has received positive feedback from participants who have received advice on issues ranging from will writing, adoption, rental agreements, and parental rights. “Navigating the legal system, finding the correct forms to fill out, and figuring out the next steps can be intimidating for many people. Having professionals in the library to refer our patrons to has been a great resource,” said Berardinelli. “We hope to continue this partnership far into the future.”

Volunteering for IVLP’s Lawyer in the Library Clinics also provides opportunity to the attorneys. Requiring that the participants pre-register for the clinics, the volunteers know ahead of time the type of legal issues they will be hearing. It’s an opportunity to gain experience outside of their current area of law and work alongside other attorneys with different expertise and experience. Clinic volunteer, Ian Frost, had been looking for volunteer opportunities when he heard about the clinics. Not having a lot of experience, he was apprehensive at first, but has enjoyed volunteering his time. “I like the variety of issues and the people that I have encountered. I wanted to become a lawyer so that I could do some good, and it has been gratifying to help people navigate their legal issues.”

Contact Jennifer Schindele at jschindele@isb.idaho.gov or Jenni Jordan at jjordan@isb.idaho.gov to find out more information on how to get involved with the Lawyer in the Library Clinics.

Current Lawyer in the Library Clinics Offered:

Downtown Boise Public Library: 1^st Tuesday of the month from Noon to 2pm

Garden City Public Library: 3^rd Thursday of the month from 4pm to 6pm

Nampa Public Library: 4^th Thursday every other month from Noon to 2pm (Feb, April, June, Aug, Oct, Dec)

Meridian Library-Cherry Lane: 4^th Tuesday every other month from 5pm to 7pm (Feb, April, June, Aug, Oct., Dec)

Jennifer M. Schindele is the Director of the Idaho Volunteer Lawyers Program. Jennifer earned an English degree at the University of Idaho and completed law school and the University of Idaho College of Law. Jennifer enjoys spending time with her family, playing soccer, and exploring Idaho’s outdoors.

[i] From March 2022 until March of 2023.