2023 Resolution Ballots due Dec. 4th

The Resolution Process is set forth in Idaho Bar Commission Rule 906. Resolutions may be submitted by a District Bar Association, the Board of Commissioners, a Bar committee, or an individual member of the Bar. Resolutions submitted by a District Bar Association, the Board of Commissioners, or the Idaho Supreme Court are automatically included in the resolution process. Ballots are due in the Law Center by December 4th, 2023 by 5 p.m.

2023 Resolution Pamphlet

Amendment of Idaho Infraction Rule 9(b), Infraction Penalty Schedule

Reminder: New Electronic Filing Fee for Civil Cases – Effective Dec. 15th

Parties to civil cases filed in Idaho state courts will soon be charged a $5 fee to file documents online through an electronic “envelope.” This change will now take effect Dec. 15, two weeks later than previously announced.

The fee is charged by the vendor that provides the e-filing software used by Idaho courts. The Idaho Supreme Court to date has covered this fee for filers, but amid a reassessment of court technology spending determined it no longer has the resources to do so. Passing this minor cost to filers is the best step to preserve other technology funding for existing court services.

Today’s courts rely on a robust suite of technology including digital case files, videoconferencing, online fine and fee payments, and underlying networking and security systems. The Supreme Court over the past two years has publicly discussed the challenges around funding this technology, including the e-filing fee. As noted in recent annual reports, revenues in the legislatively established court technology fund are declining while the costs of supporting access to justice in a modern court system are on the rise.

The new e-filing fee does not apply in criminal cases or to filers who are exempt from paying court filing fees under existing laws or regulations. It will be a recoverable cost of litigation through existing court rules.

The fee is not a requirement to file in an Idaho court. Any party who is required to file electronically by Rule 4 of the Idaho Rules for Electronic Filing and Service may choose to do so using a kiosk at their local courthouse, paying any applicable fees by cash or check at the office of the clerk of the district court. For civil filings done in this manner, the filer will not be charged the envelope fee.

More information about the envelope fee can be found in this fact sheet

2023 Season of Thanks CLE Bundle – Now through Dec. 22nd

Limited Time Offer – November 20th through December 22nd – 12 CLE credits (self-study) for only $200.  Idaho Programs! Idaho MCLE Approved!

The Idaho Law Foundation is offering the special Season of Thanks Bundle Package to thank our members for their support throughout the year.  The bundle includes 12.0 CLE self-study credits for only $200!  You will be given 90 days to make your program selections, with an additional 90 days following your selection to view each program. By selecting online, on-demand streaming, you will have the convenience to watch whenever and wherever you like!

Please Note: You will not be eligible to receive additional credit for the CLEs listed above you have attended or watched in the past. No refunds will be provided. No extensions will be awarded. All sales are final.

Your support of Idaho Law Foundation CLE programming provides the necessary resources to fulfill the Foundation’s goal of enriching the public’s understanding of and respect for the law and legal system. To take advantage of this great offer, select: 2023 Season of Thanks Bundle.

*After you purchase your bundle, it is helpful to also have this list of courses up on a separate screen so that you can easily see the credits for each course to choose the 12.0 credits that you would like to watch. Please contact Colleen Austin in our office with any questions.

If you already have your credits for this reporting period, please watch the courses after the first of the year for them to count for the next reporting period.

  • Discrimination Based on Gender: Reconciling Bostock in a Rapidly Evolving Workplace (2022) – 1.0 CLE Credits
  • Millennials Rising: This Ain’t Your Parents’ Legal Profession (2022) – 1.5 CLE Credits
  • The Climate of Civility and Professionalism in the Practice of Law in Idaho (2021) – 2.0 Ethics Credits
  • Expert Disclosures: The Good, The Bad and The Ugly (2022) – 1.0 CLE Credits / NAC Approved
  • From Alston to NIL to Future Employment? Recent Legal Developments in College Athletics Governance (2022) – 1.5 CLE Credits
  • 2022 Lessons from the Masters (2022) – 1.5 CLE credits of which .5 are Ethics / NAC Approved
  • Noteworthy and Recent Cases on Ethics (2022) – 1.0 Ethics Credits
  • Forensic Meteorology: Revealing Weather-Related Truths (2022) – 1.5 CLE Credits
  • Recent Cases on Ethics and Common Questions to Bar Counsel (2022) – 1.5 CLE credits of which 1.5 are Ethics / NAC Approved
  • Appellate Mediation (2022) – 1.5 CLE credits / NAC Approved
  • Bankruptcy for Beginners: The 10 Things EVERY Lawyer Should Know (2022) – 1.0 CLE Credits
  • Introduction to Tribal Law (2022) – 1.0 CLE Credits
  • 2022 Headline News (2022) – 6.0 CLE credits of which 1.0 Ethics
  • Hog-Tight Fences and Dirk-Knives: Decoding Statutes from Idaho’s Infancy (2021) – 1.5 CLE credits / NAC Approved
  • Handling Your First Appeal (2021) – 1.5 CLE credits / NAC Approved
  • Local Rules Update and Practice Pointers (2021) – 1.5 CLE credits / NAC Approved
  • 2021 Lessons from the Masters (2021) – 1.5 CLE credits of which .5 are Ethics / NAC Approved
  • Internet Defamation (2021) – 1.5 CLE credits
  • So, You’re Going to the United States Supreme Court – Now What? (2021) – 1.5 CLE credits
  • Recalibrating Your Law Practice for the Evolving Cybersecurity Threats (2021) – 1.5 Ethics credits / NAC Approved
  • The History of Idaho in the Ninth Circuit (2021) – 1.5 CLE credits
  • Emerging Issues in the Trademark Law and Unfair Competition (2021) – 1.5 CLE credits
  • The Climate of Civility and Professionalism in the Practice of Law in Idaho (2021) – 2.0 Ethics credits / NAC Approved
  • The Seven Deadly Sins of Legal Writing (2021) – 1.0 CLE credits
  • Handling Your First or Next Medical Malpractice Case (2021) – 2.0 CLE credits / NAC Approved
  • Handling Your First or Next Criminal Domestic Violence Case (2021) – 2.0 CLE credits / NAC Approved
  • Assisting your Client with Business Succession Planning (2021) – 1.0 CLE credit
  • Hindsight in 2020: IP Law Lessons Not to Learn the Hard Way (2020) – 1.0 CLE credit
  • The Show Must Go On: Resuming Jury Selection Post-Pandemic (2020) – 1.0 CLE credit
  • The Ethics of Self-Care (2020) – 1.0 Ethics credit / NAC Approved
  • 2020 Lessons from the Masters (2020) – 1.5 CLE credits of which .5 are Ethics
  • Ethical Guidance for Cyber-Crime Prevention and Response (2020) – 1.5 CLE credits of which 1.5 are Ethics
  • Violence in the Legal Profession: A Study of Idaho and our Colleagues Nationwide (2020) – 1.5 CLE credits
  • Ten Things All Idaho Lawyers Should Know About Indian Law and Business or Murder? The U.S. Supreme Court and Herrera v. Wyoming (2020) – 1.5 CLE credits
  • The Life Cycle of an Estate Plan: Understanding Estate Planning Strategies and Use of Basic Wills and Trusts (2020) – 2.0 CLE credits 1.0 / NAC Approved
  • Con Law by the Numbers (2020) – 2.0 CLE credits
  • Lawyer Well-Being: What’s It Got to Do with Me? (2020) – 1.5 CLE credits
  • Holistic Trial Work: Viewing Your Case with an Eye Towards Appeal and Viewing Your Appeal with an Eye Toward Remand (2020) – 1.5 CLE credits / NAC Approved
  • Handling Your First or Next Matter Involving the Sale or Acquisition of a Small Business (2020) – 2.0 CLE credits
  • Social Media & Ethics (2020) – 1.5 CLE credits of which 1.5 are Ethics
  • Understanding and Representing Clients Who’ve Experienced Trauma in Family Law Matters – What You Need to Know About Trauma (2020) – 1.5 CLE credits
  • Handling Your First or Next Motor Vehicle Crash Case (2020) – 2.0 CLE credits / NAC Approved
  • Handling Your First or Next Child Support Enforcement Case (2020) – 2.0 CLE credits / NAC Approved
  • Handling Your First or Next Wrongful Death Case (2020) – 2.0 CLE credits / NAC Approved
  • Clearing Barriers to Military Legal Readiness (2019) – 1.5 CLE credits of which .75 are Ethics
  • A View From the Appellate Bench in Idaho (2019) – 1.5 CLE credits of which 1.5 are Ethics / NAC Approved
  • 2019 Lessons from the Masters (2019) – 1.5 CLE credits of which .5 is Ethics credits / NAC Approved
  • Technology and a New Generation: How Progress Affects Professional Responsibility (2019) – 2.0 Ethics credits / NAC Approved
  • Can I Get This Tweet Admitted? Evidentiary Issues in the Digital Age (2019) – 2.0 CLE credits / NAC Approved
  • Handling Your First or Next Real Estate Case (2019) – 2.0 CLE credits
  • Hot Topics in Employment Law (2019) – 3.25 CLE credits
  • Handling Your First or Next Wrongful Death Case (2019) – 2.0 CLE credits / NAC Approved

Idaho Supreme Court Order Re: Disqualification Without Cause

Desk Book Phase Out Plan

At their February 2023 meeting, the Idaho State Bar Board of Commissioners approved a four-stage phase-out plan for the Desk Book Directory.

Phase One began this year by introducing a new “Rules-Only” book for new admittees.

Phase Two will be in Spring 2024 and will consist of a switch to affirmative opt-in only to receive the hard copy of the Directory. If you wish to receive a hard copy of the 2024-2025 Desk Book Directory, you must affirmatively opt-in. An email will be sent to you with this option in March 2024.

The Rule Book, which is a truncated version of the Directory including only the relevant sets of rules, will be offered as an alternative in Phase Two.

Please be on the lookout for more information in the coming months!

Questions? Please contact Communications Director, Lindsey Welfley.

Proposed Amendments to Idaho Appellate Rules and Related Rules of Civil and Criminal Procedure

The Idaho Supreme Court’s Idaho Appellate Rules Advisory Committee is seeking input on proposed revisions to the Idaho Appellate Rules and related rules of civil and criminal procedure.  Please send your comments to Lori Fleming, by November 30, 2023.  Thank you. 

Idaho Supreme Court Order: Filing System Outage 11/17

Please see below order in reference to extended time to file due to electronic filing system outage.

Mandatory Continuing Legal Education Department Report

by Maureen R. Braley

Introduction to Mandatory Continuing Legal Education

The Idaho State Bar Mandatory Continuing Legal Education (“MCLE”) Department administers the rules governing accreditation of CLE programming in Idaho and monitors Idaho attorneys’ compliance with MCLE requirements.

Course Accreditation

A program must meet the accreditation standards set forth in the Idaho Bar Commission Rules to be approved for CLE credit in Idaho. The MCLE Department receives over 6,000 accreditation applications annually. Individual Idaho lawyers do not pay an application fee. Commercial course providers pay a $40 application fee.

Compliance

Idaho attorneys must complete at least 30 Idaho-accredited CLE programs every three-year reporting period, including at least three ethics credits. No more than 15 of the 30 credits can be “self-study,” which refers to an attorney watching a recorded program on their own schedule. Live CLE programs include in-person classes as well as live webcasts. Attorneys can earn three hours of CLE credit for each hour spent teaching a CLE. Attorneys can also earn up to six CLE credits per reporting period for published legal writing.

Every year, approximately 1,750 Idaho attorneys (one-third of the Active members of the Idaho State Bar) are required to report their MCLE compliance to the Idaho State Bar. The MCLE Department verifies Idaho attorneys’ compliance with the MCLE requirements.

Resolution to Amend MCLE Application Fees

The Board of Commissioners of the Idaho State Bar is proposing a resolution to increase the MCLE accreditation application fees. Idaho lawyers will continue to be able to submit applications for free. The proposal would raise the application fee to $75 for commercial CLE course providers and provide for a $50 application fee for Idaho-based legal affinity groups. The resolution will be submitted to Idaho State Bar members for a vote in November 2023.

Spotlight on MCLE Department Staff

The Idaho State Bar is fortunate to have experienced and talented staff in the MCLE Department. Kim Wilson, Nelda Adolf, Calle Belodoff, and Carissa Carns skillfully handle a high volume of applications, field phone calls and emails from course providers and attorneys, and help attorneys navigate the MCLE compliance process. I am fortunate to work with them and appreciate their hard work.

Maureen R. Braley

Maureen R. Braley is the Associate Director of the Idaho State Bar and the Idaho Law Foundation. Her job duties include overseeing MCLE accreditation and compliance in Idaho. She clerked for Chief Justice Gerald F. Schroeder of the Idaho Supreme Court and practiced law for six years in Boise before joining the Idaho State Bar staff in 2011. Maureen is a “double Zag,” having earned an undergraduate degree in history and a law degree from Gonzaga University.

Endnotes

Licensing Department Report

by Annette Strauser

Licensing Introduction

All Idaho State Bar members must comply with the annual licensing requirements of Section III of the Idaho Bar Commission Rules.  The Licensing Department administers these rules and assists members with compliance.

Annual Licensing Renewal

The 2024 annual licensing renewal will begin in late November/early December when the online licensing portal is opened, and the paper licensing packets are mailed.  The deadline for paying the licensing fee and completing the required forms is February 1, 2024.  Licensing not received by February 1 will be subject to the licensing late fee and the final deadline is March 1, 2024.  The names of attorneys who do not submit their licensing by March 1 will be given to the Idaho Supreme Court for cancelation of their licenses.

Attorneys who completed their 2023 licensing online will automatically be presumed to be renewing online again for 2024.  An email will be sent to all licensed members notifying them of the upcoming licensing and allowing them to choose an alternate renewal process.

Online licensing renewal is encouraged for all members.  It reduces paper, postage, and time.  Individual attorneys and firms can submit licensing online and payments can be made by credit card or electronic check.  In addition, firms can submit the licensing online and pay with a paper check by using the voucher option.

The online licensing portal will close beginning on March 2, 2024, and will not reopen until the 2025 licensing renewal period begins.  All firm renewal attorney rosters from the past year will be cleared out before the next renewal period begins.

New membership cards will be mailed in mid-March 2024 following the final licensing deadline.

Membership Information

All members are required to provide the following membership information, which shall be considered public information:

  • Full name
  • Name of employer or firm (if applicable)
  • Mailing address
  • Phone number
  • Email address
  • eService Email address (active and house counsel members only)

Please remember:

  • Keep the Bar informed of all changes to your membership information.
  • Any changes to the previously stated information must be submitted within 30 days – except for changes to the eService address which must be submitted within seven days.
  • Address changes can be submitted online at https://laserfiche.isb.idaho.gov/forms/addressupdate.
  • The mailing address, phone, and email are required, but do not use your personal information unless you are okay with having it in the public records.
  • Changes to your eService (iCourt) email need to be submitted to the Bar first so it can be passed to the Idaho Supreme Court.
Licensing and Status Changes

In addition to changes to membership information, licensing and status changes occur throughout the year.  Attorneys whose trust account or professional liability insurance changes need to update their records with the Bar.  New trust account and professional liability insurance certificates can be requested at any time.

Attorneys interested in changing status should review Section III of the Idaho Bar Commission Rules and contact Annette Strauser at 208-334-4500 or astrauser@isb.idaho.gov.  Please note that most transfers to inactive or senior status can be made with annual licensing.  All other changes need to be made through the Licensing Department.

Licensing Questions?

Please feel free to contact the Bar if you have any questions about the licensing requirements at 208-334-4500 or licensing@isb.idaho.gov.  We are here to assist you with your licensing needs.

Annette Strauser

Annette Strauser is the Licensing/IT Administrator responsible for licensing, membership, and IT services. She was born and raised in Idaho, graduated from Boise State University and has been with the Idaho State Bar for 40 years.