Month: January 2024
Planned Maintenance to Affect iCourt Portal, Electronic Filing Access Jan 19 & 20
The iCourt Portal used to access public case information across Idaho’s state courts may not be accessible this Friday evening and into Saturday, while the capabilities of the electronic filing system and the Guide & File service will be limited…
Read Full ArticleNot All Heroes Wear Robes: Behind the Scenes of Our Federal Judiciary by Lindsey M. Welfley
by Lindsey M. WelfleyEditor’s Note: This article was written prior to the passing of Chief Bankruptcy Judge Joseph Meier. We extend our condolences to his family, friends, and colleagues as they mourn this loss. You may read Judge Meier’s ‘In…
Read Full ArticleCarve Every Word: Idaho’s Litigation Privilege to Defamation and Other Civil Claims by Collin R. Flake
by Collin R. Flake“[S]peak clearly, if you speak at all; Carve every word before you let it fall [. . .].” - Oliver Wendell Holmes[i]The recent increase in high-profile defamation lawsuits comes as no surprise against the backdrop of rising polarization…
Read Full ArticleByron Johnson: The Poetry of a Justice by Jamie Armstrong and Sharla Dawn Robinson Ng
/*! elementor - v3.18.0 - 20-12-2023 */ .elementor-widget-image{text-align:center}.elementor-widget-image a{display:inline-block}.elementor-widget-image a img[src$=".svg"]{width:48px}.elementor-widget-image img{vertical-align:middle;display:inline-block} by Jamie Armstrong and Sharla Dawn Robinson NgFormer Idaho Supreme Court Justice Byron Johnson, who died in 2012, left us with a memory of his goodwill as well…
Read Full ArticleShortcomings of the Recklessness Instruction by Nicole L. Cannon and Casey J. Hemmer
/*! elementor - v3.18.0 - 20-12-2023 */ .elementor-widget-image{text-align:center}.elementor-widget-image a{display:inline-block}.elementor-widget-image a img[src$=".svg"]{width:48px}.elementor-widget-image img{vertical-align:middle;display:inline-block} by Nicole L. Cannon and Casey J. HemmerRecklessness is not recognized as a separate tort in Idaho but is merely a degree of negligence.[i] As a result, Idaho…
Read Full ArticleThe Uses and Limits of a Motion for Reconsideration in Idaho by Stephen L. Adams and W. Christopher Pooser
by Stephen L. Adams and W. Christopher PooserA motion for reconsideration is a standard motion in civil practice, and most times such motions are addressed pro forma. However, such motions can be misused, and the Idaho Supreme Court has indicated…
Read Full ArticleEverything You Wanted to Know About UM/UIM Policies, But Were Afraid to Read by Michael G. Brady
by Michael G. BradyI frequently receive calls from members of the Bar asking questions about uninsured motorist (“UM”) and underinsured motorist (“UIM”) policy coverages. After listening patiently to the “background story,” I always ask a simple question: “What does the…
Read Full ArticleThe State of the Idaho Jury Instructions by Stephen L. Adams
by Stephen L. AdamsWhen it comes to instructing the jury, the parties provide the facts to the jury and the court provides the law. In my experience, this can be done in several ways. Some people rely on the form…
Read Full ArticleSetting Our Path for the Future by Fonda L. Jovick
by Fonda L. Jovick, President, Idaho Law FoundationHappy New Year to you and your loved ones! I hope that you had a wonderful holiday season and are as excited as I am to head into the year.As I face the…
Read Full ArticleRandom Thoughts by Gary Cooper
by Gary L. CooperI know this will be published in the January issue of The Advocate. I am writing it in late November. In fact, I have procrastinated and am writing it just before it is due. I have thought…
Read Full Article