Author: ccarns
Writer’s Corner: Problematic “P” Words
By Tenielle Fordyce-Ruff Well, the pandemic was a wild ride for me! In the switch to stay-at-home, then pandemic pods, I was also pivoting to online teaching, then I moved to two different law schools in 18 months. Needless to…
Read Full ArticlePresident’s Message: Strategic Planning
By Laird B. Stone, Idaho State Bar President The incoming President of the Idaho State Bar. Wow, an impressive title to some but in reality it gives no more “power” or “importance” than already exists as part of the five-member…
Read Full ArticlePro Bono Tour Promoting Emeritus Finishes Strong
By Jennifer M. Schindele Judge Hodges finishes the Practice with Purpose tour strong at the Idaho Falls Courthouse on October 20, 2022, sharing his passion for pro bono work. Last October, Magistrate Judge Mick Hodges, with support from the Idaho…
Read Full ArticlePrecedent Predicaments
By John E. Cutler Within our adversary system, the judicial branch resolves cases based on evidence and arguments presented by opposing parties.[i] As a general matter, courts do not look beyond the parties’ arguments to determine whether there might be…
Read Full ArticleAll the Pretty Horses: Preserving Issues for Appellate Review
By Ben P. McGreevy Beautiful Wild Horses in Spring. Photo Credit: @natureguy via Adobe Stock. “Between the wish and the thing the world lies waiting.”[i] When arguing an issue, one should take care to ensure that the issue is properly…
Read Full ArticleAppellate Mediations: The [Re]Discovered Country
By Leslie M.G. Hayes and Bryan A. Nickels “I Never Been Defeated and I Won’t Stop Now (Woo)”[i] – Why Would I Mediate on Appeal? There is always risk in litigation. However, mediation is a tool to help your client…
Read Full ArticleInterlocutory Appeal in Idaho: Is There a Better Process?
By Stephen L. Adams and W. Christopher Pooser Few options for interlocutory review of trial court decisions exist in Idaho, and the options that are available are difficult to obtain. As a result, litigators are often stuck with non-final rulings…
Read Full ArticleDon’t Get Too Adversarial When Compiling Excerpts of Record in the Ninth Circuit
By Jennifer M. Jensen and Zachery J. McCraney Courts have different rules for defining the record on appeal. Where there is variation, there is room for strategy – and error. Readers of The Advocate are no doubt familiar with the…
Read Full ArticleILF President’s Message: Setting Course for a New Year
Fonda L. JovickPresidentIdaho Law Foundation Happy New Year to you and your loved ones! In July, I began my term as President of the Idaho Law Foundation, taking over for Kari Campos. It’s an honor to serve in this role…
Read Full ArticleHome is… Where?
Jessica Perez The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”)[i] is a familiar friend to all family law practitioners. It is the heart of a state’s ability to make a child custody determination. On one hand, the UCCJEA is…
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