Juvenile Rule Changes Open for Public Comment – Deadline April 25

Comments Sought on Idaho Juvenile Rule 19.

The Idaho Supreme Court’s Juvenile Justice Advisory Committee is seeking input on amendments to Idaho Juvenile Rules 10A and 10B regarding the transfer of juvenile probation services.  A copy of the amendments can be found on the court’s website at  https://isc.idaho.gov/main/rules-for-public-comment.  Comments on the proposed amendments may be sent to Deena Layne, dlayne@idcourts.net by Wednsday, April 25, 2018.  Thank you.

 

 Proposed Amendments to Idaho Juvenile Rules 10A and 10B

The following rule amendments are being recommended by the Idaho Supreme Court’s Juvenile Justice Advisory Committee (JJAC).

I.J.R. 10.A. Transfer of Probation for Courtesy Supervision. (J.C.A.)

(a)  The dispositional/supervising A court, as the sending court, at sentencing or at any time during a probationary period, may enter an order transferring a juvenile probationer’s terms of probation for courtesy supervision to a receiving court  probation office  in another county within the State of Idaho if:

(1) the sending court determines, upon good cause shown, that the juvenile resides, or intends to reside, with a parent or legal guardian/legal custodian, or in a placement at a residential treatment facility, or a foster home, in the receiving county; and,

(2) the juvenile retains community ties with the county of the sending court through continued maintaining of a residence by a parent or legal guardian/legal custodian, or the continued pendency of a C.P.A. proceeding therein; and

(3) transfer of probation for courtesy supervision is in the best interest of the juvenile and the prompt administration of the court’s business.

(b)  Transfer of probation to the receiving court for courtesy supervision shall be temporary, for a period not exceeding six months unless extended by the sending court, and certified copies of the sentencing decree, court minutes, reports, assessments and other pertinent records shall be transferred to the receiving court, the originals of which shall be retained by the sending court.

(c)

(1) Prior to transfer of probation for courtesy supervision, the sending court shall order that all imposed sentencing penalties of detention/jail days yet to be completed by the juvenile probationer shall be served and the costs therefore recovered, in the sending county, unless prior thereto, the receiving court agrees in writing to allow the juvenile to serve said the penalties in the receiving county, the costs of which is to be recovered in the receiving county there. Any sentencing penalties of detention/jail days that are unscheduled or held at the discretion of the court may be imposed by the receiving court and the cost therefore recovered in the receiving county.

(2) Any order transferring probation for courtesy supervision shall include a requirement that the juvenile probationer shall comply with any groups or programs in the receiving county which are consistent with the sending court’s order of probation and deemed appropriate by the receiving court.

(d)  Upon receipt of an order transferring probation for courtesy supervision, the receiving court shall determine the type of supervision and services available in the receiving county which are most consistent with, but not more restrictive than, the transferred order of probation and shall enter an order requiring the juvenile probationer to comply with said supervision and services in the receiving county.

(d  e)

(1) The court in the sending county shall retain jurisdiction over the juvenile proceedings.  Any motion for violation of probation alleged to have occurred while a juvenile is on courtesy supervision shall be filed by the prosecuting attorney of the sending county, supported by affidavit of any juvenile court officer or other person with knowledge of said violation, and shall be adjudicated by the court of the sending county.

(2) Any substantive charges including status offenses, misdemeanors or felonies, alleged to have been committed in the receiving county or any other county by a juvenile probationer while on courtesy supervision shall be brought by the prosecuting attorney of the county where the crime allegedly occurred and adjudicated by the juvenile court in that county.

(3) Any victim notification requirements shall be the responsibility of the prosecuting attorney having the duty to initiate the proceedings set forth herein.

(fe)  The sending court shall have the sole authority to extend, revoke or terminate early the probationary order of any juvenile being supervised in the receiving county under a six-month period of courtesy supervision.  In reaching its decision, the sentencing/sending court shall set a review hearing prior to the expiration of the six-month period and consider any requests and reports submitted by the receiving county, and any extension of courtesy supervision shall be for an additional period not exceeding six months; provided, no such extension shall exceed the duration of probation ordered at sentencing.

(gf)  Any restitution ordered to victims must be determined by the juvenile court of the county where the offense occurred pursuant to Idaho Juvenile Rule 10(h).  In cases transferred for courtesy supervision, the monitoring of the receipt of payments for restitution, as well as other payments for fees owed to the sending county, shall be the responsibility of the sending court.  Any motion for a probation violation for nonpayment of fees, including restitution, must be pursued, per subsection (5) of this rule, in the sending county.  Repayment for fees incurred in the receiving county shall be handled by the receiving court county.

(hg)

(1) A juvenile probationer under a suspended commitment for secure confinement with the Department of Juvenile Corrections, may be transferred by the sending court to the receiving court only under the terms of an order for courtesy supervision.  Any motion for a probation violation must be pursued, per subsection (5) of this rule, in the sending county.

(2) Any non-secure placement of a juvenile committed to the Department of Juvenile Corrections, while the juvenile remains under the custody of the Department, in a county other than the sentencing county, shall be the responsibility of the Department and not deemed to be a courtesy supervision.

(3) In the event that a juvenile is released from the custody of the Department of Juvenile Corrections to a placement outside of the sentencing county, the sentencing court shall hold a hearing pursuant to Idaho Juvenile Rule 20 to determine whether to transfer probationer for courtesy supervision under this rule.

(i)  The receiving court shall not refuse transfer of a juvenile probationer for courtesy supervision, except as set forth in Idaho Juvenile Rule 10(c). 

(j)  The receiving court shall assume jurisdiction of a juvenile hereunder when the order transferring probation for courtesy supervision is received. 

(h  k) The order transferring probation for courtesy supervision shall substantially conform to the follow form:

Click here [1] for form.

Idaho Juvenile Rule 10B.  Transfer of Probation in its Entirety.  (J.C.A.)

 (a)  The dispositional/supervising court, as the sending court at sentencing, or at any time during a probationary period, may enter an order transferring the entirety of a juvenile probationer’s terms of probation to a receiving court in another county within the State of Idaho if:

(1)  the sending court determines, upon good cause shown, that the juvenile resides, or intends to reside, with a parent or legal guardian/legal custodian in the receiving county; and

(2)  the juvenile retains no further community ties with the county of the sending court because residency by a parent or legal guardian/legal custodian there has ceased ; and

(3)  transfer of probation in its entirety is in the best interest of the juvenile and the prompt administration of the court’s business.

(b)  Transfer of probation in its entirety to the receiving court shall be deemed permanent, and all original documents and records therein shall be transferred to the receiving court pursuant to Idaho Juvenile Rule 10(d).

(c)  The sending and receiving courts involved in any transfer of probation in its entirety shall follow the requirements and procedures set forth in Idaho Juvenile Rule 10A(c) and (d).

(d)  Any motion for violation of probation alleged to have occurred after an order transferring probation in its entirety has been entered by the sending court shall be filed by the prosecuting attorney of the receiving county, supported by affidavit, and shall be adjudicated by the court of the receiving county.

(e)  Any county receiving the transfer of probation in its entirety from the sending county, or assuming the supervision of the probation in its entirety under subsection (f) below, shall be deemed to be the county of residence of the juvenile probationer.  Any substantive charges alleged to have been committed thereafter by the juvenile probationer shall be petitioned, adjudicated and sentenced pursuant to Idaho Juvenile Rule 10.

(f)  At the six-month review hearing regarding courtesy supervision set forth in Rule 10A(f  e), or at any other time, the sending court may enter an order transferring probation in its entirety, or the receiving court may enter an order, upon its own motion, assuming the supervision of probation in its entirety if the actual residence of the juvenile in the receiving county is found to be stable and permanent, and it is in the best interest of the juvenile and the prompt administration of justice.

(g)  Any non-payment of fees, including restitution, owed in the sending county by the juvenile probationer whose probation has been transferred in its entirety to, or assumed in its entirety by, the receiving county may be pursued by a motion for violation of probation in the receiving county or a motion for contempt filed in the sending or receiving county.

(h)  No order transferring probation in its entirety by the sending court, nor order assuming supervision of probation in its entirety by the receiving court, shall be entered regarding any juvenile probationer who is under a suspended commitment for secure confinement with the Department of Juvenile Corrections.

(i)  The duration of any probationary period transferred or assumed in its entirety hereunder shall be solely determined by the receiving court.

(j)  The receiving court shall not refuse transfer of probation in its entirety, except as set forth in Rule 10(c).

(k)  The receiving court shall assume jurisdiction of a juvenile hereunder when the order transferring probation in its entirety is received from the sending county or when the order assuming the supervision of probation is entered by the receiving court.

(l)  The order transferring probation in its entirety, or assuming supervision of probation in its entirety shall substantially conform to the following form:

Click here for form.

 

Courthouse Closures/Reduced Operations Reminder -April 6-11

REMINDER: COURTHOUSE CLOSURES / REDUCED OPERATIONS ON APRIL 6
As part of the upcoming transition to the Odyssey case management system, 14 county
courthouses across Idaho will be reducing operations while 14 additional counties will be closed
for all purposes other than essential judicial business relating to public safety on Friday, April 6.
In order to transition 14 additional counties to the new system on April 9, counties that have
already transitioned to Odyssey must be temporarily taken offline. As a result, the Supreme
Court has ordered all counties that are currently on the Odyssey system to be closed on April
6. Impacted counties include:
Counties Operating on Odyssey
(Closed, except for essential judicial business related to public safety)
Ada Cassia Minidoka
Blaine Elmore Owyhee
Boise Gooding Twin Falls
Camas Jerome Valley
Canyon Lincoln
Each court will make the provisions it deems necessary to address initial appearances in
criminal cases for individuals who are in custody, arrest warrants and other proceedings critical
to public interest and the community’s safety. That day will be treated as a legal holiday/nonjudicial
day in each of the counties above, extending filing deadlines that fall on April 6 to the
close of business on Monday April 9, 2018.
The following counties transitioning to Odyssey will experience reduced operations on April 6.
If you do not have urgent business with one of the county courts in transition, you are asked to
avoid the courthouse from April 6 through April 11.
Counties Transitioning to Odyssey
(Reduced operations)
Adams Gem Nez Perce
Benewah Idaho Payette
Bonner Kootenai Shoshone
Boundary Latah Washington
Clearwater Lewis
For additional information, you may read the full order from the Supreme Court.

Idaho Law Review Symposium to Discuss Impact of Terry v. Ohio Decision -April 6

Idaho Law Review Symposium to discuss impact of Terry v. Ohio decision 
BOISE, Idaho — March 13, 2018 — The impact of the 50-year-old Terry v. Ohio decision and its treatment of stop-and-frisk procedures will be the topic of the 2018 Idaho Law Review Symposium, sponsored by the University of Idaho College of Law.

Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, will give the keynote address. The symposium will take place on Friday, April 6, 2018, from 8 a.m. to 5 p.m. at the Lincoln Auditorium in the Idaho State Capitol, located at 700 West Jefferson St., Boise.

“We are honored to host Dean Chemerinsky, a national constitutional and criminal procedure expert, to discuss one of the most significant policing cases of our time,” said Professor Katherine Macfarlane, the symposium’s faculty advisor.

Chemerinsky is the author of 10 books, including “The Case Against the Supreme Court.” His latest books are “Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable” and Free Speech on Campus,” co-written with Howard Gillman. The keynote address begins at 12:30 p.m. in the Lincoln Auditorium.

“The Law Review is excited to host such an outstanding topic for the symposium this year. We are very honored to have Dean Chemerinsky and other panelists join us for a great discussion on Terry v. Ohio,” said Jaycee Nall, editor-in-chief of the Idaho Law Review.

In addition to Chemerinsky’s lecture, the symposium features panel discussions led by renowned legal scholars from across the country. Topics include:

  • “Stop-and-Frisk’s Second Amendment Implications,” featuring Royce de R. Barondes, the James S. Rollins professor of law at University of Missouri School of Law; J. Richard Broughton, associate dean for academic affairs and associate professor of law at University of Detroit Mercy School of Law and Shawn E. Fields, professor of legal writing at University of San Diego School of Law. The panel will be moderated by Shaakirrah Sanders, associate professor of law at U of I’s College of Law.
  • “Race-Based Policing and Terry’s Code of Conduct,” featuring Russell L. Jones the Jesse N. Stone Jr., endowed professor of law at the Southern University Law Center; Eric Miller, professor of law at Loyola Law School, Los Angeles; and Josephine Ross, professor of law and supervising attorney at Howard University School of Law. The panel will be moderated by Katherine Macfarlane, associate professor of Law at U of I’s College of Law.
  • “Stop-and-Frisk in Idaho,” featuring James K. Ball, partner at Manweiler, Breen, Ball and Davis, PLLC, and Natalie Camacho Mendoza, director of City of Boise Office of Police Oversight. The panel will be moderated by Aliza Cover, associate professor of law at U of I’s College of Law.

Registration for the symposium ranges from $75 to $175. To view the complete schedule and to register visit www.uidaho.edu/law/law-review/symposium.  Up to six continuing legal education credits will be available.

Note to Media: Members of the media are welcome to cover any panel in the symposium. For media access, please contact Cara Hawkins-Jedlicka at cara@uidaho.edu.

__________________________________________________________________

About the University of Idaho

The University of Idaho, home of the Vandals, is Idaho’s land-grant, national research university. From its residential campus in Moscow, U of I serves the state of Idaho through educational centers in Boise, Coeur d’Alene and Idaho Falls, a research and Extension center in Twin Falls, plus Extension offices in 42 counties. Home to more than 12,000 students statewide, U of I is a leader in student-centered learning and excels at interdisciplinary research, service to businesses and communities, and in advancing diversity, citizenship and global outreach. U of I competes in the Big Sky Conference and Sun Belt Conference. Learn more at www.uidaho.edu.

 Media Contact:

Cara Hawkins-Jedlicka

Marketing and Communications Manager, College of Law
University of Idaho
208-885-7115
cara@uidaho.edu

 

Go Digital! Opt Out of Printed Desk Book Directory

GO DIGITAL! OPT OUT OF PRINTED DESK BOOK DIRECTORY

The Idaho State Bar is in the midst of preparing the Idaho State Bar’s 2018-2019 Desk Book Directory.

A reminder the Desk Book Directory is readily available digitally any time on the Idaho State Bar Website. Its contents are updated throughout the year.

At this time we are requesting members of the Idaho State Bar opt out of receiving a hard copy of the Desk Book Directory in the mail. The digital option is more fiscally and environmentally friendly.

If you wish to opt out please click and complete this FORM by March 19.

Those who do not opt out will receive the printed version in the mail by mid-May.

Please Note: The digital version is the same as the printed with two exceptions. The digital version does not include the list of names, or roster, of attorneys. The digital version only includes a simple search query to find one attorney at a time. However, it is regularly updated throughout the year.

ISB Annual Meeting Scholarships -Deadline May 25

Scholarship available to ISB Annual Meeting
The Idaho State Bar is offering a limited number of scholarships to the
2018 Annual Meeting, July 18-20, in Sun Valley. The scholarships
include full registration and per diem up to $75 per day for travel and
lodging. The scholarships are designed to provide assistance to those
attorneys who, due to financial or professional circumstances, would
otherwise be unable to attend. To apply for scholarship, contact the ISB
Commissioner who represents your judicial district or ISB Deputy
Executive Director Mahmood Sheikh at (208) 334-4500. Deadline for a
scholarship request is Friday, May 25, 2018.