Category: Archived
A Gathering Storm: The Partisan Challenge to Judicial Independence and Impartiality
By Donald L. Burnett, Jr. Author's Note: This article updates and expands upon an earlier essay ("Civic Education, the Rule of Law, and the Judiciary: A Republic, If You Can Keep It," 58 The Advocate 26, February 2015. This is…
Read Full ArticleWriter’s Corner – The Basics and Beyond: Verb Tenses, Aspects & Conditionals
By Tenielle Fordyce-Ruff Every semester I cover a very basic concept with my students when we turn to writing statements of facts: readers tend to prefer reading about facts in chronological order. I also cover another very basic concept: legal…
Read Full ArticleThe Past, Present, and Future of ABA Model Rule 8.4(g) in Other States and Idaho
By Texie C. Montoya The history of American Bar Association (“ABA”) Model Rule 8.4(g) is a story of controversy, acceptance, and rejection. Currently, Idaho remains one of only a handful of states that have expressly declined to adopt some version…
Read Full ArticleWomen Attorneys and Achieving Work/Life Balance in Rural Idaho
By Danelle C. Forseth & Melissa Luna In 2019, the American Bar Association (“ABA”) published the report Walking Out the Door: The Facts, Figures, and Future of Experienced Women Lawyers in Private Practice by Roberta D. Liebenberg and Stephanie A.…
Read Full ArticleHow Much Is Too Much? The Indistinct Line Between Advocacy and Improper Deposition Coaching
By Mark J. Fucile “Once discovery began, several of the parties’ lawyers quickly devolved to the kind of conduct that rightly gives the legal profession a bad name.” – Britton v. Dallas Airmotive, Inc. [i] Depositions lie at the heart…
Read Full ArticleIdaho Law Foundation Year in Review
By Fonda L. Jovick Dear Law Foundation Members and Friends, Thank you for being part of our important work. We appreciate your ongoing commitment to the work of the Idaho Law Foundation. As you read through the information in this…
Read Full ArticlePreserving Independence, Impartiality, and Excellence in Idaho’s Court System: A Remarkable Judiciary, If You Can Keep It
By Mary V. York In my last Commissioner’s Column,[i] I wrote of the 2022 legislation that sought to change the process for filling judicial vacancies and selecting members of the Idaho Judicial Council – the body statutorily charged with evaluating…
Read Full ArticleAmendments to Idaho Infraction Rule 8
Amendments to Idaho Infraction Rule 8 eff October 20 2023Download
Read Full ArticleRedacted Idaho Supreme Court Order adopting the majority “entire file” rule
The Idaho Supreme Court has issued an Order regarding the scope of documents a lawyer is ethically required to surrender to a former client under Idaho Rule of Professional Conduct 1.16(d). Please click the link below to review a redacted…
Read Full ArticleComments Sought on Various Idaho Rules – Deadline 10/5
Comments Sought on Idaho Rules of Family Law Procedure The Idaho Supreme Court’s Children and Families in the Courts Committee is seeking input on proposed revisions to the Idaho Rules of Family Law Procedure. A copy of the revisions can…
Read Full Article