Category: Archived

President’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…

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Pro 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…

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Precedent 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…

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All 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…

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Appellate 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…

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Interlocutory 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…

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Don’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…

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MCLE Compliance Extension Deadline- 3/1

Each active member of the Bar must complete 30 hours of MCLE credit, including 3 hours of ethics, every three (3) years. Extensions until March 1, 2023 are available. The extension fee is $100. More information on MCLE Compliance. If there…

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Idaho Supreme Court Amendment to Idaho Criminal Rules, Appendix A – Effective January 27

The Idaho Supreme Court has issued an Amendment to the Idaho Court Criminal Rules, Appendix A. Please read the full Order linked below. Amendment to Idaho Criminal Rules, Appendix A

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2023 Final Licensing & MCLE Deadline – 3/1

The 2023 licensing & MCLE final deadline is March 1, 2023 The License Fee Notice – Why should you review it? In addition to the license fee information, the license fee notice includes attorney data from the Bar’s records. Please…

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