Category: Archived

The District of Idaho is pleased to announce two in-person bench bar conferences again this year: October 20, 2023, at the Boise Centre in Boise and November 3, 2023, at the Coeur d’Alene Inn in Coeur d’Alene. This year’s theme is “Changes All Around: Judges, Rules, Law, and Technology at the District of Idaho.” Join us at either conference location to see what’s new in the District.

For more information, including agendas and registration links, please visit the District’s website. We hope to see you in Boise or Coeur d’Alene!

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 copy of the Order.

Consistent with the Court’s Order, the Idaho State Bar Board of Commissioners is evaluating a proposed change to the Idaho Rules of Professional Conduct reflecting the Court’s adoption of the “entire file” rule and to address what file materials fall under the “narrow exceptions” category.

Redacted Order adopting the majority “entire file” rule

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 be found on the court’s website at https://isc.idaho.gov/main/rules-for-public-comment.  Please send your comments to Deena Layne, dlayne@idcourts.net by Thursday, October 5, 2023.  Thank you.

---

Comments Sought on the Idaho Juvenile Rules (C.P.A.)

The Idaho Supreme Court’s Child Protection Committee is seeking input on proposed revisions to the Idaho Juvenile Rules (C.P.A.).  A copy of the revisions can be found on the Court’s website at https://isc.idaho.gov/main/rules-for-public-comment.  Please send your comments to Deena Layne, dlayne@idcourts.net by Thursday, October 5, 2023.  Thank you.

---

Comments Sought on the Idaho Appellate Rules and the Idaho Rules of Civil Procedure

The Idaho Supreme Court’s Child Protection Committee is seeking input on proposed revisions to the Idaho Appellate Rules and the Idaho Rules of Civil Procedure regarding appeals in Child Protective Act cases.  A copy of the revisions can be found on the Court’s website at https://isc.idaho.gov/main/rules-for-public-comment.  Please send your comments to Deena Layne, dlayne@idcourts.net by Thursday, October 5, 2023.  Thank you.

---

Comments Sought on the Idaho Court Administrative Rules- Court Interpreters

The Idaho Supreme Court’s Language Access Committee is seeking input on proposed revisions to Idaho Court Administrative Rule 52, Court Interpreters.  A copy of the revisions can be found on the Court’s website at https://isc.idaho.gov/main/rules-for-public-comment.  Please send your comments to Deena Layne, dlayne@idcourts.net by Thursday, October 5, 2023.  Thank you.

2023 Back to School CLE Bundle

Limited Time Offer – September 5^th through September 29^th – 10 CLE credits (self-study) for only $150.  Idaho Programs! Idaho MCLE Approved!

With the kids back in class it is a great time to sharpen your pencil too! The Idaho Law Foundation is offering the Back to School Bundle Package, which includes 10.0 CLE self-study credits for only $150!  You will be given 90 days to make your program selections, with an additional 90 days following your selection to view each program. By selecting online, on-demand streaming, you will have the convenience to watch whenever and wherever you like!

Please Note: You will not be eligible to receive additional credit for the CLEs listed above you have attended or watched in the past. No refunds will be provided. No extensions will be awarded. All sales are final.

Your support of Idaho Law Foundation CLE programming provides the necessary resources to fulfill the Foundation’s goal of enriching the public’s understanding of and respect for the law and legal system. To take advantage of this great offer, select: 2023 Back to School Bundle.

*After you purchase your bundle, it is helpful to also have this list of courses up on a separate screen so that you can easily see the credits for each course to choose the 10.0 credits that you would like. Please contact our office with any questions.

• Millennials Rising: This Ain’t Your Parents’ Legal Profession (2022) – 1.5 CLE Credits
• Discrimination Based on Gender: Reconciling Bostock in a Rapidly Evolving Workplace (2022) – 1.0 CLE Credits
• Expert Disclosures: The Good, The Bad and The Ugly (2022) – 1.0 CLE Credits / NAC Approved
• From Alston to NIL to Future Employment? Recent Legal Developments in College Athletics Governance (2022) – 1.5 CLE Credits
• Promoting Diversity, Equity, Inclusion, and Belonging in Your Organization (2022) – 1.5 CLE Credits
• 2022 Lessons from the Masters (2022) – 1.5 CLE credits of which .5 are Ethics / NAC Approved
• Forensic Meteorology: Revealing Weather-Related Truths (2022) – 1.5 CLE Credits
• Recent Cases on Ethics and Common Questions to Bar Counsel (2022) – 1.5 CLE credits of which 1.5 are Ethics
• Appellate Mediation (2022) – 1.5 CLE credits / NAC Approved
• Bankruptcy for Beginners: The 10 Things EVERY Lawyer Should Know (2022) – 1.0 CLE Credits
• Introduction to Tribal Law (2022) – 1.0 CLE Credits
• Hog-Tight Fences and Dirk-Knives: Decoding Statutes from Idaho’s Infancy (2021) – 1.5 CLE credits / NAC Approved
• Handling Your First Appeal (2021) – 1.5 CLE credits / NAC Approved
• Local Rules Update and Practice Pointers (2021) – 1.5 CLE credits / NAC Approved
• 2021 Lessons from the Masters (2021) – 1.5 CLE credits of which .5 are Ethics / NAC Approved
• Internet Defamation (2021) – 1.5 CLE credits
• So, You’re Going to the United States Supreme Court – Now What? (2021) – 1.5 CLE credits
• Recalibrating Your Law Practice for the Evolving Cybersecurity Threats (2021) – 1.5 Ethics credits / NAC Approved
• The History of Idaho in the Ninth Circuit (2021) – 1.5 CLE credits
• Emerging Issues in the Trademark Law and Unfair Competition (2021) – 1.5 CLE credits
• The Climate of Civility and Professionalism in the Practice of Law in Idaho (2021) – 2.0 Ethics credits / NAC Approved
• 2020 Lessons from the Masters (2020) – 1.5 CLE credits of which .5 are Ethics
• Ethical Guidance for Cyber-Crime Prevention and Response (2020) – 1.5 CLE credits of which 1.5 are Ethics
• Violence in the Legal Profession: A Study of Idaho and our Colleagues Nationwide (2020) – 1.5 CLE credits
• Ten Things All Idaho Lawyers Should Know About Indian Law and Business or Murder? The U.S. Supreme Court and Herrera v. Wyoming (2020) – 1.5 CLE credits
• The Life Cycle of an Estate Plan: Understanding Estate Planning Strategies and Use of Basic Wills and Trusts (2020) – 2.0 CLE credits 1.0 / NAC Approved
• Con Law by the Numbers (2020) – 2.0 CLE credits
• Lawyer Well-Being: What’s It Got to Do with Me? (2020) – 1.5 CLE credits
• Holistic Trial Work: Viewing Your Case with an Eye Towards Appeal and Viewing Your Appeal with an Eye Toward Remand (2020) – 1.5 CLE credits / NAC Approved
• Social Media & Ethics (2020) – 1.5 CLE credits of which 1.5 are Ethics
• Understanding and Representing Clients Who’ve Experienced Trauma in Family Law Matters – What You Need to Know About Trauma (2020) – 1.5 CLE credits
• Clearing Barriers to Military Legal Readiness (2019) – 1.5 CLE credits of which .75 are Ethics
• A View From the Appellate Bench in Idaho (2019) – 1.5 CLE credits of which 1.5 / NAC Approved
• 2019 Lessons from the Masters (2019) – 1.5 CLE credits of which .5 is Ethics credits / NAC Approved
• Technology and a New Generation: How Progress Affects Professional Responsibility (2019) – 2.0 Ethics credits / NAC Approved
• Can I Get This Tweet Admitted? Evidentiary Issues in the Digital Age (2019) – 2.0 CLE credits / NAC Approved

Notice is hereby given that the Judicial Council is now accepting applications for the position of Court of Appeals Judge. The Idaho Judicial Council is starting the process of selecting nominees to fill the vacancy created by the appointment of Honorable Amanda K. Brailsford as a United States District Judge for the District of Idaho, effective immediately. The current salary of a Court of Appeals judge is $157,212. (Comprehensive information about the benefits afforded judges is available by clicking here.)                 

Under Idaho Code § 34-616 (5), to be appointed to the office of judge, a person must, at the time of appointment meet all the following qualifications:   

(a) Be at least thirty (30) years of age; 

(b) Be a citizen of the United States and an elector in the state of Idaho; 

(c) Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such appointment; 

(d) Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such appointment; and 

(e) Have held a license to practice law or held a judicial office in one (1) or more  jurisdictions for at least ten (10) continuous years immediately preceding such appointment.   

Application forms are available on the Judicial Council website. You must use the 7/1/2020 application form. Completed application must be received in the Judicial Council office no later than 3:00 P.M., September 13th, 2023   

Applications should be submitted to:

Idaho Judicial Council 

P.O. Box 1397 

Boise, Idaho 83701   

For hand delivery or via Federal Express please contact the Judicial Council Office at (208) 334-5213 for directions.   

Immediately following receipt of the applications, the Judicial Council will circulate a questionnaire to the Bar via e-mail and to the general public concerning the qualifications of the applicants and will notify each applicant of the time and date for personal interviews. The Council is currently planning to meet in November 2023, in Boise, Idaho for interviews and selection of the nominees. 

Help Shape the Future of Idaho’s Courtrooms

As the legal and technological landscape continues to evolve, the Idaho Supreme Court’s Making the Record Workgroup seeks to understand the preferences and opinions of attorneys and judges regarding whether certain types of hearings should be presumptively in-person or presumptively remote.

Please follow the link that was emailed to you on August 21st for a brief survey on your views regarding which hearings should be held in-person or remotely. The information you provide will be used to identify common views on remote hearings and help guide potential rule amendments.

You will have until Friday, September 1st to respond to the survey.

Again, thank you for your help with this important work!

If you have any questions about the survey, please reach out to Cherie Carter, Research & Evaluation Analyst. If you have questions about the Making the Record Workgroup, you can contact Jared Hoskins, Director of Court Management

Constitution Day CLE: Constitutional Rights: Balancing History, Liberty, and the Common Good (Boise)

Sponsored by the Idaho Law Foundation and Attorneys for Civic Education

Friday, September 15, 2023

12:00 – 1:30 pm (MT)

Idaho State Capitol Lincoln Auditorium – Garden Level

*Live Webcast Available

1.5 CLE credits of which 0.5 is Ethics (pending)

*This conversation is open to attorneys, teachers, students, the media, and members of the public for attendance in person or via live webcast. 

To view the Livestream, click here: 2023 Constitution Day Livestream

**NOTE: If you are an attorney, you must still register with the link below to receive credit

Attorneys are asked for a small donation to Attorneys for Civic Education or to volunteer time in order to receive CLE credit.

Recent Supreme Court rulings suggest Constitutional rights are not absolute but determined by looking at historical precedents, public welfare, and individual rights. This legal standard is known as the “Ordered Liberty Test.”

Join the Idaho Law Foundation and Attorneys for Civic Education in person or virtually in celebration of Constitution Day as they welcome distinguished attorneys for an in-depth discussion of the origins of Ordered Liberty, how it has been applied, and potential responses to its use in answering important legal questions.

Moderator:

Kolby K. Reddish, Smith + Malek

Keynote:

Hon. Jessica M. Lorello, Chief Judge, Idaho Court of Appeals

Panelists:

Benjamin Plener Cover, University of Idaho College of Law

Emily A. MacMaster, MacMaster Law

David G. Robins, United States Attorney’s Office, District of Idaho

This event is open to Idaho attorneys, teachers, students, and members of the public.

Constitution Day is a federal observance that recognizes the adoption of the United States Constitution. It is normally observed on September 17, the day in 1787 that delegates to the Constitutional Convention signed the document. A law establishing the present holiday was created in 2004 and mandates that all publicly funded educational institutions provide educational programming about the Constitution on that day.

Attorneys for Civic Education was founded in 2013 by a group of Idaho attorneys who recognized the critical importance of civic education in Idaho’s schools. Uniting ACE members is a common vision: to increase and sustain opportunities for civic education in Idaho’s schools and ensure the Idaho youth have a solid understanding of the Constitution and the Rule of Law. Through outreach, fundraising, and other activities, ACE is committed to supporting quality civic education for Idaho’s young people. More information about ACE can be found at attorneysforciviceducation.org.

The Idaho Law Foundation is the charitable arm of the Idaho State Bar. As a program of the Foundation, Law Related Education is a statewide civic education program that works to enhance public understanding of the legal system and bring together attorneys and teachers to help students of all ages understand the role of law in a democratic society. For more information, visit idaholawfoundation.org.