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Setting Our Path for the Future by Fonda L. Jovick
by Fonda L. Jovick, President, Idaho Law Foundation
Happy New Year to you and your loved ones! I hope that you had a wonderful holiday season and are as excited as I am to head into the year.
As I face the new year, one of my first tasks is to catch up our membership on the work we have completed and preview what the Idaho Law Foundation will do in the upcoming year. I know this may come across as a little too inside baseball in a way that only connects with others who write a lot, but sometimes when I try to craft my President’s message, I have a little period of panic where I’m not sure what I’m going to communicate.
What can I share with you about our work at the Foundation that hasn’t already been said by others that came before me? How do I impart a message that explains just how much Foundation programs do for communities across Idaho? How can I help readers understand the importance of our work and invite them to join in? That’s a lot of heavy lifting for a short article, but I’m always game to give it a shot.
One of my go-to methods for sparking creativity and getting the juices flowing is to look for a good quote to use as a starting point. I fire up the old Google machine, wonder how we would have done this research pre-internet, and type in my search parameters. I searched “New Year’s Quotes” and came across this gem from Abraham Lincoln: “The best way to predict the future is to create it.” I confess, I’m not sure why this is a New Year quote, but it did resonate with me and inspired me to think about our work in a new way.
Review of 2023
I love the idea that the past is prologue; that the precedence we set with the work we have done, helps determine our success for the future. In my time at the Foundation, I’ve seen this concept materialize. Foundation programs continually turn to our mission of increasing access to legal services and enhancing public understanding of the law as their touchstone. It has allowed our work to have consistency over the years. But it also provides us with a strong platform for being able to innovate. We know the core of our mission and we stick with it while trying to find new ways to share that mission with the public.
As we look back on 2023, we can see what we have created through our work at the Foundation. Here are some highlights:
• 594 donors gave $124,416 to the Foundation and our programs.
• 567 volunteers served 5,700 volunteer hours.
• The Idaho Volunteer Lawyers Program processed 3,371 requests for pro bono legal services, opened 803 cases, and provided legal services for 846 individuals and families.
• Law Related Education hosted a Constitution Day Event attended by 667 people including 118 attorneys, 18 non-attorney community members, and 527 students from 14 schools.
Idaho Volunteer Lawyers Program
In 2023, the Idaho Volunteer Lawyers Program (“IVLP”) was proud to expand their Lawyer in the Library clinics to serve low-income individuals and families in all parts of Idaho. In 2024, IVLP will focus on outreach to attorneys interested in committing to the growing need for volunteers available to take on full pro bono representation and clear the back log of numerous applicants waiting for attorney assistance. As part of this effort, IVLP will transition to a new placement software called Paladin that allows for IVLP to post opportunities ranging from advice and counsel to litigation in one place.
Law Related Education
In the year to come, Law Related Education (“LRE”) will continue to bolster civic education in Idaho. From mock trial to Constitution Day to our popular 18 in Idaho publication and website, LRE will ensure that Idaho students have access to better understand the law and our legal system. In 2024, LRE will launch a middle school mock trial program and develop the new Seniors & the Law publication.
Looking Ahead
The Idaho Law Foundation has been creating the future for 49 years. So, I would be remiss if I didn’t mention that a year from now, in 2025, we will be celebrating its 50th anniversary. Stay tuned for more information throughout this year on how you can help us honor this important anniversary.
As it has been every year, I am confident that the Idaho Law Foundation has laid the groundwork for a successful 2024 and beyond. And of course, we know that we can rely on you, our Idaho attorneys, as our partners in this important work. To that end, we ask that you consider supporting our programs. You can donate when you fill out your annual licensing form or visit us online at idaholawfoundation.org to donate or sign up to volunteer for one of our programs.
As I sit here considering my involvement with the Idaho Law Foundation, I can share that I am proud to be part of an organization that does such good work in all parts of Idaho. It’s a joy and honor to get to work with the staff, Board, and volunteers who participate in the Foundation. As we set our path for the future, I invite you to be part of it.
If you have any questions about the Foundation or our programs, contact Carey Shoufler at cshoufler@isb.idaho.gov.
Fonda L. Jovick
is President of the Idaho Law Foundation. She graduated from Gonzaga University School of Law and is a founding member and managing partner at Lake City Law in Coeur d’Alene. Her practice focuses on estate planning, probate, and trust work as well as representing municipalities and governmental entities in addition to maintaining a mediation practice.is President of the Idaho Law Foundation. She graduated from Gonzaga University School of Law and is a founding member and managing partner at Lake City Law in Coeur d’Alene. Her practice focuses on estate planning, probate, and trust work as well as representing municipalities and governmental entities in addition to maintaining a mediation practice.
Random Thoughts by Gary Cooper
by Gary L. Cooper
I know this will be published in the January issue of The Advocate. I am writing it in late November. In fact, I have procrastinated and am writing it just before it is due. I have thought about this article for a few weeks since I was reminded that it is my turn to author the column for the January issue. It was easy to set this task aside. I have been working pretty hard in the last couple of months writing briefs, opinion letters, and expert disclosures. As a result, I think I have written everything I have to say, and I am struggling to come up with anything to contribute for this column. So, forgive me because the rest of my column consists of random thoughts.
End of the year or beginning of a new year? That is one of those “glass half empty” or “glass half full” conundrums that we all face at the end of every year. Most of the time I dread the beginning of the new year, because as hard as I try, I have never been able to fully appreciate in December how preparation for next year’s trials becomes a crisis on January 2. Preparation seems so far away in December and in my head, it is easy to convince myself that I am ready, and that it will not require a lot of additional preparation. That is how my mind works when I am focused on meeting year-end deadlines, seeing my family, and celebrating the Christmas holidays. I set aside next year’s tasks. Do you see a pattern developing?
Every year on January 2 reality hits hard. I am sure I will have the same feeling of panic on January 2, 2024, that I have every year, but 2024 will be different. I will be retiring at the end of 2024. My wife of 50+ years and I have decided to embark on one last adventure. I hope to be able to attend the Annual Meeting in 2025, which will be my 50th year of being an Idaho lawyer. I will share with you how the adventure is going. I have also decided to procrastinate about what to do with my license until then.
I have been incredibly lucky to practice law in Idaho for the past 48 years. I have been mentored by some of the best lawyers in our state. I have written about them in previous columns. They are now gone, and I miss them, but I don’t dwell on that. There are many great lawyers from the two firms I have been a part of during my time as an Idaho lawyer who are still with us. I have also had the privilege of mentoring some of the best young lawyers in Idaho – Tony Sasser, Mark Echo Hawk, James Ruchti, Javier Gabiola, JD Oborn, and Tony Budge. I know each will make a positive impact on the practice of law. Not because of me. They came to me that way, I just made a few adjustments.
They are not alone. One of the privileges of being an Idaho State Bar Commissioner is that it has given me the opportunity to meet many young lawyers throughout Idaho who have the same vision as those I’ve mentioned – to use their legal education and training to help people. This past fall I did something I have not done for 48 years. I repeated the Idaho attorney’s oath along with 82 new admittees to the Idaho State Bar on September 29. It is a powerful oath which is worth re-reading from time to time. The last line is an important reminder of our responsibilities to each other and to the public: “I will conduct myself personally and professionally in conformity with the high standards of my profession.” That line means something different to me now, 48 years after I first voiced those words. It is not always easy to live up to those high standards.
"One of the privileges of being an Idaho State Bar Commissioner is that it has given me the opportunity to meet many young lawyers throughout Idaho who have the same vision as those I’ve mentioned – to use their legal education and training to help people."
I attended the Bellwood Memorial Lecture Series in October. Chief Judge Jeffrey S. Sutton from the United States Court of Appeals for the Sixth Circuit gave a fascinating lecture. He focused on state constitutions and the rights which are protected therein. The press and pundits focus on the rights guaranteed by the federal constitution and the interpretation of those rights given by the United States Supreme Court. Consequently, I have forgotten to think about whether there are additional rights protected by the Constitution of the State of Idaho which might supplement protections or provide different protections to citizens of the State of Idaho.
For example, Article I, Section 1 of the Idaho Constitution declares the following inalienable rights of man: “All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.” I am no constitutional scholar, but I don’t remember the words “defending life and liberty” and “protecting property” in the Bill of Rights. I am sure these rights, as declared by the Idaho framers, are not without limitations, but it certainly makes the Ninth and Tenth Amendments to the United States Constitution take on a new meaning for me.
There are 23 separate sections to the Declaration of Rights of the Idaho Constitution. Read them for yourself and let your imagination do the rest. Personally, I am not as awe inspired by the United States Supreme Court as I once was. I like the idea of letting the Idaho Supreme Court have a say in protecting our inalienable rights. Judge Sutton has a valid point, namely that state supreme courts should have a more important position in the world of constitutional law. It was a thought-provoking lecture.
We have past-president of the Idaho State Bar and former Idaho District Court Judge Sherman Bellwood to thank for these yearly lectures. Judge Bellwood endowed the Sherman J. Bellwood Lectures at the College of Law. According to the terms of his will, Judge Bellwood’s purpose in establishing this endowment was “to enable the College of Law to invite and present persons learned in the law to lecture on legal subjects from time to time.” What an important gift!
For those that have served on the Idaho State Bar Board of Commissioners, you know that the highlight of every year is the Roadshow. Fellow Commissioners Mary York, Jillian Caires, Kristin Bjorkman, and Hon. Bob Jackson joined me and several Idaho State Bar staff members as we traveled to each of Idaho’s judicial districts in November. It was a great opportunity to renew friendships and be introduced to new friends. The recipients of the Professionalism Awards and Denise O’Donnell Day Pro Bono Awards were amazing. We were also able to recognize several members of the judiciary who retired this year. It was a great way to wrap up 2023.
May this new year provide you and your team with many interesting opportunities to help others with your law degree and training. Remember your pro bono obligations this year. I look forward to seeing you at the Annual Meeting in July in Boise.
Gary L. Cooper
Gary L. Cooper was raised in Idaho. He received an undergraduate degree and law degree from the University of Idaho. He has practiced in Pocatello since 1975. For the last 25 years he has practiced with his good friends, Reed Larsen and Ron Kerl. He and his wife, Jane, have three children and five grandchildren.
Idaho Supreme Court Order In Re: Amendments to Section III of the Idaho Bar Commission Rules – Effective May 1, 2024
Idaho Supreme Court Order In Re: Amendments to Sections of the Idaho Bar Commission Rules – Effective March 1, 2024
Amendment to Idaho Court Administrative Rule 32 – Effective Jan 1, 2024
2023 Licensing Deadline February 1, 2024
The licensing deadline is February 1, 2024. You should have received the link to online licensing or the licensing materials in the mail. If you did not or if you have questions, please contact the Licensing Department.
2023 Award Recipients
2023 Resolution Results
Coaches Needed for High School Mock Trial
Attorney coaches needed for high school mock trial teams in Meridian and Blackfoot
Renaissance High School (Meridian) and Snake River Opportunities School (Blackfoot) are participating in the 2024 Idaho’s High School Mock Trial Competition and need an attorney or attorneys to help coach their teams from January to Mid-March.
Attorney coaches serves as consultants for teams, advising team members as they navigate the case materials and prepare for competition. Attorney coach tasks include:
- Familiarizing yourself with the mock trial materials (including the case, the rules of competition, and the simplified rules of evidence).
- Helping teams prepare opening and closing statements, direct and cross examination, and witness performance.
- If possible, attending regional and (if qualified) state competitions with teams.
While the scheduling attorney coach time is upon mutual agreement between the attorney and the teacher-sponsor, attorney-coaches typically spend about 3 hours a week helping with mock trial teams. They meet with their teams once a week or once every other week either in person or on Zoom and are available to answer questions from the teacher and team members between meetings.
Attorneys can coach individually or can partner with other attorneys to form coaching teams. The Idaho Law Foundation’s Law Related Education Program will provide you with a coaching manual and training videos, and can connect you with other attorney coaches who can serve as mentors for newer attorney coaches.
Contact Carey Shoufler if you are interested or would like more information. Thank you for considering this opportunity.
2023 Resolution Ballots due Dec. 4th
The Resolution Process is set forth in Idaho Bar Commission Rule 906. Resolutions may be submitted by a District Bar Association, the Board of Commissioners, a Bar committee, or an individual member of the Bar. Resolutions submitted by a District Bar Association, the Board of Commissioners, or the Idaho Supreme Court are automatically included in the resolution process. Ballots are due in the Law Center by December 4th, 2023 by 5 p.m.