2012 Legislative Rules Update

8/13/2019 2012 Legislative Rules Update

1/50


2/50

Faculty

Patricia Tobias, Administrative Director of the Courts

Hon. Barry Wood, Senior Judge

Cathy Derden, Staff Attorney

Michael Henderson, Legal Counsel

Julie Cottrell, ISTARS Systems Coordinator

Janica Bisharat, District Court Services

Dial-In Number: 1-888-713-3067Code: 2089477414

* 6 to mute line


3/50

Highlights of SupremeCourt Rule Changes

Cathy Derden, Staff Attorney


Dial-In Number: 1-888-713-3067Code: 2089477414* 6 to mute line


4/50

Idaho Criminal RulesRule 6.6. Indictment

Once a charge has been rejected by a grand jury, theprosecutor may not file an information. The amendment to

this rule adds a new subsection, entitled Return of no bill,that requires the grand jurys finding of no probable causeto be recorded and kept as part of the record of thatproceeding.


* 6 to mute line


5/50

Idaho Criminal Rules

Rule 43. Presence of the defendant.

This rule provides that further progress of a trial to and

including the return of the verdict shall not be preventedwhen a defendant, who is initially present, is voluntarily

absent after the trial begins or has been removed from

court due to disruptive behavior. The amendment expands

this provision so that it applies to any proceeding.


* 6 to mute line


6/50

Idaho Infraction Rules


* 6 to mute line

Rule 9. New fee schedule.

Changes have been made to the infraction schedule to

reflect the statutory amendment raising POST fees by$5.00. Every infraction that includes a POST fee hasbeen raised by $5.00.

One new infraction was added to the schedule and that

is texting while driving. The fixed penalty is $25.00and, with court costs, the total penalty will be $81.50.


7/50

Idaho Misdemeanor Rules


Rule 13. New bond schedule.

By statute, there is a $5.00 increase in POST fees formisdemeanors. In addition, the legislature added a new

$10.00 fee to misdemeanors for VINE, the VictimsInformation and Notification System. As a result, allpayable misdemeanors were raised by $15.00.

A few other misdemeanors were raised in a similar fashion

so that they would not become payable.


8/50

Idaho Rules of Civil Procedure

Filing Fee Schedule

Some of the filing fees have been raised $8.00 due tothe statutory increase in fees collected pursuant to I.C. 1-2003.

Cases involving minor children will be exempt fromdisclosure beginning July 1, 2012. As a part ofimplementing the rule amendment, separate filing feecategories have been created to help identify thesecases.



9/50

Idaho Juvenile Rules


Rule 40. Notice of Proceedings (CPA)

Subsection (b) now clarifies that when a youth over eightseeks to participate in a proceeding by way of a writing,

the writing shall be filed with and considered by the courtand copies provided to the Department of Health andWelfare, whether or not a party, and all parties to thecase.


10/50

Idaho Court Administrative Rules


Rule 32(g)(19) Records of the Judicial Department

Guardianships and conservatorships have been added tothe list of proceedings that are exempt from disclosureexcept as to certain interested persons specified in therule.

A majority of the record is exempt from disclosure, but therule does provide that certain records are still open. Thepublic may access the register of actions, letters ofguardianship or conservatorship, any order of the courtregarding a bond by a conservator and the bond, as wellas any order, decree or judgment dismissing, concluding orotherwise disposing of the case.


11/50



Rule 32(g)(20) Family Law

Adds records in cases involving child custody, childsupport and paternity to the list of records that areexempt from disclosure.

The register of actions (ROA) is still available to thepublic, as is any order, decree or judgment, though theorder is subject to the redaction requirements ofI.R.C.P. 3(c)(4), as far as certain personal identifyinginformation.

Parities and their attorneys will still have access to therecords in these cases under I.C.A.R. 32(c).


12/50

Q & A


Any questions about the 2012 rule changes?


13/50

Summary of SelectedLegislation


Patti Tobias, Administrative Director of the Courts


Hon. Barry Wood, Senior Judge


14/50

Appropriations H0678 APPROPRIATIONS Appropriation for Department

of Correction for FY 2013; includes funding for communitybased substance abuse treatment.

H0685 APPROPRIATIONS Appropriation for SupremeCourt for FY 2013; appropriates a total budget of

$48,959,000, including funding for a 2% pay increase.

H0701 APPROPRIATIONS Trailer bill to H0660, the billaddressing funding of the Judges Retirement Fund.

S1399 APPROPRIATIONS Appropriation of $22,614,500from the Permanent Building Fund to the Division of PublicWorks; includes $1,500,000 for Capitol Annexinfrastructure.



15/50

Civil Procedures & Torts

S1253 CIVIL PROCEDURE Amends I.C. 5-508 toprovide that an application for service by publication maybe supported by either an affidavit or a verified complaint(the statute currently requires a verified complaint).



16/50

Courts


H0651 COURTS Increases judicial salaries by 2%.

H0660 COURTS Amends the Judges Retirement Fundstatutes and increases employees and employers

contribution; increases JRF civil filing fee from $18 to $26.


17/50

Crimes & Criminal Procedure

H0448 CRIMES Raises the POST fee paid by those whocommit crimes or infractions from $10 to $15.

H0475 CRIMINAL PROCEDURE Provides that a court may

extend the period of probation for a misdemeanor to includethe period of time during which the defendant is a participantin a problem solving court program and for one year after thedefendant graduates or is terminated from the program.



18/50


H0595 CRIMES Creates the State Victim Notification Fundto support the Statewide Automated Victim Information andNotification System (VINE); requires each person found guiltyof each felony or misdemeanor to pay a fee of $10, to bedeposited in the Fund, unless the court waives the feebecause the person is indigent.



19/50


H0648 CRIMINAL PROCEDURE Amends I.C. 19-2524 toprovide for: (1) screening of all persons convicted of feloniesfor substance use disorder and serious mental illness, unlessthe court waives the screening; (2) SUD assessment and/ormental health examination if need is identified by thescreening; (3) community-based treatment if the defendantis placed on probation; court can order screening at any timeafter sentencing when the court exercises jurisdiction over

defendant.



20/50


S1213 CRIMINAL PROCEDURE Amends I.C. 19-3945to provide that witnesses in criminal cases in themagistrate division, in coroners inquests and beforespecial inquiry judges receive the same mileage and thesame $8 per day fee as witness in criminal proceedings in

district court, and that jurors in coroners inquests receivethe same mileage and $10 per day fee as other jurors.

S1265 DEATH PENALTY Amends I.C. 19-2718 toprovide that the return of the death warrant following

execution shall be made to the district court.



21/50


S1266 DEATH PENALTY Amends I.C. 19-2715 toprovide for stays of execution by order of a federal courtor as part of a commutation proceeding, provides forissuance of a new death warrant if a previous deathwarrant has not resulted in an execution because of a

stay, and drops the requirement that the defendant bebrought before the district court for the issuance of a newdeath warrant.



22/50


S1340 CRIMINAL PROCEDURE Provides thatmagistrate judges can order payment by a probationer ofthe costs of testing of breath or bodily fluids as a conditionof probation; provides that such costs can be imposed inboth felony and misdemeanor cases in addition to the

probation supervision fees.



23/50


SJR102 CRIMES Proposes a constitutional amendmentthat would amend article X, section 5 of the IdahoConstitution to provide that the Board of Correction hasthe control direction, and management of adult felonyprobation and parole, as opposed to the present provision

which addresses adult probation and parole.



24/50

Motor Vehicles

H0540a MOTOR VEHICLES Provides for an onlineinsurance verification system so that police officers can verifythe existence of insurance coverage on a motor vehicle.

SB1319 MOTOR VEHICLES Provides that proof of liability

insurance may be provided in electronic format, including adisplay of electronic images on a cell phone or other electronicdevice.



25/50

Public Records H0599 PUBLIC RECORDS Gives the Idaho State Historical

Society responsibility for records management for stategovernment; permits the Society to charge reasonableamounts to state and local agencies for records managementservices; permits the Society to adopt rules and proceduresfor retention periods for records, conditions and proceduresfor destruction of state created records, utilization ofmicrofilming and imaging services, and protocols for anelectronic records management program.



26/50

New Offenses

H0405 JUVENILES Forbids sale of electronic cigarettes tominors and possession of electronic cigarettes by minors,providing the same penalties as for sale or use of tobaccoproducts.

H0511a CRIMES Establishes standards for lighting andmarking of guyed towers more than 50 feet in height toensure aircraft safety; makes a violation of these provisions amisdemeanor.



27/50

New Offenses

S1215a CRIMES Repeals I.C. 18-2503, 18-2510 and18-2511; enacts a new I.C. 18-2510 that makes it amisdemeanor to bring contraband into, or possesscontraband in, a correctional facility or attempt to do so;makes it a felony to do these acts with major contraband(drugs, more than 3 ounces of tobacco, weapons,telecommunications).



28/50

New Offenses

S1293 CRIMES Provides that it is a felony for anyperson to buy, receive, sell, give away, dispose of,exchange or barter any federal food stamp benefits with avalue of $100 or more; the existing threshold for a felonyis $150.

S1303a CRIMES Makes a third conviction for cruelty toanimals within 15 years a felony punishable by up to oneyear in jail and a fine of not less than $500 and not morethan $9,000; makes it a misdemeanor to advertise,

promote or organize a cockfight; it is a felony if (1)controlled substances are present; (2) gambling takesplace. (Penalty provisions are confusing.)



29/50


30/50


31/50

ISTARS Update


Julie Cottrell, ISTARS Systems Coordinator


32/50

A new fee table will be

added to ISTARS effective7/1/12

An itemized listing of the new civil filing fee changes discussedhere will be sent out in document format to the lead clerks prior

to July 1, 2012.



33/50

Updates to Costs and Fees



34/50

Victim Notification Fee:



35/50

Civil Filing Fees



36/50



Rule 32(g)(20) Family Law

Adds records in cases involving child custody, childsupport and paternity to the list of records that areexempt from disclosure.

The register of actions (ROA) is still available to thepublic, as is any order, decree or judgment, though theorder is subject to the redaction requirements ofI.R.C.P. 3(c)(4), as far as certain personal identifyinginformation.

Parities and their attorneys will still have access to therecords in these cases under I.C.A.R. 32(c).


37/50

New Civil Subtypes

DW- Divorce with minor children

DN- Divorce no minor children

CERTAIN DOCUMEMNTS MAY BE ACCESSIBLE UNDERI.C.A.R.32



38/50

Certain Documents May beAccessible Under ICAR 32


Code Case Subtype Filing FeeCode

IB Both Guardianship / Conservatorship (Incapacitated) G3b, G3d

IC Conservatorship (Incapacitated) G2b

IG Guardianship (Incapacitated) G1b

MB Both Guardianship / Conservatorship (Minor) G3a, G3c

MC Conservatorship (Minor) G2a

MG Guardianship (Minor) G1a

DW Divorce with minor children B1a, B2a

SP Support Proceedings A9, H14

PT Paternity A11


39/50

New Banner in ISTARS



40/50

New Banner in the Repository



41/50

Add Judge Counts for NewCase Subtypes ** Lead Clerk

Go to: Tables

Select Judges

Select Counts

For any Judge who had a count number for DR,that number will need to be replaced in the DCand DN subtypes for both To Assign and Leftto be Assigned columns.



42/50


43/50

New Statute Table

201207

A printed complete listing of all of the statutes added will be sentto the lead clerks in mid-June.

We are working now to provide e-citation agencies with the newstatutes and fee changes.



44/50

Activation of Revision 201207 -

Lead Clerk Setup (end of June)

Go to tables

Select Court setup

Select Court System Values

Scroll down to Current Statute Revision andchange that selection from 201107 to 201207.



45/50



46/50


* 6 to mute line


47/50

Thank you for all that you do!



48/50

Q & A

Any questions relating to ISTARS?



49/50

Upcoming Training

Idaho Institute for Court Management:October 2 - 5, 2012 ~ Boise, Idaho

New Clerk Orientation:The fourth Friday of every other month.

Training Schedule and Archived Webinars Located at:

http://isc.idaho.gov/judicial-education/home

Please send online training suggestions to:Janica Bisharat [email protected]

http://isc.idaho.gov/judicial-education/homehttp://isc.idaho.gov/judicial-education/homemailto:[email protected]:[email protected]:[email protected]://isc.idaho.gov/judicial-education/homehttp://isc.idaho.gov/judicial-education/homehttp://isc.idaho.gov/judicial-education/home


50/50

Thank you for joining us!

For questions after the webinar, please contact:

Janica Bisharat, District Court Services(208) 334-3868

[email protected]
mailto:[email protected]:[email protected]