Legis Rules Update6.1.11

8/13/2019 Legis Rules Update6.1.11

1/41

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

Welcome to the 2011

Legislative, Rules, andISTARS Update!

~ Webinar Reminders ~

Please mute your lines to minimize the background noise. (*6 to mute and #6 to unmute)

Please dont place your telephone on hold, as you may have hold music thatwill play in the background.

Remember that using your speaker phone may create an echo on the line.

Please feel free to send questions using the chat feature at any time duringthe webinar.


2/41


FACULTY

Patricia Tobias, Administrative Director of the Courts

Cathy Derden, Staff Attorney

Michael Henderson, Legal Counsel

Julie Cottrell, ISTARS Systems Coordinator

Janica Bisharat, Program Manager


3/41


Highlights of SupremeCourt Rule Changes

Cathy Derden, Staff Attorney

Webinar for Clerks

June 1, 2011


4/41


Idaho Appellate Rules

Rule 24 Reporters Transcript

Time for transcript to be prepared does not start to rununtil the reporter is given notice of the request by the

Supreme Court.

Rule 25 Reporters Transcript - Contents

Clarifies that standard transcript only applies to criminalappeals.


5/41


Idaho Civil Rules of Procedure New Rule 3(c) Privacy protections for filings made with

the court.

Parties shall refrain from including or shall partially redact, where inclusion isnecessary, certain personal data identifiers from all documents filed with thecourt.

If the personal data identifiers are needed, then the party has two choices:

The party may file a redacted copy of the documents along with a referencelist that identifies each item of redacted information.

The other option is to file the redacted document along with an unredactedcopy, in which case the unredacted copy will be exempt from disclosure.

There are several exceptions stated in the rule.


6/41


Idaho Civil Rules of Procedure

Rule 81(g) Nature of Trial, and Rule 83(d). Record ofproceeding of magistrates division.

The court hearing small claims action is now required to make averbatim record or recording of the proceeding.

Filing Fee Schedule

Addition of cross-claim for divorce when original complaint did notinclude a divorce total fee is $55.00.


7/41


Idaho Criminal Rules

New Rule 43.3 Forensic Testimony by VideoTeleconference

Allows forensic testimony to be submitted in court proceedingsvia simultaneous video teleconference.

The video testimony is recorded in the same manner as anyother testimony, and it is up to the party offering the

testimony to coordinate the audio visual feed into thecourtroom. There is no duty placed on court personnel.


8/41


Idaho Misdemeanor Criminal Rules

Bail Bond Schedule

Amended for a charge of second DUI or an enhanced

DUI. The bond amounts are the same but there is nowa provision that the person bonding out must appear incourt for arraignment within 48 hours, excludingweekends and holidays.


9/41


Idaho Court Administrative Rules

Rule 32 Records of the Judicial Department

Amended to add the reference list of personal dataidentifiers or an unredacted copy of a document filed

pursuant to I.R.C.P. 3(c) to the items exempt fromdisclosure.

New Rule 54 Guardianships and Conservatorships

Requires every individual seeking appointment as aguardian or conservator to complete an online trainingprior to appointment. The court may impose a $25 feeto cover the cost of providing the training.


10/41


Idaho Court Administrative Rules

New Rule 59 Vexatious Litigation

An ADJ may find a person to be a vexatious litigant and

may enter a prefiling order prohibiting that person fromfiling any new litigation pro se in any Idaho courtwithout first obtaining leave of the judge of the courtwhere the litigation is to be filed.


11/41


Q & A

Any questions about the 2011 rulechanges?


12/41


Summary of SelectedLegislation

Patti Tobias, AdministrativeDirector of the Courts

Michael Henderson, Legal Counsel

Webinar for Clerks

June 1, 2011


13/41


APPROPRIATIONS H0338 FY 2012 appropriation for substance abuse

treatment.

SB 1200 Appropriates $43,041,900 to the Supreme Courtfor FY 2012.

SB 1203 FY 2012 Permanent Building Fund appropriation- $1,500,000 for Capitol Annex renovation.

SB 1205 FY 2012 Millennium Fund appropriation -

$420,000 to the Supreme Court for youth courts, tobaccoand alcohol diversion courts, and status offender servicesas they relate to addressing tobacco and/or substanceabuse issues.


14/41


CHILDREN & FAMILIES

HB 140aa Adds provisions on competency to the JuvenileCorrections Act; provides procedures and standards fordetermining competency, and procedures for restoration ofcompetency. (Court bill.)

SB 1103 Provides that an action to collect child supportarrearages can be commenced at any time prior to theexpiration of the child support judgment or any renewal ofthis judgment. Provides that a lien arising from the

delinquency of payment due under a child supportjudgment continues until five years after the death oremancipation of the last child for whom support is owed.


15/41


CIVIL PROCEDURES & TORTS

SB 1009 Clarifies that service on a person or entity who isout of state and subject to the jurisdiction of Idaho courtsunder the long arm statute may be made as provided inI.C. 5-515, and the submission of an affidavit and issuing ofa court order for such service, as previously provided in I.C.

5-508, are not required. (Court defects bill.)

SB 1010 Amends I.C. 32-515, regarding motions toquash, modify or terminate an income withholding order forchild support, to provide that notice of the motion andhearing must be given as provided in the IRCP; removesrequirement of five days notice in the statute to eliminateconflict with 14 days notice required under IRCP 7(b)(3).(Court defects bill.)


16/41


17/41


CRIMES & CRIMINAL

PROCEDURE

HB 119 Places certain synthetic stimulants in theclass of cathinones and known as bath salts inSchedule I.

HB 139 Adds tretrahydrocannabinols from syntheticdrugs (Spice) to Schedule I.

HB 226 Amends I.C. 19-2604 to provide that a

defendant is eligible to have a conviction set aside, orreduced from a felony to a misdemeanor, if there wasno finding or admission in a probation violationproceeding of a violation of the terms of probation.(Court bill.)


18/41


CRIMES & CRIMINAL

PROCEDURE (Continued)

HB 227 Provides that repeat DUI offenders whoare participants in a mental health court programor similar problem-solving court program may beconsidered for a restricted driving permit forpurposes of work, school, or alcohol treatment,provided they have served 45 days of a licensesuspenstion with no driving privileges, have anignition interlock on their vehicles, and showproof of liability insurance. (Court bill.)

SB 1063 Increases the maximum monthlysupervision charge for persons on probation orparole from $50 to $75.


19/41


CRIMES & CRIMINAL

PROCEDURE (Continued)

SB 1097 Provides that when a court orders a presentenceinvestigation, the court shall order the defendant to pay anamount to be determined by the Department of Correction,not to exceed $100, which will be used as reimbursement

for the cost of conducting the PSI.


20/41


ELECTIONS

HB 351 Provides for voter registration as affiliated with apolitical party or unaffiliated; provides that parties maychoose whether to allow unaffiliated voters to vote in theirprimaries, and whether to allow voters affiliated with

another political party to vote in their primary.


21/41


GUARDIANSHIPS AND

CONSERVATORSHIPS

SB 1056 Adopts the Uniform Adult Guardianship andProtective Proceedings Jurisdiction Act; provides forcommunication and coordination between courts in differentstates, taking of testimony of a witness located in anotherstate, clarification of state court jurisdiction and appropriateforum, transfer of guardianships and conservatorships, andregistration of orders from other states.


22/41


MOTOR VEHICLES

HB 61 Amends I.C. 18-8002 and 18-8002A to remove therequirement that the officer seize the defendants licenseupon refusal to submit to an alcohol concentration test orfailure of the test.

SB 1116 Amends I.C. 18-8001 to remove the mandatorysuspension of driving privileges for DWP and to makesuspension discretionary with the court.


23/41


PUBLIC RECORDS & OPEN

MEETINGS

HB 328 Amends the provisions of the public recordsstatutes relating to when inquiry may be made of therequester of public records, when a fee may be charged forresponding to a request, and what amount of fees may becharged; prohibits the filing of multiple requests to avoidpayment of fees.


24/41


Q & A

Any questions relating to 2011 legislation?


25/41


ISTARS Update

Julie Cottrell, ISTARS SystemsCoordinator

Webinar for Clerks

June 1, 2011


26/41


27/41

New Statutes:I18-506(3) - Abortions-Physician's Intentional or Reckless Falsification of Required

Report



28/41

New Statutes:I18-4017(1) - Suicide-Knowingly or Intentionally Assists Another Person to Commit

or Attempts to Commit Suicide



29/41

New Statutes:I18-6101(8) - Rape-Submits Under Belief that Person Committing Act is Someone Other Than

the Accused



30/41


31/41

New Statutes:I37-2705(e) - Controlled Substance-Possession of Bath Salts, Isomers and Salts of

Isomers

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

Code: 2089477414 - * 6 to mute line


32/41

New Statutes:I49-613(4) - Injurious Material-Vehicle Transporting Load Must Cover or Load to Prevent

Hazardous Escaping Debris




33/41

New Statutes:I49-613(5) - Injurious Material-Any Person Hauling a Load Must Cover or Load to

Prevent Hazardous Escaping Debris




34/41

Lead Workers:Please make the following adjustment to your ISTARS Table in Court System Values:




35/41

New Fee Table: Effective 7/1/11

No changes except to add the new K4afee-For divorce when the complaint did

not allege a claim for divorce.




36/41



Q & A

Any questions relating to ISTARS?


37/41



Upcoming Training

Idaho Institute for Court Management:October 24-26, 2011 ~ Boise, Idaho

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

Training Schedule Located at:

http://www.isc.idaho.gov/JudicialEdu_Clerks.htm

Archived Webinars:http://www.isc.idaho.gov/judicialedu_deputyclerksarchive.htm

Please send online training suggestions to:Janica Bisharat [email protected]
http://www.isc.idaho.gov/JudicialEdu_Clerks.htmhttp://www.isc.idaho.gov/judicialedu_deputyclerksarchive.htmmailto:[email protected]:[email protected]://www.isc.idaho.gov/judicialedu_deputyclerksarchive.htmhttp://www.isc.idaho.gov/JudicialEdu_Clerks.htm


38/41



Clerks Manual

To access IKMS, got to https://westkm.idcourts.us

If you have questions about IKMS, please contact:Steve Caylor

IKMS CoordinatorAdministrative Office of the Courts

(208) [email protected]

If you have questions about the Clerks Manual, please contact:Janica Bisharat

Program ManagerAdministrative Office of the Courts

https://westkm.idcourts.us/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://westkm.idcourts.us/km/WestkmLogin.aspx?RedirectUrl=https%3a%2f%2fwestkm.idcourts.us%2fkm%2fPLDefault.aspxhttps://westkm.idcourts.us/


39/41



General Q & A

Any other questions?


40/41



LINKS TO MATERIALSIdaho Supreme Court Rules:

http://www.isc.idaho.gov/rulestxt.htm

2011 Legislative Tracking Report:

http://www.isc.idaho.gov/legislat.htm

Archived Webinars and handouts:

http://www.isc.idaho.gov/JudicialEdu_Clerks.htm
http://www.isc.idaho.gov/rulestxt.htmhttp://www.isc.idaho.gov/legislat.htmhttp://www.isc.idaho.gov/JudicialEdu_Clerks.htmhttp://www.isc.idaho.gov/JudicialEdu_Clerks.htmhttp://www.isc.idaho.gov/legislat.htmhttp://www.isc.idaho.gov/rulestxt.htm


41/41


C d 2089477414 * 6 li

Thank you for joining us!

For questions after the webinar,

please contact:

Janica Bisharat, Program Manager

mailto:[email protected]:[email protected]

Documents

Legis Rules Update6.1.11