Welcome to the 2014 Uniform Business Practices to Implement Legislative Updates

Welcome to the 2014Uniform Business Practices to Implement Legislative Updates ~ Webinar Reminders ~ Please mute your lines to minimize the background noise. (*6 to mute and # 6 to unmute) Please don’t place your telephone on hold, as you may have hold music that will 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 during the webinar. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Patricia Tobias, Administrative Director of the Courts Michael Henderson, Legal Counsel Cathy Derden, Staff Attorney Julie Cottrell, Court Applications Manager Michael Mehall, Court Operations Manager Faculty Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Updates Following the 2014 Legislative Session Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

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

Increases in civil filing fees to help fund the Odyssey system and the Court’s technology plan; • Renames the ISTARS Fund to the Court Technology Fund; • Provides for an annual a report to the Governor and the Legislature on the status of the Fund, court technology, and improvements resulting from the use of court technology; HB 509- Courts Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

increases the fee for filing a case in the district court by $125, and for filing a case in the magistrate division by $70; increases the fee for filing an appearance by $70; adds a $20 court technology fee for some other filings. (Court bill). HB 509- continued Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Amends environmental quality laws. • Provides that a person who willfully negligently violates certain discharge elimination system standards or permit condition or filing requirement is guilty of a misdemeanor; • Person shall be punished by a fine of not more than $10,000 per violation for each day of a continuing violation; HB 406- Crimes Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Those making false statements in any form or report are guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 per violation for each day of a continuing violation. • The code for this provision is I.C. § 39-117 Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Raises the maximum fine for an infraction to $300; • Provides that the penalty for an infraction will be • 1) the amount set by statute; • 2) the amount set by IIR 9 as of January 1, 2014, if not bet by statute; HB 434 - Infractions Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

3) the amount set by city or county ordinance, if not set under (1) or (2); • (4) an amount set by the sentencing court in its discretion if such discretion is permitted by stature or ordinance; or • (5) otherwise, $15.50. (Penalty does not include court costs and fees.) Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Increases victim notification fee charged to each person found guilty of a felony or misdemeanor from $10 to $15. HB 455 – Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Provides that participation in the Idaho health insurance exchange shall not give rise to a presumption of indigency for the purpose of appointing defense counsel in a criminal case. HB 512 – Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Creates the new misdemeanor of interference with agricultural production. The code for the provision is I.C. §18-7042. SB 1337 – Crimes Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

It a felony to commit a battery on a health care worker when the victim is in the course of performing his or her duties, or where the battery is committed because of the status of the victim as a health care worker. • The code for this provision is I.C. § 18-915C. SB 1351 – Crimes Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Enacts amendments to statutes relating to sentencing, probation, and parole: • provides that a defendant placed on probation shall enter into an agreement of supervision with DOC; SB 1357 – Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

allows suspension of sentence without supervised probation; • adds provisions dealing with modification of provisions of probation and termination of probation; Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Provides that any person carrying a concealed weapon while under the influence of alcohol or drugs on a university or college campus shall have any concealed weapon permit revoked for a period of three years. SB 1254 – Firearms Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Provides that any official or employee of the state of Idaho or any political subdivision who orders confiscation of any firearm under a federal provision of law, other than a firearm used in the commission of a felony, is subject to a civil penalty and on a subsequent violation is guilty of a misdemeanor. • The code for this provision is I.C. § 18-3315B. SB 1332 – Crimes Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Deletes most of the reporting requirements in I.C. 15-5-209, 15-5-312, 15-5-419 and 66-405 for guardians and conservators of minors, incapacitated adults, and persons with developmental disabilities. HB 447 – Guardianship & Conservatorships Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Refers guardians and conservators to new requirements in ISC rule. • To learn more on the new guardianship and conservatorship reporting requirements, attend the clerks webinar, June 20, 2014 from 11:330 am – 12:30 pm. Registration will be announced in the enews. HB 447 – Guardianship & Conservatorships Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Rules Update Cathy Derden, Supreme Court Staff Attorney Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

On Jan 1, 2014, a new rule went into effect addressing sexually exploitive material. • Any property or material that constitutes or is alleged to constitute sexually exploitative material shall remain in the care, custody, and control of either the court or a law enforcement agency. I.C.R. 16 –Discovery and Inspection Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

The court is to deny any request by the defendant to duplicate it so long as the State makes the property or materials reasonably available to the defendant. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

If the bail consists of a surety bond, notice of forfeiture or that forfeiture was set aside shall be sent to the surety, or to the agent designated by the surety to receive such notice as reflected in the records of the Dept. of Insurance, and shall constitute notice to both the surety and person posting bond if they are different persons. I.C.R. 46 – Bail or Release on Own Recognizance Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Adopted statewide with implementation delayed until July 1, 2015. However, any judicial district may implement the new rules sooner by Administrative Order. • New rules govern procedures in all family law cases including divorce, child support, child custody, paternity, Domestic Violence Crime Prevention Act proceedings, and all judgments or Idaho Rules of Family Law Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

decrees related to the establishment, modification or enforcement of such orders, except contempt. • Rules do not apply to Child Protection Act, Adoption, Termination or Guardianship cases. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

An information cover sheet is now required in all guardianship and conservatorship cases, as well as involuntary commitment cases. I.R.C.P. 3(a) – Commencement of Action Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

The clerk is now responsible for serving the order of withdrawal on the client in the same manner that other orders are served. • The 20 day period for the client to respond begins after service of the order. I.R.C.P. 11(b)(3) - Leave to Withdraw – Notice to Client Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

New rules 16 (a) and (b) replace the former Rules 16(a) through (g). • Scheduling conferences are to be held within 30 days after an answer or notice of appearance is filed. I.R.C.P.16(a) – Scheduling Conferences and Scheduling Orders Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

When one or more defendants have been served, but no appearance has been made, a scheduling conference or status conference shall be set no later than three months after a complaint is filed. • A scheduling order shall be entered that addresses dates for discovery, other pre-trial conferences and a trial date. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Final pre-trial conference is to be held at least 30 days before trial. • No later than three (3) days prior to the date set for the final pre-trial conference all parties may file a written stipulation regarding any matter to be discussed. I.R.C.P 16(b) – Final Pre-trial Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

The court shall enter a written pre-trial order which recites the action taken at the conference. • Written objections to a pre-trial order may be filed within 14 days from date of service, and shall be heard prior to trial in the same manner as a motion. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

A change of venue may only be made upon motion of a party. I.R.C.P 40(e) – Change of Venue Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

The rule provides specific language for a final judgment. A judgment shall begin with the words “JUDGMENT IS ENTERED AS FOLLOWS: . . ,” and it shall not contain any other wording between those words and the caption. I.R.C.P. 54(a) – Judgments – Definition - Form Dial-In Number: 1-888-713-3067 Code: 2089477414 - * 6 to mute line

The time for filing a motion for summary judgment has been changed. • It must be filed at least 90 days before trial date or within 7 days from the date of the order setting the case for trial, whichever is later, unless otherwise ordered by the court. I.R.C.P 56(a) and (b) – Summary Judgment Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Requires that affidavits in support of a new trial comply with the form for affidavits provided in Rule 56(e). I.R.C.P. 59(c) – Form and Time for Serving Affidavits on Motion for a New Trial Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Effective July 1, 2014, civil filing fees are increased to provide necessary support for the implementation of the new Odyssey system. • District court cases – increase $125. • Magistrate court cases – increase $70. • Appearances filed by defendants – increase $70. NEW Filing Fee Schedule Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Most cases filed in district court have a filing fee of $221. • Most case filed in the magistrate court have a filing fee of $166. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Effective Jan 1, 2014, subsection (d), access to court records, examination and copying, was amended and some restrictions placed on access to exhibits. • Before final disposition of the action, access to any exhibit shall be allowed only with permission of the custodian judge subject to any conditions I.C.A.R. 32 – Records of the Judicial Department Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

set, and shall take place under the supervision of the clerk. • A provision was added that the public shall not have access at any time to items of contraband or items that pose a health or safety hazard; for example, drugs, weapons, child pornography, toxic substances, bodily fluids, without permission of the custodian judge. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Rule 32 (b), definition of court record has been expanded to other types of records, such as records of the Administrative Office of the Courts, the Judicial Council, the Idaho State Bar, the Idaho Bar Commission, and the District Magistrates Commission. • Subsection (c) (6) of Rule 32 was amended to provide access to court information sheets by guardian ad litems and court visitors unless restricted by the court. Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

I.C.A.R. 54.2 – Guardianship Reports and I.C.A.R. 54.3 - Conservator Reports Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Effective Jan 2, 2014, this rule was repealed and replaced with a new rule addressing the handling and storing of exhibits to ensure all exhibits are properly accounted for both during and after trial. I.C.A.R. 71 - Exhibits Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

ISTARS Update Julie Cottrell, Court Applications Manager Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Increase approved for the VINE fee (included in court costs) for all misdemeanor and felony charges by $5.00. Increase in Misdemeanor and Felony Charge Court Costs Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

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

Upcoming Court Education Guardian and Conservatorship Updates Webinar June 20th noon. To be announced in the enews. Idaho Institute for Court Management: October 20 - 23, 2014 ~ Boise, Idaho New Clerk Orientation: The fourth Friday of every other month. Education and Conference Schedule Located at: http://www.isc.idaho.gov/judicial-education/elected-clerks-upcoming Please send online training suggestions to: Ileen Gerstenberger at igerstenberger@idcourts.net Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

Welcome to the 2014 Uniform Business Practices to Implement Legislative Updates