1 / 50

Welcome to the 2012 Legislative, Rules, and ISTARS Update!

Welcome to the 2012 Legislative, Rules, and ISTARS Update!. ~ 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.

eldon
Download Presentation

Welcome to the 2012 Legislative, Rules, and ISTARS Update!

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Welcome to the 2012 Legislative, Rules, and ISTARS Update! ~ 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

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

  3. Highlights of Supreme Court Rule Changes Cathy Derden, Staff Attorney Michael Henderson, Legal Counsel Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  4. Rule 6.6. Indictment • Once a charge has been rejected by a grand jury, the prosecutor may not file an information. The amendment to this rule adds a new subsection, entitled “Return of no bill”, that requires the grand jury’s finding of no probable cause to be recorded and kept as part of the record of that proceeding. Idaho Criminal Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  5. 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 prevented when 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. Idaho Criminal Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  6. 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 has been raised by $5.00. One new infraction was added to the schedule and that is texting while driving. The fixed penalty is $25.00 and, with court costs, the total penalty will be $81.50. Idaho Infraction Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  7. Rule 13. New bond schedule. By statute, there is a $5.00 increase in POST fees for misdemeanors. In addition, the legislature added a new $10.00 fee to misdemeanors for VINE, the Victims Information and Notification System. As a result, all payable misdemeanors were raised by $15.00. A few other misdemeanors were raised in a similar fashion so that they would not become payable. Idaho Misdemeanor Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  8. Filing Fee Schedule • Some of the filing fees have been raised $8.00 due to the statutory increase in fees collected pursuant to I.C. § 1-2003. • Cases involving minor children will be exempt from disclosure beginning July 1, 2012. As a part of implementing the rule amendment, separate filing fee categories have been created to help identify these cases. Idaho Rules of Civil Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  9. Rule 40. Notice of Proceedings (CPA) Subsection (b) now clarifies that when a youth over eight seeks to participate in a proceeding by way of a writing, the writing shall be filed with and considered by the court and copies provided to the Department of Health and Welfare, whether or not a party, and all parties to the case. Idaho Juvenile Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  10. Rule 32(g)(19) Records of the Judicial Department Guardianships and conservatorships have been added to the list of proceedings that are exempt from disclosure except as to certain interested persons specified in the rule. A majority of the record is exempt from disclosure, but the rule does provide that certain records are still open. The public may access the register of actions, letters of guardianship or conservatorship, any order of the court regarding a bond by a conservator and the bond, as well as any order, decree or judgment dismissing, concluding or otherwise disposing of the case. Idaho Court Administrative Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  11. Rule 32(g)(20) Family Law • Adds records in cases involving child custody, child support and paternity to the list of records that are exempt from disclosure.  • The register of actions (ROA) is still available to the public, as is any order, decree or judgment, though the order is subject to the redaction requirements of I.R.C.P. 3(c)(4), as far as certain personal identifying information. • Parities and their attorneys will still have access to the records in these cases under I.C.A.R. 32(c). Idaho Court Administrative Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  12. Q & A Any questions about the 2012 rule changes? Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  13. Summary of Selected Legislation Patti Tobias, Administrative Director of the Courts Michael Henderson, Legal Counsel Hon. Barry Wood, Senior Judge Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  14. H0678 – APPROPRIATIONS – Appropriation for Department of Correction for FY 2013; includes funding for community based substance abuse treatment. • H0685 – APPROPRIATIONS – Appropriation for Supreme Court 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 bill addressing funding of the Judges’ Retirement Fund. • S1399 – APPROPRIATIONS – Appropriation of $22,614,500 from the Permanent Building Fund to the Division of Public Works; includes $1,500,000 for Capitol Annex infrastructure. Appropriations Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  15. S1253 – CIVIL PROCEDURE – Amends I.C. § 5-508 to provide that an application for service by publication may be supported by either an affidavit or a verified complaint (the statute currently requires a verified complaint). Civil Procedures & Torts Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  16. H0651 – COURTS – Increases judicial salaries by 2%. • H0660 – COURTS – Amends the Judges’ Retirement Fund statutes and increases employee’s and employer’s contribution; increases JRF civil filing fee from $18 to $26. Courts Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  17. H0448 – CRIMES – Raises the POST fee paid by those who commit crimes or infractions from $10 to $15. • H0475 – CRIMINAL PROCEDURE – Provides that a court may extend the period of probation for a misdemeanor to include the period of time during which the defendant is a participant in a problem solving court program and for one year after the defendant graduates or is terminated from the program. Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  18. H0595 – CRIMES – Creates the State Victim Notification Fund to support the Statewide Automated Victim Information and Notification System (VINE); requires each person found guilty of each felony or misdemeanor to pay a fee of $10, to be deposited in the Fund, unless the court waives the fee because the person is indigent. Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  19. H0648 – CRIMINAL PROCEDURE – Amends I.C. § 19-2524 to provide for:  (1) screening of all persons convicted of felonies for substance use disorder and serious mental illness, unless the court waives the screening; (2) SUD assessment and/or mental health examination if need is identified by the screening; (3) community-based treatment if the defendant is placed on probation; court can order screening at any time after sentencing when the court exercises jurisdiction over defendant. Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  20. S1213 – CRIMINAL PROCEDURE – Amends I.C. § 19-3945 to provide that witnesses in criminal cases in the magistrate division, in coroner’s inquests and before special inquiry judges receive the same mileage and the same $8 per day fee as witness in criminal proceedings in district court, and that jurors in coroner’s inquests receive the same mileage and $10 per day fee as other jurors. • S1265 – DEATH PENALTY – Amends I.C. § 19-2718 to provide that the return of the death warrant following execution shall be made to the district court. Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  21. S1266 – DEATH PENALTY – Amends I.C. § 19-2715 to provide for stays of execution by order of a federal court or as part of a commutation proceeding, provides for issuance of a new death warrant if a previous death warrant has not resulted in an execution because of a stay, and drops the requirement that the defendant be brought before the district court for the issuance of a new death warrant. Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  22. S1340 – CRIMINAL PROCEDURE – Provides that magistrate judges can order payment by a probationer of the costs of testing of breath or bodily fluids as a condition of probation; provides that such costs can be imposed in both felony and misdemeanor cases in addition to the probation supervision fees. Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  23. SJR102 – CRIMES – Proposes a constitutional amendment that would amend article X, section 5 of the Idaho Constitution to provide that the Board of Correction has the control direction, and management of adult felony probation and parole, as opposed to the present provision which addresses “adult probation and parole.” Crimes & Criminal Procedure Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  24. H0540a – MOTOR VEHICLES – Provides for an online insurance verification system so that police officers can verify the existence of insurance coverage on a motor vehicle. • SB1319 – MOTOR VEHICLES – Provides that proof of liability insurance may be provided in electronic format, including a display of electronic images on a cell phone or other electronic device. Motor Vehicles Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  25. H0599 – PUBLIC RECORDS – Gives the Idaho State Historical Society responsibility for records management for state government; permits the Society to charge reasonable amounts to state and local agencies for records management services; permits the Society to adopt rules and procedures for retention periods for records, conditions and procedures for destruction of state created records, utilization of microfilming and imaging services, and protocols for an electronic records management program. Public Records Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  26. H0405 – JUVENILES – Forbids sale of electronic cigarettes to minors and possession of electronic cigarettes by minors, providing the same penalties as for sale or use of tobacco products. • H0511a – CRIMES – Establishes standards for lighting and marking of guyed towers more than 50 feet in height to ensure aircraft safety; makes a violation of these provisions a misdemeanor. New Offenses Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  27. S1215a – CRIMES – Repeals I.C. §§ 18-2503, 18-2510 and 18-2511; enacts a new I.C. § 18-2510 that makes it a misdemeanor to bring contraband into, or possess contraband 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). New Offenses Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  28. S1293 – CRIMES – Provides that it is a felony for any person to buy, receive, sell, give away, dispose of, exchange or barter any federal food stamp benefits with a value of $100 or more; the existing threshold for a felony is $150. • S1303a  CRIMES – Makes a third conviction for cruelty to animals within 15 years a felony punishable by up to one year in jail and a fine of not less than $500 and not more than $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 takes place. (Penalty provisions are confusing.) New Offenses Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  29. S1337a – CRIMES – Amends provisions relating to the sexual exploitation of children and vulnerable adults by defining “commercial purpose” and by defining sexually exploitative material to include video chat, webcam sessions and video calling. • S1338 – CRIMES – Amends I.C. § 18-1509A, regarding enticing of children, to includes the use of “any device that provides transmission of messages, signals, facsimiles, video images or other communication” in the definition of enticing. • S1274a – MOTOR VEHICLES – Makes texting while driving an infraction; provides exception for voice-operated or hands free devices. New Offenses Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  30. Q & A Any questions relating to 2012 legislation? Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  31. ISTARS Update Julie Cottrell, ISTARS Systems Coordinator Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  32. An itemized listing of the new civil filing fee changes discussed here will be sent out in document format to the lead clerks prior to July 1, 2012. A new fee table will be added to ISTARS effective 7/1/12 Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  33. Updates to Costs and Fees Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  34. Victim Notification Fee: Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  35. Civil Filing Fees Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  36. Rule 32(g)(20) Family Law • Adds records in cases involving child custody, child support and paternity to the list of records that are exempt from disclosure.  • The register of actions (ROA) is still available to the public, as is any order, decree or judgment, though the order is subject to the redaction requirements of I.R.C.P. 3(c)(4), as far as certain personal identifying information. • Parities and their attorneys will still have access to the records in these cases under I.C.A.R. 32(c). Idaho Court Administrative Rules Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  37. DW - Divorce with minor children • DN - Divorce no minor children • CERTAIN DOCUMEMNTS MAY BE ACCESSIBLE UNDER I.C.A.R.32 New Civil Subtypes Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  38. Certain Documents May be Accessible Under ICAR 32 Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  39. New Banner in ISTARS Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  40. New Banner in the Repository Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  41. 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 DC and DN subtypes for both “To Assign” and “Left to be Assigned” columns. Add Judge Counts for New Case Subtypes ** Lead Clerk Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  42. Judge Count Maintenance – Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  43. 201207 • A printed complete listing of all of the statutes added will be sent to the lead clerks in mid-June. • We are working now to provide e-citation agencies with the new statutes and fee changes. New Statute Table Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  44. Go to tables • Select Court setup • Select Court System Values • Scroll down to “Current Statute Revision” and change that selection from 201107 to 201207. Activation of Revision 201207 -Lead Clerk Setup (end of June) Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

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

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

  47. Thank you for all that you do! Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  48. Q & A Any questions relating to ISTARS? Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  49. 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 at jbisharat@idcourts.net Dial-In Number: 1-888-713-3067 Code: 2089477414 * 6 to mute line

  50. Thank you for joining us! For questions after the webinar, please contact: Janica Bisharat, District Court Services (208) 334-3868 jbisharat@idcourts.net

More Related