The Supreme Court appointed members to the Death Penalty Criminal Jury Instructions Committee, including Justice Daniel Eismann as chair of said Committee, and charged the Committee with drafting a set of pattern jury instructions for death penalty cases. That process is now complete, and the Court is in receipt of the recommended Death Penalty Criminal Jury Instructions of 2003.

               NOW, THEREFORE, although the Court is not approving any specific instruction and will simply address instructions through appellate review, the Court does hereby accept the recommendation of the Committee and the instructions shall be disseminated for general use by the trial bench and the Bar in Idaho, to be effective immediately.

               IT IS FURTHER ORDERED, that the Clerk of the Court shall cause this Order to be published in one issue of The Advocate.

              DATED this _10th_____ day of ___December___________, 2003.

By Order of the Supreme Court

___________/s/_______________________
Linda Copple Trout, Chief Justice

ATTEST: _________/s/________________
                Frederick C. Lyon, Clerk