The Internet Guide to the Idaho Courts
is an electronic companion to the hard-copy Media Guide to the Idaho Courts. Both Guides are designed to provide a quick
source of basic information for journalists covering the Idaho court system.
The Internet
Guide contains links to numerous relevant laws and rules, as well as
to other Internet sources of legal information. Topics in the Internet Guide are in the same order as
topics in the Media Guide. (NOTE:
The Internet
Guide was updated July 2005; however, the hard-copy Media Guide
to the Idaho Courts, published in
November 2000, has not yet been reprinted.)
If at any time you do not know the meaning of a legal term used below, you can check the definition by clicking on "Law Dictionary" at http://law.com. There also is a glossary at the end of this Guide, and a brief list of legal "jargon" terms and their definitions.
Covering
High-Interest Proceedings
Child Abuse
Domestic Violence
Capital Cases
Snake River Basin Adjudication
What
to do if you are denied access to court proceedings
Media
and the Courts Conflict Resolution Panel
Complaints
against Judges or Attorneys
Program
for the Appropriate Response to Criticism of Judges and Courts (ISB)
Sample Court Records Request Form
Sample Request Form: Cameras in the
Courtroom
Understanding Legal Citations
Glossary of Legal Jargon
Glossary of Legal Terms
Public Access Terminals
Telephone and Fax Directory to
County Courthouses
The Supreme
Court, the state's top appellate court, includes the Chief Justice and four
other justices. You may link to specific information about Idaho’s justices and
judges on the Court’s web site at http://www.isc.idaho.gov.
Computer users with Acrobat Reader installed can access the "Supreme Court
of Idaho Internal Rules Text," a detailed description of the operation
of the court. The Supreme Court employs
an Administrative Director of the Courts, supervised by the Chief Justice,
whose duties include acting as the public information officer for the Court.
The Supreme Court and the Court of Appeals hear appeals
from District Courts and from the Idaho Public Utilities Commission and the
Industrial Commission. The Court of Appeals hears cases assigned by
the Supreme Court except capital murder convictions and appeals from the Public
Utilities Commission or Industrial Commission. This Court includes a chief
judge and two other judges. You may link to specific information about the
Court of Appeals judges at http://www.isc.idaho.gov/scopins.htm.
Idaho is divided into seven judicial districts, each with an Administrative
Judge chosen by the other judges in the district. See
chapter one of "Overview of the
Idaho Court System," for a judicial district map, a chart of the
judicial structure, and for more information about the state’s judicial
districts, including telephone numbers of Idaho Courts.
Each county has a District Court, which includes a Magistrate
Division. There are 39 district judges and 83 magistrate judges in
the state. District judges hear felony criminal cases and civil actions if the
amount involved is more than $10,000, and appeals of decisions of the
Magistrate Division. Each district judge employs a Court Reporter who is
responsible for capturing the record of proceedings in that judge's court. See
http://www.isc.idaho.gov/district.htm
to link to the web sites of several of Idaho’s district courts. See also
a statewide County
Courthouse Directory, including addresses and telephone numbers.
The Magistrate Division hears probate matters,
divorce proceedings, juvenile proceedings, initial felony proceedings through
the preliminary hearing, criminal misdemeanors, infractions, civil cases when
the amount in dispute does not exceed $10,000, and cases in Small Claims
Court, established for disputes of $4,000 or less. See
chapter two of "Overview of the
Idaho Court System," for more information about the operation of
Idaho’s district courts and magistrate divisions.
Each judicial district employs a Trial Court Administrator,
supervised by the administrative district judge and the Administrative Director
of the Courts. The Trial Court Administrator helps to manage the district court
operations, and often handles media contacts with court personnel and judges. See
chapter three of "Overview of the
Idaho Court System," for more information about the work of
Trial Court Administrators.
The elected Clerk of the District Court (the
"county clerk") is an important link between the judiciary and county
government. District court clerks and their deputies provide crucial services
to district magistrates and judges. One important role of the elected clerk is
to serve as one of the county’s jury commissioners, a group responsible for
managing the jury selection process under supervision of the court. See Idaho Code §
2-205 and Idaho Code §
2-207 for more information on the jury commission and its
operation.
The County Prosecutor is responsible for charging and prosecuting
crimes and usually serves as the attorney for the county commission in civil
matters. The county prosecutor handles all felony prosecutions. City
Attorneys similarly handle city criminal and civil matters. Public
Defenders are appointed for defendants unable to afford private
attorneys.
The Idaho Supreme Court has adopted Idaho Court Administrative
Rule (ICAR) 45, for the use of cameras and recording equipment in the
courtroom. The presiding judge authorizes and may revoke the use of cameras and
other recording equipment at any time without prior notice. The judge’s
decision cannot be appealed. Additionally:
Idaho Court Administrative Rule 32
(ICAR 32), governs access to judicial records. This is not the same as Idaho's
public records law (I. C. sections
9-337 to 9-342). ICAR 32 covers all court
"records," which includes almost everything in the possession of the
court or its staff, whether or not it is filed in a case. (See Appendix for a sample
records request form.)
The Idaho Statewide Trial Court Record System, known as
ISTARS, is a computer system used by Idaho's trial courts to assist in the processing
of all cases filed at the trial court level. The case file serves as the
official court record and includes all documents filed in that case. Open court
records are listed on ISTARS. Ask a clerk for assistance in using ISTARS on a
public access terminal, if one is available. Remote access to most ISTARS
records is planned for the future. A
county by county list of public access terminals is included in the appendix.
Open records:
Minutes
Orders
Opinions
Findings of fact
Conclusions of law
Judgments and notices
Warrants after they have been served and returned
Records offered or introduced as exhibits in trials or hearings
Pleadings
Motions
Affidavits
Responses
Memoranda
Briefs
Other records which are not exempt from disclosure by law or rule
Closed records:
Child Protection Act Proceedings
Pre-sentence Investigation Reports
Mental Commitment Case Records
Records relating to unserved search warrants.
Records relating to identity of Grand Jurors or Trial Jurors in certain cases
Adoption Records
Parental Rights Termination Records
Domestic Violence Protection Files except orders of the Court
Records
to determine an individual's need for counseling/rehabilitation
to determine appropriate custody of minor children
to provide the court with a psychological evaluation
to assist in assigning an appropriate
disposition
Judicial Work Product or Drafts
Personnel Records Including Applications for Employment
(Some employment records of a public official are open)
Computer Programs and related intellectual property records
State Law Library records linking patrons to materials borrowed
Grand Jury records
Records of the Idaho State Bar relating to attorney discipline
Records relating to judge performance or discipline, unless formal charges are
filed with the
Supreme Court.
Juror qualification forms and questionnaires
Applications and test scores of persons seeking to be
placed on the Supreme
Court’s roster of
persons providing court services
Records whose release would endanger innocents invade privacy,
defame, humiliate or ridicule innocent individuals, disclose proprietary
business records or trade secrets, or otherwise make public certain private
facts.
Juvenile records: Access
to Juvenile Correction Act records is governed by Rule 32 of the Idaho
Court Administrative Rules. Following the juvenile's admit/deny
hearing, case records and files are open unless the court enters an order
exempting them from disclosure. If a juvenile is adjudicated guilty of an act
that would be a criminal offense if committed by an adult, the name, offense,
and disposition of the court are open to the public. However, if the juvenile
is found not to have committed the act or the charge is reduced to less than a
felony if committed by an adult, the court may close all those case records and
documents.
Trial transcripts and recordings: Typewritten
transcripts of proceedings are sometimes part of the court record and you may
obtain one for the cost of copying. You may request that a typewritten
transcript of a proceeding be prepared; however, the cost for this could be
significant. You may re-record audio records of a proceeding, but listening to
extensive real-time entire proceedings may be less efficient than buying a
transcript.
Custodians of court records: Contact
the official custodian of a court record, identified below, with your initial
request.
|
Location of Record |
Custodian |
|
Supreme Court or Court of Appeals |
Clerk of the Supreme Court
or a deputy |
|
case file |
clerk designated in writing |
|
|
|
|
Supreme Court or Court of
Appeals, |
Administrative Director of
the Courts or |
|
but not in a case file |
other person designated in
writing by |
|
|
the Chief Justice |
|
|
|
|
District court or magistrate division, |
Clerk of the District Court
or a deputy |
|
but not in a case file |
clerk designated in writing |
|
|
|
|
District court or magistrate
division, |
Trial Court Administrator
of the judicial |
|
but not in a case file |
district, or judge
or magistrate designated by the Administrative District Judge |
|
|
|
|
Judicial Council |
Executive Director of the
Judicial Council. |
|
|
|
|
Idaho State Bar |
Executive Director of the
Idaho State Bar or other |
|
|
person designated in writing by
the Idaho State Bar |
|
|
Commissioners. |
Custodian Judges: Custodian
judges are those who hear appeals of denials of requests from custodians, and
vary depending upon the location of the record requested.
|
Location of Record |
Custodian Judge |
|
Supreme Court or Judicial Council |
Chief Justice of the Idaho
Supreme Court, or the |
|
|
Vice-Chief Justice in the absence
of the Chief Justice |
|
|
|
|
Court of Appeals |
Chief Judge of the Court of
Appeals, or a Judge of |
|
|
the Court of Appeals designated
in writing |
|
|
|
|
District court or magistrate
division |
The presiding magistrate or
judge of that case, or |
|
|
Judge or magistrate designated in
writing by the |
|
|
Administrative District Judge |
|
|
|
|
Idaho State Bar |
Administrative District
Judge of the Fourth Judicial |
|
|
District of the State of Idaho or
a district judge |
|
|
designated in writing by the
Administrative District |
|
|
Judge |
Requesting the court
record: A detailed description of the court
rules regarding access to records may be found in Idaho Court Administrative
Rule 32.
Most requests to see a court record need not be in writing;
simply ask the clerk for a record by its case number, or if you do not know
that, the case name.
If there is some doubt as to whether the record is
available to the public, or if it is not readily available, it's best to put
your request in writing. A sample request form is included in the Appendix to
this Guide.
The custodian has up to three working days to either
disclose the record; notify you that it will take more than three days to
determine if your request should be granted (in this case the custodian has ten
working days to respond); refer the request to the appropriate custodian judge,
or deny the request in writing.
If a custodian denies your request, you have the right to
appeal to the custodian judge. If the custodian judge also denies access, you
can pursue the matter in court under Idaho Code §
9-343.
A proceeding is "criminal"
when the defendant is alleged to have violated a criminal statute. There are
two basic types of crimes: misdemeanors and felonies. An
"infraction," such as most speeding tickets, is not technically a
crime, but a civil public offense punishable only by a fine of up to $100 (plus
court costs) and no imprisonment. General misdemeanors have a maximum fine of
$300 and incarceration of not in the county jail more than six months. A felony
may be punished by imprisonment in a state correctional facility of more than a
year or, in some instances, by death (a "capital crime"). See Idaho Code § 18-111
for basic definitions. See also Chapter VI in "Overview of the Idaho
Court System," for more information. The Idaho Criminal Rules
apply to criminal cases. Most of the steps in the process described below apply
to felony charges.
The police investigation: This
first stage of the criminal proceeding often involves the investigation of a
crime by law enforcement. This may include the issuance of a search warrant by
a Magistrate Judge, and/or interrogation of the defendant by law
enforcement, and may include arrest of the defendant.
Filing the complaint: The
complaint describes the formal charge against the defendant and may be signed
by a prosecutor or police officer. If the defendant has not already been
arrested, the court may order an arrest warrant allowing police to take
custody of the person charged, or a summons requiring the person to appear
before the court.
The first appearance in the magistrate division: This
is the first time the defendant is before a judge regarding the complaint.
Don't confuse first appearance with preliminary hearing or arraignment. The
defendant is advised of his or her rights and the judge explains the legal
procedure that will be followed in the case. If the defendant cannot afford an
attorney, the court will consider whether to appoint one. A defendant charged
with a felony may not enter a plea at this stage of the process, but if this is
a misdemeanor case, the first appearance is combined with the arraignment,
where the defendant must enter a plea. If this is a felony case, at the first
appearance the defendant is entitled to a preliminary hearing unless the defendant
waives this later proceeding, when the prosecutor must show there is probable
cause to believe a crime has been committed and the defendant committed it. At
this stage bond will be addressed if the defendant is incarcerated.
Bail bond: Bond
will be addressed at any time if the defendant is incarcerated.
The preliminary (or "probable cause") hearing: At
this hearing, the magistrate judge determines if there is probable cause to
believe that a felony crime has been committed and that the defendant committed
it. If so, the defendant is "bound over," that is, the case is sent
to district court for arraignment and other future proceedings. If the
prosecutor fails to make an adequate showing at the preliminary hearing, the
Magistrate Judge may dismiss the case or the charge may be reduced to a less
serious offense.
The arraignment in a felony case:
This proceeding is held before a district judge. The defendant is again advised
of his or her rights and the procedures the court will follow, and enters a
plea. At this stage, the court may again consider bond. If the defendant pleads
not guilty or remains silent, the case will be set for trial. If the defendant
pleads guilty, the judge will order a presentence investigation and set a
sentencing date.
The grand jury process: This
is an alternative to the process described above, which is authorized in Idaho Code section
19-1101 and the Idaho Constitution.. The grand jury is a panel of citizens
called together to hear evidence and decide if criminal charges should be
brought by its indictment (rather than the prosecutor's complaint). The grand
jury has broad investigative powers to gather evidence, and can call witnesses
and compel them to testify. Grand jury proceedings are conducted in secret. If
the grand jury returns an indictment, the court issues an arrest warrant or
summons for the person indicted, and that person appears before the District
Court for arraignment and consideration of bail. See Idaho Criminal Rule
6.5 and Chapter XI in "Overview of the
Idaho Court System," for more
information.
Pre-trial motions: During
the post-arraignment, pre-trial period, the judge may consider
and rule on any number of motions, often involving whether certain evidence may
be introduced. The judge may schedule pre-trial hearings to hear attorneys argue
the motions. Additionally, a pre-trial conference with the judge and the
attorneys for both sides will be held to set the ground rules for the trial.
Plea agreements: Most
criminal cases do not go to trial. In criminal actions, the prosecutor and the
defendant's attorney may come to an agreement about what the defendant will
admit to and what the prosecutor will recommend as a sentence. Some plea
agreements are informal agreements between the defendant and prosecutor, which
do not bind the judge. In plea agreements made pursuant to Idaho Criminal Rule
11, the judge will then hold a hearing to determine whether to accept the
agreement. The judge is not bound by the plea agreement, and if the judge
doesn't follow it, the defendant may be allowed to withdraw his plea. See ICR
11, found at http://www.isc.idaho.gov
/rules/crim11.rul,
for more information.
Deciding whether to call a jury or
hold a court trial before a judge: Generally, unless there is a waiver of the
right to a jury trial, a jury will be called. Felony trials are conducted
before a twelve-person jury. A six-person jury hears misdemeanors. See Idaho Criminal Rule 23.
Jury selection: This
stage begins with voir dire (vwor der)--when attorneys for
both sides question potential jury members under oath. An attorney may
challenge a prospective juror for cause (meaning the attorney has found a
demonstrable reason why a person should not serve) or use a "peremptory"
challenge, in which case the attorney need not state why this person should not
be on the jury. Attorneys will have a certain number of peremptory challenges. See Idaho Criminal Rule 24
for more information.
Opening statements: After
the jury has been impaneled, each side has the opportunity to make an opening
statement in which the attorneys talk to the jury about what they will hear in
the case. A defendant's attorney may choose to wait to give an opening
statement until it is the defense's turn to present their case.
Prosecution's case: The
prosecution calls its witnesses and questions them--this is direct
examination--and the defense attorney will cross-examine them. Attorneys
are not supposed to "lead" their own witnesses; that is, they may not
provide answers to the questions they ask. On cross-examination, however, an
attorney is allowed to lead the witness.
Throughout the case, attorneys
will make objections to what the other side attempts to do--the form
of questioning, the introduction of certain evidence, for example. The judge
may overrule or sustain the objection. "overrule" means the objection
is not correct under the law. "Sustain" means the judge agrees that
the objection is correct under the rules of the law.
Defendant's case: The
defense attorney may begin with an opening statement if one has not already
been given. After both sides have questioned the defendant’s witnesses, the
defense rests.
Rebuttal witnesses: At this
time attorneys may call rebuttal witnesses, to explain or contradict testimony
that previously has been heard.
The judge instructs the jury: The
judge explains the law--what the elements of the crime are--so the jury can
apply it to the evidence presented.
Closing arguments: This is
the lawyers' last chance to convince jurors to see the evidence their way.
Jury retires and reaches a verdict: When
the jury reaches a verdict, the judge, attorneys and defendant come back into
the courtroom to hear it read. Afterward, upon the request of either counsel,
the judge may poll the jury; that is, inquire of each juror individually if
this is his or her verdict. Verdicts must be unanimous; if the jury cannot
reach a unanimous verdict (a "hung jury"), the judge may declare a
mistrial, and the prosecutor will determine whether or not to re-file the case.
See
Idaho Criminal
Rule 31. If the defendant is
acquitted, the defendant is released from the custody of the court. If the
defendant is convicted, a new part of the process begins.
Sentencing hearing: The
date for a sentencing hearing is set at the end of the trial--usually from 30
to 60 days after judgment has been rendered by the jury. At the hearing
attorneys for both sides may present evidence, testimony, and oral arguments
regarding what would be an appropriate sentence. Pursuant to Idaho Criminal Rule 11,
the judge need not impose the sentence recommended in any plea agreement. The
following documents and statements may be considered at the hearing:
Pre-sentence investigation report:
This report is based upon the pre-sentence investigator's interviews of the
defendant and other individuals who know the defendant. It includes a social
history of the defendant including education, employment, family situation,
physical and mental health and community ties. The report also describes the
defendant's prior criminal record, the defendants' version of the crime, and
police and other witnesses' versions. The prosecution and defense typically
have access to the presentence investigator’s report, but it is not available
to the media or the public. These reports are absolutely confidential and will
not be released to anyone except those noted in Idaho Criminal Rule 32 and
Idaho Administrative Rule 32. See Idaho Criminal Rule 32,
and Idaho Administrative
Rule 32, for more information.
Psychosexual evaluation: The
judge may order this evaluation of the defendant if the conviction involves
certain sex-related crimes. See Idaho Code
section 18-8316 for more information. The evaluation assists the judge in
arriving at the most appropriate sentence, and must be performed by a
board-certified psychiatrist or a licensed master's or doctoral level mental
health professional approved by the court. These evaluations also are
confidential. See Idaho Criminal Rule 32.
Defendant speaks ("right of allocution"): The
judge must allow the defendant the opportunity to speak on his or her own
behalf. See Idaho Criminal Rule
33, (ICR 33) for more information.
Victim impact statements: Victims
of crime are allowed by the 1994 Victim's Rights Amendment to the Idaho
Constitution (Article I, Section 22),
and by state law to present a victim impact statement at a sentencing
hearing. Victims may provide a written or oral statement to the court regarding
the impact the crime has had upon them, but they are not to recommend
punishment for the crime in a capital case.
Judge pronounces sentence: Most
sentences are pronounced at the end of the sentencing hearing; however, judges
may release their decisions at a later time.
Fine: A
monetary amount based on the relevant statute may be assessed, as well as
restitution and court costs.
Withheld Judgment: No
judgment of conviction is entered. If the defendant successfully completes the
probationary period, complying with the conditions ordered by the judge, the
case may be dismissed.
Suspended Sentence: The judge enters a judgment of conviction and imposes a sentence but does not send the defendant to prison for the imposed term. Instead, all or part of the incarceration term is suspended, usually in conjunction with a term of probation.
Probation: The judge enters a judgment of conviction and imposes a sentence but puts the defendant on probation under specified conditions, which may include some jail time. If the defendant violates probation the defendant may be ordered to serve out the remainder of the probationary period in incarceration as stated in the original sentence.
Retained Jurisdiction ("rider"): In a felony case, the judge may enter a judgment of conviction and impose sentence, but retain jurisdiction over the defendant for up to 180 days. During this retained jurisdiction, the defendant undergoes two weeks of diagnosis in the state prison system, and if determined not to be dangerous to society, will be sent to the North Idaho Correctional Institution at Cottonwood, Idaho, or other facilities in the state. The defendant may undergo rehabilitation programs and psychiatric testing. At the end of the period the judge will determine whether to suspend the rest of the sentence or release jurisdiction (send defendant to prison).
Prison Term: The judge may forego the above options and simply impose a prison term for the defendant. Law must within the statutory minimum and maximum time prescribe the length of the sentence. Idaho's Unified Sentence statute (known generally as the "Truth in Sentencing Act") requires that the judge specify a minimum period of confinement, which is not subject to parole. See Idaho Statutes 19-2513. Whether the defendant will serve "concurrent" or "consecutive" sentences becomes an issue if the defendant already is under sentence, or has been found guilty of multiple offenses. If the defendant is sentenced to two or more concurrent sentences, they will run at the same time; the defendant will not serve more than the longest of those. If ordered to serve consecutive sentences, the terms are cumulative; the defendant will not begin to serve the later one until the earlier one has been completed or paroled. The sentence may be "fixed" for a time certain, or for an "indeterminate" period of not less than nor more than specified times. The defendant may be considered for parole during the indeterminate period. The Idaho Department of Corrections operates several facilities throughout the state.
Death Penalty: First degree murder and first degree kidnapping are "capital offenses"--that is, they carry a possible death penalty in Idaho. The jury decides whether the defendant should receive the death penalty. Following a guilty verdict or guilty plea, the court holds a sentencing hearing at which the state and the defendant can present evidence. The jury can impose the death penalty if it finds that: (1) at least one of the ten aggravating circumstances set out in statute is present; and (2) the mitigating circumstances are not so compelling that they make the death penalty unjust. If the jury finds one or more aggravating circumstances, but decides that the mitigating circumstances make the death penalty unjust, the defendant gets a life sentence without parole. If the jury does not find any aggravating circumstances, the judge imposes a life sentence with a fixed term (during which the defendant is not eligible for parole) of at least ten years.
Post Sentencing/Incarceration
Post conviction process in the district court: Following sentencing, the defendant may file a motion for a new trial under Idaho Criminal Rule 34, or to reduce the sentence under ICR 35. A motion for a new trial based on newly discovered evidence may be made within two years after the final judgment; a motion based on any other reason generally must be made within 14 days after the imposition of sentence. A motion for a reduced sentence must be filed within 120 days of the entry of the judgment imposing sentence. A motion to correct an illegal sentence may be made at any time.
Appeals: Decisions in District Court are appealed to the Supreme Court, and except in capital cases, the Supreme Court may assign that case to the Court of Appeals. The Supreme Court may hear Appeals of the Court of Appeals decisions, or may decline to grant review. Most often decisions of the Court of Appeals are final. See "The Appellate Process," for more information.
Parole: When sentencing a defendant to prison, the judge must indicate what the minimum and maximum term of confinement will be; the defendant generally is not eligible for parole (a conditional release from prison) until the minimum term has been served. (See discussion of "The Truth in Sentencing Act," and "Prison Term".) A prisoner eligible for parole may petition the State Commission of Pardons and Parole, which meets at least four times a year to consider inmates' applications. The Commission must publish notice of its meetings, and include the names of all persons applying for pardon or parole.
Parole/Probation Violations Procedure: A parolee or probationer may be immediately arrested and detained in the county jail if there is cause to believe that the parolee/probationer has violated the conditions of parole. See Idaho Statute 20-227. For parolees, a parole revocation hearing must be held before one or more members of the Commission, or its hearing officer, to determine whether to revoke parole. See Idaho Statute 20-229. If the Commission member(s) or hearing officer determines that parole has been violated, the entire Commission executes an order of parole revocation. See Idaho Statute 20-229B. Probationers alleged to have violated a condition of probation will be subject to a probation violation hearing in the district court, at which time the court may impose any sentence which originally might have been imposed at the time of conviction. See Idaho Statute 20-222.
Sexual Offender Registration Requirement: Convicted sex offenders, including juveniles, allowed to return to the community must register with the county sheriff's office where they live. This registration applies to sex offenders who have been incarcerated or received a suspended sentence and probation or even a withheld judgment. Failure to register is a felony for an adult offender, with penalties of up to five years in prison and a fine of $5,000. A juvenile offender is subject to a misdemeanor for failing to register; additionally, the juvenile's parent or guardian is subject to a misdemeanor offense for failure to supervise a child, which carries a fine of up to $1,000. See Idaho Code sections 18-8302 et seq. 18-8407, and Idaho Code section 18-8409, et seq. for more information about this process and about accessing sexual offender registration information.
A civil proceeding involves disputes
between private parties, or between a private party and a public agency, and
could be a dispute over a contract, a lease, a divorce, or because one of the
parties is alleged to have wrongfully injured the other (this type of lawsuit
is called a "tort"). Usually a person filing a civil suit wants money
damages, but he may ask the court to order the other party to do something or
stop doing something or stop doing something; this is known as "injunctive
relief." See Chapter V in "Overview of the Idaho
Court System" for more information. The Idaho Rules of Civil
Procedure, apply to these cases. The process in a civil suit follows this
order:
Complaint filed: The
filing of a complaint details the facts of the situation as seen by the
plaintiff, the person desiring the court's assistance. When the complaint and summons
(notifying the defendant of the suit) have been filed with the court, copies of
these documents must be delivered (served on) the other party.
Answer: The
defendant has 20 days after being served to respond in writing to the
complaint--this is called the "answer." The defendant may, at the
same time, file a counterclaim as part of the answer. The
counterclaim describes why the defendant feels entitled to relief (money or an
injunction) from the plaintiff. The plaintiff then has 20 days to file an
answer to the counterclaim. If either side does not file answers or other pleadings
in the time period required, the other party may ask the court for a default
judgment in which the judge decides the case in favor of that party.
Time limits may be extended by an agreement of the parties (a stipulation)
or for other reasons approved by the court.
Pre-trial discovery and motions: In
the period between filing the initial papers and the trial, the parties
probably are negotiating to determine if they can settle their dispute while,
at the same time, conducting discovery (a proceeding in which the
parties request and are given information about the case known by the other
side). Discovery includes submitting written questions for the other side to
answer (interrogatories),
conducting oral questioning of sworn witnesses (depositions), and requesting
the production of documents and other things related to the case. Either side
may also make pre-trial motions regarding what may be presented at trial. In
the pre-trial phase, attorneys often file motions for summary judgment, which if
granted will eliminate the need for a trial. To win on a summary judgment
motion, a party must show that there are no material issues of fact in dispute
and that the case can be decided by the judge as a matter of law.
Pre-trial hearing and trial: If
it appears the case will not settle, the judge will hold a pre-trial hearing to
determine the conduct of the trial. The conduct of a civil trial follows
essentially the same order as a criminal trial, discussed above. When either
the judge or jury renders its decision, the case may be appealed by the losing
party.
Mediation: The
court may appoint, or the parties may agree to, a neutral mediator who assists
them in reaching a mutually acceptable agreement. All civil cases are eligible
for referral to mediation. See I.R.C.P. 16(k).
Out of court settlement: If
the parties come to an agreement about settling the case, they may present
their agreement to the judge, who, as part of the settlement, may order the
record of the case sealed.
Juvenile proceedings exist for persons under the age of 18
who violate any federal, state, or local law, with the exception of certain
alcohol, tobacco, most traffic and watercraft violations. The Idaho Juvenile
Corrections Act, Idaho Code section 20-501, governs a
juvenile case. See also Idaho Juvenile Rules,
adopted by the Supreme Court. A
juvenile may also be tried as an adult in certain very serious crimes, as
described below. The magistrate judge handles juvenile cases. The process is
generally as follows:
1. Whatever method the
judge ultimately chooses for dealing with the media, the most important thing
to remember is to be comfortable with that method.
2. Establish an
effective communication method between the court and the media about the basic
procedural and legal aspects of the proceedings.
3. No matter who is
assigned to deal with any particular problem, the judge will ultimately be held
responsible for what happens, particularly when things go wrong. The trial judge must, therefore, think
through each decision or problem before acting.
4. The judge must also
be aware that he or she will be the direct focus of much of the media’s
attention.
5. The judge, court
administrative staff, and media liaison should plan for all foreseeable
contingencies in dealing with the media and the public. Well in advance of the trial, the judge
should meet with key staff (the court administrator, jury administrator,
sheriff, police), counsel for the parties, and news media representatives to
resolve as many media concerns as possible.
6. The trial judge and
court administrative staff should treat all members of the media equally and
fairly and ensure each media representative the same degree of access as every
other media representative.
7. The judge should be
careful to avoid the charge of favoritism by not appearing excessively friendly
with individual members of the media.
8. Before the trial
beings, the judge should establish in
writing explicit, clear, and fair ground rules for the media regarding trial
procedures and access to proceedings and trial participants.
9. The court should
make reasonable efforts to accommodate the media’s needs and provide them with
the essential information they require to do their job. The judge should ensure that members of the
media obtain timely responses to their questions. Information concerning the court’s schedule, timing of decisions,
and other procedural matters should be provided daily.
10. There should be a
single, reliable source of information for all of the media.
11. Anyone who
communicates with the media on behalf of the judge should have the judge’s full
confidence and support. This person
should not continually have to seek authority before speaking or acting. This persons should be fully informed about
all matters communicated to the media.
12. To the extent
reasonably possible, the judge should avoid making rulings from the bench that
can be misconstrued or taken out of context in media reports.
13. The trial judge
should be careful not to say or do anything that would generate additional
publicity or cause him or her to become the focus of personal attention. Choice of words and demeanor are very
important.
14. The judge should
avoid the appearance of unnecessarily withholding information or excluding the
media from proceedings by keeping them informed and providing the reasons for
the court’s actions. All hearings,
including pretrial hearings, should be conducted in court, rather than by
telephone. Frequent side-bar and in camera
discussions should be avoided, if at all possible.
15. The court should
provide a separate media room (off-site, if possible) in which telephone lines
and video feeds can be set up for the media.
The costs of leasing any facilities, or making any technological
arrangements or modifications for the media, should be borne by the media
representatives making the request.
16. The trial judge
should be aware of increased pressures on the courtroom staff caused by the
intense public interest and media focus on the proceedings. If possible, court and trial staff should be
trained in dealing with the media and the public for notorious cases.
* taken from “Managing Notorious Trials” by
Timothy R. Murphy, Paula L. Hannaford, Genevra Kay Loveland, and G. Thomas
Munsterman / National Center for State Courts
The Child Protective Act: Under
Idaho law (See
Idaho Statute
16-1619), most people are required to report suspected child
abuse, neglect or abandonment to the Department of Health and Welfare. When the
Department receives information that a child is being or has been abused,
neglected or abandoned, it is required to investigate the report. A child may
be removed from the home without a court order only by a police officer that
determines that the child is in immediate danger if allowed to stay there.
A shelter care hearing must be
scheduled within 48 hours of the child's removal, or 24 hours of the alleged
offender's removal. At the hearing, the court will determine whether the child
should remain in (the care of the state) or be allowed to return home, or if
the alleged offender may return home. If the court allows the state to retain
custody of the child or refuses to allow the alleged offender to return home,
the judge will order a full adjudication hearing to determine if the child
needs protection.
The court may appoint a guardian ad
litem for the child, that is, a trained volunteer who will act as a special
advocate for the child during the proceedings. At the adjudication hearing, the
judge will determine a more permanent plan for the child, which may include
remaining in foster care, returning to the home under certain conditions, or
returning home with no restrictions.
In certain cases, the Department may
ask the court to legally terminate the parent-child relationship. Termination
is a separate action that frees the child for adoption if approved by the
court.
All CPA proceedings are confidential
and exempt from disclosure by Idaho Court Administrative Rule 32(d)(7). The
judge may allow a friend, counselor, or supporter of the child to remain in
court during the proceeding, particularly when the child testifies.
The Criminal Justice System: Idaho's
laws concerning child abuse generally are found in Title 18 of the Idaho
Code, along with other crimes. The county prosecutor may become involved in
a case after receiving a report from the Department of Health and Welfare or
local law enforcement. If the prosecutor decides to prosecute the alleged
offender, the proceeding follows essentially the same course as outlined above
for criminal proceedings. The issue of taking child testimony, however, makes
these cases somewhat different from adult-on-adult crime prosecutions. Idaho
law allows a child to testify via closed-circuit television or the child may
have a friend with him or her when giving testimony. See Idaho Code
section 19-3024A.
The judge may also, as a matter of
discretion, order the courtroom closed to the public during a child's
testimony.
The "Domestic Violence Crime
Prevention Act," beginning at Idaho Code, section 39-6301,
provides a way for victims of domestic violence to obtain a protection order
from the court to exclude the perpetrator from the house, require the
perpetrator to get counseling, or restrain the perpetrator from places where
the victim may be. A petition for a protection order is filed with the local
District Court. A temporary (14-day) protection order may be obtained almost at
once with an ex-parte hearing (the alleged perpetrator need not be at this
hearing) if the judge is convinced that "irreparable injury" could
otherwise occur. A full hearing including both parties must be held within the
fourteen days to determine if it there is cause for the court to issue a 90-day
protection order. This order is subject to one-year renewals. See the Idaho Council on Domestic
Violence and Victim Assistance site.
If the person being restrained by the protection order violates it, he
or she is subject to a fine of not to exceed $5,000 and up to one year in jail.
Idaho law requires that the death
penalty cannot be imposed unless the Court finds at least one aggravating
circumstance attending the crime. These are described in Idaho Code
section 19-2515, and include a
previous conviction for murder, multiple murders at the same time, knowingly
creating a great risk of death to many persons in the commission of the murder,
murder for hire, and an "especially heinous, atrocious or cruel"
murder. The Court must hold a hearing during which attorneys for the state and
defendant present evidence regarding aggravating and mitigating circumstances.
When a judge sentences a defendant to
death, a number of requirements automatically come into play. The sentencing
court must provide a written report on its action and file it with the state
Supreme Court. The sentence is stayed pending appeals and reviews, and the
District Court must immediately appoint an attorney other than the lawyer who
represented the defendant before the death penalty was imposed, for the purpose
of seeking post-conviction relief from the court.
Under Idaho law (I.C. section
19-2827), the state Supreme Court automatically reviews the imposition of
the death penalty in a District Court case. The court must consider whether the
sentence was lawfully imposed (for example, whether the evidence supports the
judge's finding that an aggravating circumstance warranting the death penalty
was present in the commission of the crime). Attorneys for the defendant and
the state may submit briefs on the issue and present oral arguments before the
court. The court may affirm the sentence or set it aside and remand the case
for re-sentencing by the trial judge. Additional appeals to the Idaho and
United States Supreme Courts may be made, and as a last resort, the governor of
the state may be petitioned to delay or halt the death penalty process.
The death penalty in Idaho is by law
administered by lethal injection. See Idaho Code
section 19-2716.
In Idaho all appellate cases come to the Idaho Supreme Court,
which at its discretion assigns a number of these to the Idaho Court of
Appeals. The Supreme Court must hear appeals from the Idaho Public Utilities
Commission, the Industrial Commission, and all death penalty case appeals. The
Idaho Supreme Court hears disciplinary actions involving attorneys, and writs
when filed directly with the Supreme Court. A writ is a legal order to do or
not do something, i.e., a writ of mandamus, prohibition, or habeas corpus.
The appellate process is governed by the Idaho Appellate Rules
(IAR). The parties in an appellate
case are designated as the appellant and the respondent.
In most cases an attorney must file a notice of appeal within
42 days of the official filing of the disputed judgment, order or decree, or in
criminal cases, 42 days from entry of the judgment, which may be enlarged if
the court retains jurisdiction or places the defendant on probation. In death
penalty cases, the time for filing a notice of appeal does not begin until the
death warrant is signed and filed by the district court. See I.A.R. 14 for more
information.
The District Court provides the appellate court with a record of
the proceeding below, as designated by the parties, who then submit
written briefs detailing their arguments. Most appeals are heard in
Boise, but both appellate courts travel to other cities throughout the state. A
schedule and summary of the cases to be heard by both the Supreme Court and
Idaho Court of Appeals can be found at http://www2.state.id.us/judicial/. In oral argument, each party is allowed 30
minutes for its presentation. The Justices may ask questions of the speaker at
any time during oral argument. After hearing arguments, the appellate court
will issue
its written opinion, usually within a few months. Most appellate
decisions are published in Idaho Reports, the official record of
Idaho appellate cases, and also can be found at http://www2.state.id.us/judicial/.
Depending on the nature of the case, the decision may be appealed to the U.S.
Supreme Court.
The
Supreme Court: Five
justices serve on the Supreme Court.
They are elected at large, on a nonpartisan ballot, for a term of six
years with their terms being staggered so continuity on the Court will be
maintained. A candidate for justice
must be a qualified elector and a duly qualified attorney-at-law. [Reference: Idaho
Constitution, Article V, Section 6; Idaho Constitution,
Article V, Section 7; Idaho Revised
Code § 34-905; Idaho Code §
34-615(2).]
The
Supreme Court is the state’s court of last resort. The Court hears appeals from final decisions of the district
courts, as well as from orders of the Public Utilities Commission and the
Industrial Accident Commission. It has
original jurisdiction to hear claims against the state, and to issue writs of
review, mandamus, prohibition and habeas corpus, and all writs necessary for
complete exercise of its appellate jurisdiction. The Court may also review decisions of the Court of Appeals, upon
petition of the parties or upon its own motion. [Reference: Idaho Constitution,
Article V, Section 9; Idaho
Code § 1-2409.]
When
there is a vacancy during the term of office, the Idaho Judicial Council
advertises to all attorneys licensed to practice law in the state of Idaho the
existence of the vacancy and solicits applications for the position. After the
applications are received, a survey is circulated to all members of the Bar,
soliciting their opinions about the applicants. Notice is also given to the general public, inviting them to
comment on the applicants as well. The
results of the survey are compiled and are used by members of the Judicial
Council when they interview the candidates.
The Judicial Council considers the integrity and moral courage of the
candidates, legal ability and experience, wisdom, intelligence, capacity to be
fair-minded and deliberate, industriousness and promptness in performing
duties, compatibility of personal habits and outside activities with judicial
offices, capacity to be courteous and considerate on the bench, and legal
research and writing abilities. At the
conclusion of the interview process, the Judicial Council submits to the
Governor the names of not less than two nor more than four qualified
persons. The Governor then appoints the
Justice to fill the remainder of the elected term. Thereafter, the Justices stand for popular election on a
non-partisan ballot. [Reference: Idaho Code § 1-2102.]
A
qualified lawyer may challenge a sitting Justice at election time. Elections for Justices are held during the
May primary election. The Canons of
Judicial Ethics guide judges and candidates during elections. Canon 5 of the Idaho Code of Judicial Conduct
requires that a judge or judicial candidate refrain from inappropriate
political activity, and maintain the dignity appropriate to judicial office,
and act in a manner consistent with the integrity and independence of the
judiciary. The Canon also requires
candidates for judicial office to encourage members of the candidate’s family
to adhere to the same standards of political conduct in support of the
candidate as applied to the candidate.
All judges and candidates for judicial office shall not make pledges or
promises of conduct in office other than the faithful and impartial performance
of the duties of the office. They
cannot make statements that commit or appear to commit the candidate with
respect to cases, controversies, or issues that are likely to come before the
Court, nor can they knowingly misrepresent the identity, qualifications,
present position other facts concerning the candidate or an appointment. As a
corollary, a candidate should emphasis in any public statements the duty to
uphold the law, regardless of his or her personal views. See the Idaho Code of Judicial Conduct
for more information regarding the Code of Conduct and its application to
candidates seeking appointment to judicial office. [Reference: Idaho Code §
34-615.]
The
Court of Appeals has three judges.
They too are elected at large, on a non-partisan ballot, for a term of
six years, staggered to provide continuity.
The description of the election and selection process for Supreme Court
Justices also applies to the three judges of the Court of Appeals. [Reference: Idaho Code of Civil Procedure, § 1-2404.]
The
Court of Appeals has jurisdiction to hear all cases assigned to it by the
Supreme Court. However, the Supreme
Court may not assign cases involving claims against any state, extraordinary
writs, appeals from the imposition of capital punishment, nor appeals from the
Industrial Commission or Public Utilities Commission. While an appellant may petition the Supreme Court to rehear a
Court of Appeals decision, the Supreme Court is not required to grant such a
petition.
District
Judges: Idaho has 39 district court
judges, who sit in the 44 counties.
They are Idaho attorneys, elected by nonpartisan ballot within the
judicial district in which they serve.
A district court judge is elected for a four-year term by the electorate
of the Judicial District which the judge serves. District Judges stand for
election within their judicial districts.
A qualified lawyer may challenge a District Judge during the May primary
election, on a non-partisan, contested ballot.
If a vacancy occurs, the same selection procedures described above
apply.
District
Judges have jurisdiction over civil and criminal cases. They decide cases involving the most serious
criminal cases (felonies), and typically hear civil cases where the amount of
money in dispute exceeds $10,000. Civil
damage actions usually involve personal injury such as automobile negligence
cases and contractual disputes between parties. District Judges also hear post-conviction relief actions in which
a defendant is challenging his or her conviction or incarceration. District Judges also hear appeals from
decisions made by magistrate judges.
Magistrate
Judges: Idaho has 82 magistrate
judges, with at least one judge resident within each county. [Reference: Idaho Code §
1-2201.] A District
Magistrates Commission exists in each judicial district, comprised of county
commissioners, Mayor, citizens, lawyers, a Magistrate Judge in a non-voting
capacity, and chaired by the Administrative District Judge. To fill a vacancy,
the District Magistrates Commission interviews eligible applicants and makes an
appointment to an initial 18-month term of office. A qualifications
questionnaire is mailed to all attorneys, with evaluations compiled for use by
the District Magistrates Commission. Just prior to the conclusion of the first
18-months, the Magistrates Commission evaluates the performance of the new
Magistrate Judge and may determine that the Judge has successfully completed
their probationary period, or they may extend the probationary period, and/or
can remove the Magistrate Judge from office.
Magistrate Judges stand for a retention election every four years on a
non-partisan judicial ballot, where the registered voters are asked whether
they wish to retain the Magistrate Judge in office, or not.
Magistrate Judges hear less serious criminal matters known as misdemeanors, and can handle civil cases where the amount of money involved does not exceed $10,000. Magistrate Judges also hold preliminary hearings to determine whether to bind over and send a defendant to district court for trial on a felony charge. Magistrate Judges may also issue warrants of arrest and search warrants. Magistrate Judges hear habeas corpus proceedings, probate cases (wills and estates), Juvenile Correction Act cases, and domestic relation cases (such as divorce, child support, and child custody). Magistrate Judges also hear small claims cases where less than $4,000 is in controversy. These cases are heard informally without attorneys being present, or without the involvement of juries.
At the conclusion of all jury
trials, judges instruct jurors on a number of matters. Among other things, these instructions guide
jurors as to whether or not they choose to respond to any media inquiries. The instructions follow:
“You have
now completed your duties as jurors in this case, and are discharged with the
sincere thanks of this court. The
question may arise as to whether you may discuss this case with the attorneys
or with anyone else. For your guidance,
the court instructs you that whether you talk to the attorneys, or to anyone
else is entirely your own decision. It
is proper for you to discuss this case if you wish to, but you are not required
to do so and you may choose not to discuss the case with anyone at all. If you choose to talk to someone about this
case, you may tell them as much or as little as you like about your
deliberations or the facts that influenced your decisions. If anyone persists in discussing the case
over your objections or becomes critical of your service, either before or
after discussion has begun, you may report it to me.”
·
What to do if you are denied access to court proceedings
The U.S. Supreme Court has held that a judge considering
closing a judicial proceeding must follow certain procedures to ensure that
closing the proceeding will not
infringe upon First Amendment rights.
See Press-Enterprise v. Superior Ct., 464 U.S. 501 (1984).
The judge must hold a hearing on the need for closure,
and allow the media and others to argue against closure. A presumption of disclosure under the First
Amendment right of access requires courts to grant access unless confidentiality
is “necessitated by a compelling governmental interest, and is narrowly
tailored to serve that interest.” Thus,
if a compelling interest is at stake (e.g., criminal defendant’s fair trial
right) the judge must consider alternatives to court closure (e.g., change of venue, sequestering the
jury, postponing the trial until the effects of publicity have
diminished). A judge who determines
that no alternative will work must also determine that closure will protect the party’s interest and must
tailor the closure order to protect that interest without unduly restricting
public access. Finally, the judge must
present written findings supporting the closure decision in order to allow
appellate review.
If
a judge orders you to leave a hearing that has so far been public:
1. If
you know your news organization is prepared to send a lawyer to argue against
closure,
politely ask the judge if you may speak for a moment.
2. If
allowed, tell the judge that your news organization objects to the closure and
would
like an opportunity to argue
against it. Ask for a brief recess so
that your lawyer may
come
to court to argue your case and ask that your objection be made part of the
court
record.
3. If
not allowed to address the court, do not refuse to leave or shout your
objection.
Leave
the courtroom, write a brief note to the judge explaining that your news
organization
wants to oppose the closure and that you will contact your editor/lawyer
immediately. Ask a court officer to give the note to the
judge and get in touch with
your
superiors immediately.
If you learn that a closed court proceeding is in progress or has
already taken place, try to determine:
1. Who
sought closure and on what grounds
2. The
nature of the proceeding (i.e., criminal, civil, pre-trial, trial, etc.)
3. Whether
a hearing was held on the closure order and, if so, what findings the judge
made
justifying the closed proceeding
4. Whether
the proceeding is still going on
5. Consult
your editor about challenging the order; challenge may be as simple as
requesting
a meeting with the judge to point out the procedural requirements mandated
by Supreme Court. Be sure to ask for access to future
proceedings and transcripts of
past proceedings (note: be prepared to pay for past transcripts). If judge does not agree
to “informally” resolve issue,
you can file a motion to intervene in the matter for
purposes
of formally challenging the closure order (including a possible appeal).
·
Media and the Courts Conflict Resolution Panel
A blue-ribbon Media and the Courts Conflict Resolution
Panel can be called upon by any member of the media or any judge at any time to
offer advice or serve as a resource to resolve significant conflict that might arise among the media and the Idaho
courts. This Panel has been established
by the Media/Courts Committee to help sort out significant conflicts of
courtroom coverage on a case-by-case basis.
The Panel can speak with or mediate on behalf of any lawyer, judge, or
journalist facing a “free press / fair trial issue.” The Conflict Resolution Panel can readily suggest ways that fair
trial concerns can be addressed while preserving public access to the courts.
The following people have agreed to serve on the
blue-ribbon Conflict Resolution Panel:
Allen Derr
200 N. 3rd Street, Suite 8, Boise ID 83701
Phone:
208-342-2674 // Fax:
208-342-2676
Email: derrallen@aol.com
Joan Cartan Hansen
1455
N Orchard, Boise ID 83706
Phone: 208-373-7220 // Fax: 208-373-7245
Email: Joan.Cartan-Hansen@idahoptv.org
Fred
Hoopes
428
Park Avenue, Idaho Falls, ID 83405
Phone: (208) 523-4445 // Fax: (208) 523-4474
Email: fred@hrchh.com
Deb
Kristensen
601
W Bannock St., Boise ID
83701
Phone: 208-388-1200 // Fax: 208-388-1300
Email: dkk@givenspursley.com
Ron
Schilling
P.O.
Box 1251, Meridian ID 83680-1251
Phone: (208) 898-0338 // Fax: (208) 898-9051
Email: adresolutions@cableone.net
To convene the Resource Panel, you may contact any one of
the members, or you may contact:
Patti
Tobias, Administrative Director of the Courts
Phone: 208-334-2246
Email: ptobias@idcourts.net
Betsy
Russell, Idaho Press Club
Phone: 208-336-2854
Email: bzrussell@cableone.net
·
Complaints Against Judges or Attorneys
Complaints against Judges: The Idaho
Judicial Council is responsible for handling any complaints against
judges. For further information, call
(208) 334-5213. The Judicial Council is
comprised of three citizen members, two attorneys, one district judge, and the
Chief Justice of the Supreme Court.
Upon receiving a written complaint,
the Idaho Judicial Council investigates and, upon finding cause, recommends
disciplinary action to the Supreme Court.
A complaint must be in writing, but may be in letter form. The complaint identifies the judge and
specifies the conduct or action believed to be improper. Any names and addresses of witnesses are
also included, as well as any documents or correspondence that substantiates
the allegations. The letter or complaint must be verified and notarized.
Judicial misconduct is any violation
of the Code of Judicial Conduct, which may include but is not limited to the
following:
failure to perform duties
impartially and diligently
failure to dispose promptly of the
business of the court
conflict of interest
or conduct prejudicial to the administration
of justice that brings the office into disrepute
By statute, complaints and the
identity of complainants are confidential.
If the Council conducts a preliminary investigation, the judge will
receive a copy of the complaint. When a
Council recommendation is filed with the Supreme Court, it becomes a public
document which can be reviewed in the Supreme Court Clerk’s
Office. The Supreme Court has
disciplinary authority, and reviews any recommendation from the Council for
censure, suspension, removal of a judge for misconduct, or retirement of a
judge for disability seriously interfering with the performance of judicial
duties The Supreme Court is not
required to follow the Council’s
recommendations.
When a complaint is received by the
Judicial Council, it is reviewed to determine that it is within the Council’s
jurisdiction, and the confidential inquiry or preliminary investigation may be
made to verify allegations. The Council
carefully reviews all allegations. If
an allegation involves legal issues, or for some other reason is not within the
Council’s
jurisdiction, it will be dismissed.
When the Council believes it has sufficient evidence to proceed, it will
require the filing of a formal complaint and hold a fact-finding hearing. At such a hearing, the judge has the right
to defend against the charges and be represented by a lawyer. Witnesses and documents may be
subpoenaed. If no violation is found,
the complainant will be dismissed. If a
violation of the Code of Judicial Conduct is found, or disability which is
seriously interfering with the judge’s
ability to perform judicial duties, the Council may take the following action:
recommend a remedial course of
action, and require the judge’s
acquiescence
require a personal appearance before
the Council
recommend that the Supreme Court
retire, discipline, or remove the judge
For further information regarding
the Judicial Council, go to the Judicial
Council’s
website, where you will find a “Judicial
Complaint Form,” the Idaho Code of Judicial Conduct,
the status of judicial vacancies, the rules of procedure, members of the Idaho
Judicial Council, and the Council’s
current Annual Report.
Complaints against Attorneys: The Idaho State Bar is responsible for
handling any complaint against an attorney.
For further information, call (208)334-4500, or go to http://www2.state.id.us/isb/bc/discipline.htm.
If someone thinks that an attorney
has acted unethically, they may file a complaint against him or her with the
Bar Counsel's Office of the Idaho State Bar. Bar Counsel's office reviews the
complaint to determine whether or not the attorney has violated the Idaho Rules
of Professional Conduct and whether or not discipline should be imposed.
The Idaho State Bar is the
administrative agency of the judicial branch of the State of Idaho. The
membership of the Idaho State Bar consists of all attorneys licensed to
practice law in Idaho. The Bar Counsel is the disciplinary counsel to the Idaho
State Bar. complaint against an
attorney must be submitted in writing, unless prior approval is received in
special circumstances. Attorney
misconduct is any violation of the Idaho State Bar Rules of Professional
Conduct which may include, but is not limited to, the following: improper use
of trust account money, conflict of interest, breach of confidentiality,
neglect, lack of communication, etc.
Ordinarily, a copy of all complaints are forwarded to the attorney,
requesting a response.
When a complaint is received, it is
reviewed by the Bar Counsel to determine if a violation of the Rules of
Professional Conduct has occurred. The
Bar Counsel informs the complainant either that (1) the complaint does not
appear to involve unethical conduct; (2) more information is needed; or
(3) an investigation has been initiated.
Go to ”Program for the Appropriate Response to Criticism of Judges and Courts” for a complete description of the State Bar’s program.
• The Idaho Supreme Court Homepage, at www.isc.idaho.gov links to a variety of sources of information, including an overview of the courts, state and federal appellate opinions and information on appeals pending in state courts.
. • The Idaho Court Rules page, www.isc.idaho.gov/rulestxt.htm provides a search engine for the Idaho Rules of Civil Procedure, Rules of Evidence, Criminal Rules, and Appellate Rules, among others.
. • The Idaho Statutes and Constitution Search Page, www3.state.id.us allows a word-search of
either the Constitution or Idaho statutes or both.
• The On-Line
Catalog of the Idaho State Law Library, www.isll.idaho.gov
allows you to do an author / title / subject / word search of
the holdings of the law library.
. • The Idaho State Bar and Idaho Law Foundation Homepage, http://www2.state.id.us/isb includes information about Idaho law-related events, and links to:
-- The Idaho Attorney Roster, http://www2.state.id.us/isb/mem/attorney_roster.asp, a searchable index of the addresses, e-mail addresses, phone numbers, and fax numbers of all attorneys licensed to practice in Idaho.
■ The Idaho Attorney General's "Other Resources" page, http://www2.state.id.us/ag links to a variety of sources of state and federal laws and regulations.
■ The National Center for State Courts http://www.ncsconline.org
■ The Idaho Press Club http://www.idahopressclub.org
■ The Thomas Homepage, http://thomas.loc.gov allows you to monitor legislation in Congress, access the Congressional Record, the House and Senate Committee web pages, and link to the Library of Congress, among other sites.
■ The Library of Congress' State and Local Government page, http://lcweb.loc.gov/global/state/stategov.html allows you to link to the constitutions and laws of any states, state maps, and a variety of other resources.
■ The Martindale Hubble Lawyer Locator page, http://lawyers.martindale.com/xp/Martindale/home.xml allows you to search for attorneys listed in the Martindale-Hubble directory, a nationwide list.
■ The National Law Journal page, http://www.nlj.com, to view an online edition of this weekly legal publication covering legal news from around the country.
■ http://www.law.com/ links to a variety of legal resources, including a dictionary of legal terms.
Note: The attached forms should be
printable or downloaded, filled out online and e-mailed to the appropriate
court. The following are sample forms only.
PERSON
REQUESTING RECORDS_________________________________________________
ADDRESS______________________________________________________________________
PHONE____________________ FAX ___________________ CELL PHONE______________
RECORD
REQUESTED OF (COURT)_______________________________________________
CASE
NUMBER ________________________________________________________________
CASE
NAME ___________________________________________________________________
SPECIFIC DOCUMENTS
REQUESTED
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_________________________________________ _________________________________
SIGNED DATE
Cameras in the Courtroom
Sample Forms: Request
for Approval/
Judge's Proposed Order
Directions: Fill out the form below, and present both the
signed Request for Approval and proposed Order to the presiding judge's office.
Click here to obtain
the printable form.
|
IN THE DISTRICT COURT OF THE
_______JUDICIAL DISTRICT |
|
_____________________________ |
) ) |
REQUEST TO OBTAIN |
|
PLAINTIFF(S) |
) ) |
AND/OR PHOTOGRAPH |
|
|
) |
|
|
V. |
) |
|
|
|
) |
|
|
_____________________________ |
) |
|
|
DEFENDANT(S) |
) |
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I hereby request approval to broadcast
and/or photograph the following court proceeding:
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Case No.: ____________________ |
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Date: ____________________ |
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Time: ____________________ |
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Location: ____________________ |
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Presiding Judge: ____________________ |
I have read the relevant Idaho rule
permitting cameras in the courtroom, and will comply in all respects with the
Rules and Order of the Court.
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____________________________ |
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____________________________ |
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____________________________ |
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____________ |
ORDER
THE COURT, having considered the above
Request for Approval under the Rule permitting cameras in trial courtrooms,
hereby orders that permission to broadcast and/or photograph the above hearing
is:
[ ] Granted; under the following
restrictions:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
[ ] Denied.
DATED this _______ day of
____________, ______.
___________________________________
District/Magistrate Judge
All reported court decisions may be found in law books
called reporters. The reporters have two main divisions: Federal and State.
Federal reporters include decisions from the U.S. Supreme Court, the Federal
Circuit Courts, the Federal District Courts, and the Bankruptcy Courts.
U.S.
Supreme Court decisions are reported in three different reporters: U.S.
Reports, Supreme Court Reporter, and Lawyers’ Edition (every reported decision
may be found in each of these reporters). The U.S. Circuit Courts’ decisions
are reported in the Federal Reporter. The U.S. District Courts’ decisions are
reported in the Federal Supplement and in the Federal Rules Decisions. U.S.
Bankruptcy decisions are reported in the Bankruptcy Reporter.
State
appellate decisions that are reported can be found in the National Reporter
System. This System divides the United States into seven regions. To see a map
of the National Reporter System, go to
http://www.lawschool.westlaw.com/FederalCourt/NationalReporterPage.asp?site=OA&appflag=39. Decisions from 48 of the 50 states are
reported in these regional reporters while California and New York decisions
are only reported in their own state reporters. Some states, including Idaho,
have their decisions reported in regional and state reporters.
Every
reported decision will have a citation. This citation is used to help one find
the case. The common citation format is as follows: Volume, Reporter and
Series, Page Number illus. 985 P.2d
1137 The volume number is 985, and it
is found on the spine of the book. P refers to the Pacific Reporter and 2d
refers to the 2nd Series – both Pacific Reporter and 2d Series will also be
found on the book’s spine. The page number is 1137.
The federal reporters have the following
abbreviations and reporters:
U.S. U.S.
Reports
S.Ct Supreme
Court Reporter
L.Ed Lawyers’
Edition
F., F.2d Federal
Reporter
F.Supp., F.Supp.2d Federal
Supplement
F.R.D. Federal
Rules Decisions
The National Reporter System has
the following abbreviations and reporters:
Abbreviation Reporter
A., A.2d Atlantic
Reporter
N.E., N.E.2d Northeastern
Reporter
N.W., N.W.2d Northwestern Reporter
P., P.2d, P.3d Pacific Reporter
S.E., S.E.2d Southeastern
Reporter
So., So.2d Southern
Reporter
S.W., S.W.2d Southwestern
Reporter
Glossary of Legal Jargon
a.l.s. (administrative license suspension) under
Idaho Code 18-8002A, a person charged with driving under the influence of
alcohol or a controlled substance (see below) may have his or her driver's
license automatically
suspended in a civil proceeding separate from any criminal prosecution. See
Administrative License Suspension.
d.u.i. (driving under the influence) operating
a motor vehicle while under the influence of alcohol or a controlled substance.
In Idaho, it is unlawful to operate a vehicle with an alcohol concentration of
.08 or above, unless the operator is under 21, when the permissible alcohol
concentration level is exceeded at .02.
l and l (lewd and lascivious conduct)
the most serious form of child sexual abuse, prohibited by I.C. 15-1808, which
provides for a sentence of up to life imprisonment for a convicted offender.
noticed up a
process by which one party in a civil or criminal case provides notice to the
other party of the time and date of a hearing on a matter which the case
involves.
o.s.c. (order to show cause) an
order issued by a court, requiring a party to show cause, at an o.s.c.
hearing, why that party should not be required to do an act or
refrain from doing an act.
prelim (preliminary hearing) shorthand
for preliminary hearing, see definition in glossary of legal terms.
p.c. (probable cause)
sufficient reason based upon known facts to believe a crime has been committed
or that certain property is connected with a crime. See "probable
cause" below.
p.c.r. (post conviction relief)
following a conviction, an application for relief of the judgment and/or
sentence. (See
Idaho Criminal Rule 57 and Idaho Code 19-4901).
p.v. (probation violation) An act
of violating probation which will result in a p.v. hearing. See
"probation violation" below.
rider also known as a "180-day
rider," this mechanism allows a judge to retain jurisdiction
over someone who has been convicted in order to send that individual to a
correctional institution (usually at the Department of Correction facility at
Cottonwod) for evaluation--this process typically lasts 180 days. At the end of
that time, the prisoner is returned to the court where his/her progress is
evaluated to determine whether more severe punishment should commence or the
original sentence entered by court should be changed. See "retained
jurisdiction" below.
Rule 35 a reference to Idaho Criminal Rule 35,
a provision which allows a court to reduce a sentence within 120 days after the
filing of a judgment of conviction or within 120 days after the court releases
retained jurisdiction. Under this rule, the court may also reduce a sentence
upon revocation of probation or upon motion made within fourteen (14) days
after the filing of the order revoking probation. A defendant may file no more
than one motion seeking a reduction of sentence under this Rule.
withheld meaning "withheld
judgment," this is a criminal disposition in which a judge withholds the
judgment of conviction upon conditions deemed appropriate. If the defendant
successfully completes the conditions as outlined by the judge, the judge will
then dismiss the withheld judgment and the case resulting in the defendant
having a clean record.
abstract of record a
complete history in short, abbreviated form of the case as found in the record.
administrative license suspension(ALS)
a law enforcement officer may seize the driver's license of an individual
believed to be driving under the influence. That individual has fourteen days
to petition the court to obtain temporary driving privileges until the formal
drunk driving case is heard.
alford plea a
defendant my affirmatively state that he/she did not commit the offense for
which they were charged but fearing more severe penalties if convicted, enters
a plea of guilty.
alternative dispute resolution(ADR)
a process by which an independent party is asked to review the issues in
dispute between two other parties in hopes of bringing the dispute to a
resolution before the court is required to conduct a formal hearing or trial.
This process may occur prior to the filing of the civil action or may occur
after the case is filed. A judge may choose to refer a case for alternative
dispute resolution.
amicus curiae a
friend of the court; one who interposes and volunteers information upon some
matter of law.
arraignment the
defendant is advised of the against him or her and the rights he or she has.
Bail is set. If the charge is a misdemeanor the defendant enters a plea in the
Magistrate's Division. If the charge is a felony, the defendant appears first
in the Magistrate's Division, but the defendant cannot enter a plea--the
defendant determines whether he or she desires a preliminary hearing. If the
defendant is bound over on a felony to answer the charge in district court, the
defendant enters a plea in the District Court.
arrest of judgment the act
of staying the effect of a judgment already entered.
attachment a
remedy by which a plaintiff is enabled to acquire possession of property or
effects of a defendant for satisfaction of judgment which a plaintiff may
obtain in the future.
bail bond an obligation signed by the accused,
with sureties, to secure his presence in court. If the defendant fails to
appear, the bondsman has a period of time to deliver the defendant to the
court. If this is not done, the bond is forfeited.
bail bond forfeiture the
process in which the court requires the surety to pay over the amount of bails.
Bond.
bail bond exoneration a
process by which the bond money paid to the court to ensure an individual's
appearance in court is returned to that individual, typically when that person
has been found not guilty.
bailiff a court attendant whose duties are to
keep order in the courtroom and to have custody of the jury.
banc-(bangk) bench; the place where a
court permanently or regularly sits. A "sitting in banc" is a meeting
of all the judges of a court, as distinguished from the sitting of a single
judge.
bench warrant process
issued by the court itself, or "from the bench," for the attachment
or arrest of a person.
binding instruction one in
which jury is told if they find certain conditions to be true, they must find
for the plaintiff, or defendant, as the case may be.
burden of proof the
necessity or duty of affirmatively proving a fact or facts in dispute.
caption the caption of a pleading, or other
papers connected with a case in court , is the heading or introductory clause
which shows the names of the parties, name of the court, number of the case,
etc.
certiorari-(ser'shi-o-ra'ri)
an original writ commanding judges or officers of inferior courts to certify or
to return records of proceedings in a cause for judicial review. Proceedings
for a writ of certiorari are not applicable in the Idaho judicial system,
except as the United States Supreme Court may grant certiorari on a case
decided by the Idaho Supreme Court.
change of venue the
removal of a case begun in one county or district to another, typically done
for the convenience of the parties, or when the news coverage of the
circumstances associated with a case make it difficult to find a jury that is
not familiar with the facts associated with the case.
Child Protective Act (commonly
referred to as CPA) the statutory law dealing with the protection of neglected
or abused children.
codicil (kod'i-sil) a supplement to an
addition to a will.
common law the
body of unwritten principles originally based on the usages and customs of the
community which were enforced by the courts. Also called "case law".
concurrent sentence
sentences for more than one crime in which the time of each is to be served at
the same time, rather than successively
consecutive sentence a
sentence, additional to others, imposed at the same time for another offense;
one sentence to begin at the expiration of another.
contempt of court any act
calculated to embarrass, hinder, or obstruct a court in the administration of
justice, or calculated to lessen its authority or dignity. Contempt is of two
kinds: direct and indirect. Direct contempt are those committed in the
immediate presence of the court; indirect contempt is the term chiefly used
with reference to failure or refusal to obey a lawful order outside the
presence of the Court.
corroborating evidence evidence
supplementary to that already given and tending to strengthen or confirm it.
counterclaim a claim
presented by a defendant in against the plaintiff.
de novo (de no'vo) anew, afresh. A
"trial de novo" is the retrial of a case.
declaratory judgment one
which declares the rights of the parties or expresses the opinion of the court
on a question of law, without ordering anything to be done.
default a "default" in an action of
law occurs when a party omits to plead within the time allowed or fails to
appear at the trial.
default judgment the
court may enter judgment against a defendant in his/her absence or in the event
they have failed to complete the filing of court ordered documents within a
specified time.
directed verdict an
instruction by the judge to the jury to return a specific verdict.
discovery a
process whereby one party to an action may be informed as to facts known by
other parties or witnesses. In Idaho the usual modes of discovery are
depositions, interrogatories, requests for production of documents, and
requests for admission.
dismissal without prejudice permits
the plaintiff to sue again on the same cause of action, while dismissal
"with prejudice" bars the right to bring or maintain an action on the
same claim or cause.
domicile that place where a person has his
true and permanent home. A person may have several residences, but only one
domicile.
eminent domain the
power to take private property for public use by condemnation
en banc on the bench; all judges of the court
sitting together to hear a cause.
enjoin to require a person, by writ of
injunction from a court to perform, or to abstain or stop some act.
equitable action an
action which may be brought for the purpose of restraining the threatened
infliction of wrongs or injuries, and the prevention of threatened illegal
action. (Remedies not available at common law).
escheat (es-cheet) an American law, the
preferable right of the state to an estate to which no one is able to make a
valid claim.
estoppel (es-top'el) a person's own act, or
acceptance of facts, which preclude that person from later making claims to the
contrary.
et al. an abbreviation for et alli, meaning
"and others."
et seq. an abbreviation of et sequentes, or et
sequentia, meaning "and the following"
ex parte (ex par'te) by or for one party; done
for, in behalf of, or on the application of, one party only.
ex post facto (ex post
fak'to) after the fact; an act or fact occurring after some previous act or
fact, but which relates back thereto.
fugitive warrant a judge
in one state may issue a warrant for the arrest of an individual being held in
custody in another state. The fugitive warrant allows law enforcement to travel
to that state and take that person into custody for transport back to the
issuing state.
garnishment a
proceeding whereby property, money or credits of a debtor, in possession of
another (the garnishee), are applied to the debts of the debtor.
guardian ad litem (ad
li'tum) a person appointed by a court to look after the interests of a child or
incompetent whose property or rights are involved in litigation.
habeas corpus
(ha'be-as kor' pus) "you have the body." The name given a variety of
writs whose object is to bring a person before a court or judge. In most common
usage, it is directed to the official or person detaining another, commanding
him to produce the body of the prisoner or person detained so the court may
determine if such person has been denied his liberty without due process of
law.
harmless error in
appellate practice, an error committed by a lower court during a trial, but not
prejudicial to the rights of the party or the outcome of the case and for which
the court will not reverse the judgment.
hearsay evidence not proceeding from the
personal knowledge of the witness. It should be noted that the law on hearsay
is one of the more complicated areas of the law of evidence with many
qualifications and exceptions.
holographic will-a
testamentary instrument, will, in the handwriting of the testator. Idaho allows
holographic wills; not all states do. The technical requirements for a valid
holograph vary from state to state.
hung jury in a
criminal trial, a hopelessly deadlocked jury in which neither side is able to
prevail.
impeachment of witness an
attack on the credibility of a witness by the testimony of other witnesses on
evidence.
in camera (in
kam'e-ra) in chambers; in private.
indeterminate sentence an
indefinite sentence of "not to exceed" so many years, the exact term
to be served being afterwards determined by parole authorities within the
maximum limits set by the court or by statute.
indictment an
accusation in writing found and presented by a grand jury, charging that a
person has done some act or been guilty of some omission which, by law, is a
crime.
information an accusation
for a felony criminal offense which is presented by a prosecuting attorney
instead of a grand jury.
infraction minor
offenses of the law that are not criminal in nature but rather is a civil
public offense punishable by a fine only. Examples of infractions include:
speeding, failure to fasten a safety belt .
injunction a
mandatory or prohibitive writ issued by a court.
instruction a
direction given by the judge to the jury concerning the law of the case.
interlocutory provisional;
temporary; not final; refers to orders and decrees of a court.
interrogatories written
questions propounded by one party and served on an adversary, who must provide
written answers under oath.
in testate one who
dies without leaving will.
ISTARS an acronym for Idaho Statewide Trial
Court Automated Record System. ISTARS is a computer system used by Idaho's
trial courts to assist in the processing of all cases filed at the trial court
level.
jurisdiction the
power of a court to hear and determine a given class of cases; the power to act
over a particular defendant. Referred to as subject matter jurisdiction or
personal jurisdiction.
jury, grand a jury
of inquiry whose duty is to receive complaints and accusations in criminal
cases, hear the evidence and return indictment when they are satisfied that
there is a probable cause that a crime was committed and the defendant
committed it.
jury, petit the
ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal
case. So called to distinguish it from the grand jury.
Juvenile Corrections Act
(commonly referred to as the JCA)-the statutory law dealing with children
charged with violations of the law other than traffic offenses.
libel a method of defamation expressed by
print, writing, pictures, or signs. In its most general sense, any publication
that is injurious to the reputation of another.
mandamus the name of a writ which issues from
a court commanding the performance of a particular act.
manslaughter the
unlawful killing of another without malice; may be either voluntary, upon a
sudden impulse, or involuntary in the commission of some unlawful act.
misdemeanor
offenses less than felonies; generally those punishable by fine or imprisonment
otherwise than in the state prison.
mistrial an erroneous or invalid trial, a trial
which cannot stand in law because of lack of jurisdiction, wrong drawing of
jurors, deadlocked jury or failure of some other fundamental requisite
moot unsettled; undecided. A moot point is
one not settled by judicial decisions.
next friend one acting
for the benefit of an infant or other person without being regularly appointed
as guardian.
no bill this phrase, endorsed by a grand jury
on the indictment, is equivalent to "not found" or "not a true
bill." It means that in the opinion of the jury, evidence was insufficient
to warrant the return of formal charge.
of counsel a phrase
commonly applied to counsel employed to assist in the preparation or management
of the case, or its presentation on appeal, but who is not the principal of
attorney of record.
order to show cause hearing a
hearing in which a person is ordered to court to show cause why they did not
comply with the order of the court.
peremptory challenge the
challenge which the parties may use to reject a certain number of perspective
jurors without assigning any reason.
petition in the context of juvenile case
processing, the petition is the formal document filed with the court outlining
the charges against the juvenile.
pleading the process by which the parties in a
suit or action alternately present written statements of their contentions, to
narrow the field of controversy.
post conviction relief a court
hearing in which a defendant convicted of a crime petitions the court to modify
or reduce the sentence imposed by court.
power of attorney an
instrument authorizing another to act as one's agent or attorney.
prejudicial error
synonymous with "reversible error"; an error which warrants the
appellate court to reverse the judgment before it.
preliminary hearing a
hearing held in the Magistrate's Division on a felony charge to determine if
the defendant should be bound over to the District Court to stand trial. If the
magistrate determines that there is probable cause to believe that an offense
has been committed and that the defendant committed the offense, the case is
then presented to the District Court.
pretrial hearing a court
hearing that occurs before trial in which the judge sits down with the parties
to the matter to review elements associated with the case. A hearing that
attempts to ensure that all proceedings and documents have been completed and
efforts to resolve the matter have been exhausted.
preponderance of evidence greater
weight of evidence, or evidence which is more credible and convincing to the
mind, not the greater number of witnesses.
probable cause
sufficient reason to believe a crime has been committed or that certain
property is connected with a crime. Probable cause must exist for a law
enforcement officer to make an arrest without a warrant, conduct a search
without a warrant, or seize property in the belief that the item were evidence
of a crime.
probable cause hearing a
hearing to determine if there is sufficient evidence to warrant the filing of a
charge or to bind a defendant over for trial.
probate the act or process of proving a will,
or in general the legal process of settlement of a decedent’s estate through
the court process.
probation a sentence whereby a defendant is
permitted to avoid serving the full sentence under specified conditions.
probation violation a
person who has been found guilty or has admitted to committing a crime is often
placed on probation by a judge. Typically there are conditions attached to
probation that if they are not fulfilled, will result in violation of
conditions of probation and may result in a probation being revoked.
pro se representing himself or herself
proximate cause a cause
which, in natural or probable sequence, produced the damage complained of. It
need not be the only cause. It is sufficient if it concurs with some other
cause acting at the same time, which in combination with it, causes damage.
punitive damages are
damages in excess of those required to compensate the plaintiff for the wrong
done which are imposed to punish the defendant because of the particularly
wanton or willful character or his or her wrongdoing.
quash to vacate; to annul or void
reasonable doubt an
accused person is entitled to acquittal if, in the minds of the jury, his guilt
has not been proved beyond a "reasonable doubt"; that state of the
minds of jurors in which they cannot say they feel an abiding conviction as to
the truth of the charge.
remanded ordered back to custody, or sent
back; e.g., a defendant being remanded to the custody of the sheriff or on
appeal being remanded to the lower court.
reply when a case is tried or argued in
court, the argument of the plaintiff in answer to that of the defendant.
retained jurisdiction a judge,
after sentencing an individual to a correctional institution may retain
jurisdiction over that individual, which typically lasts 180 days. At the end
of that time, the prisoner is returned to the court where his/her progress is
evaluated to determine whether more severe punishment should commence or the
original sentence entered by court should be changed
sequestration holding
a jury separate and apart from outside contact.
small claims known
as the "peoples' court," the small claims court handles disputes
between people that involve monetary amounts of less than $4,000. No jury
trials are available in small claims nor are attorneys allowed to represent
parties in small claims court.
specific performance a
mandatory order in equity. Where damages would be inadequate compensation for
the breach of a contract, the contractor will be compelled to perform
specifically what he has agreed to do.
stare decisis (sta're
de-si'sis)-the doctrine that when a court has once laid down a principle of law
as applicable to a certain set of facts, it will adhere to that same principle
and apply it to future cases where the facts are substantially the same.
statute of limitations the
statutory provisions limiting the amount of time within which a claim must be
filed.
stay a stopping or arresting of a judicial
proceeding by order of the court.
stipulation an
agreement by the opposing parties or attorney pertaining to the proceedings
that is binding on the parties to the stipulation.
subpoena a notice or process served upon a
witness to compel the witness to appear and give testimony before a court or
agency authorized to issue subpoenas.
subpoena duces tecum a
notice or process by which the court commands a witness to produce certain
documents or records.
summons a court document used to require a
person’s appearance in Court.
tort an injury or wrong committed, either
with or without force, to the person or property of another.
tort Claims Act
statutory provisions setting forth the conditions for bringing actions against
the state, and other governmental entities and their employees.
trial de novo (de
no'vo) a new trial or retrial held in a higher court in which the whole case is
heard as if no trial had been held in a lower court.
under advisement if
during the course of a hearing, a question is posed that requires the judge to
give more thought or further research before making a decision. The judge takes
the matter under advisement to review the matter and to render a decision.
unlawful detainer a
detention of real estate without the consent of the owner or other person
entitled to its possession.
venire-(ve-ni're) technically, a writ summoning
persons to court to act as jurors; popularly used as meaning the body of names
thus summoned.
venue-(ven'u) the particular county, city
or geographical area in which a court with jurisdiction may hear and determine
a case.
voir dire (vwor der) to speak the truth. The
process by which potential jurors are questioned to determine if they may serve
on a jury.
waiver of speedy trial state
law requires that a defendant be tried within a specified period of time. A
defendant may waive that right to allow the proceeding to continue beyond the
speedy trial deadline.
with prejudice the
dismissal of an action that prevents further proceedings on the same claim.
withheld judgment a
criminal disposition in which a judge grants probation and other conditions
deemed appropriate. If the defendant successfully completes the conditions as
outlined by the judge, the judge will then dismiss the withheld judgment and
the case resulting in the defendant having a clean record.
without prejudice a
dismissal "without prejudice" allows a new suit to be brought on the
same cause of action.
writ an order issued from a court
requiring the performance of a specified act, or giving authority and
commission to have it done.
Public
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DISTRICT |
COUNTY |
Public
Access Terminal(s) |
Location |
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1 |
BENEWAH |
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Deputy
Clerks Provide Information |
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1 |
BONNER |
2
Terminals |
1
Clerk's Office -- 1 Court Assistance Office |
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1 |
BOUNDARY |
1
Terminal |
Clerk's
Office |
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1 |
KOOTENAI |
2
Terminals |
Court
Records Department |
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1 |
SHOSHONE |
1
Terminal |
Clerk's
Office -- Second Floor |
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2 |
CLEARWATER |
|
Deputy
Clerks Provide Information |
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2 |
IDAHO |
|
Deputy
Clerks Provide Information |
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2 |
LATAH |
1
Terminal |
Court
Assistance Office |
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2 |
LEWIS |
|
Deputy
Clerks Provide Information |
|
2 |
NEZ
PERCE |
1
Terminal |
Clerk's
Office -- Second Floor Main Courthouse |
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3 |
ADAMS |
1
Terminal |
Public
Service Counter -- Clerk's Office |
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3 |
CANYON |
2
Terminals |
1
Civil Clerk's Office -- 1 Criminal Office |
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3 |
GEM |
1
Terminal |
First
Floor -- Clerk's Office |
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3 |
OWYHEE |
|
Deputy
Clerks Provide Information |
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3 |
PAYETTE |
1
Terminal |
Clerk's
Office |
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3 |
WASHINGTON |
1
Terminal |
Clerk's
Office -- main courthouse |
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4 |
ADA |
5
Terminals |
Clerk's
Office -- Jefferson St. Courthouse |
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4 |
BOISE |
1
Terminal |
Clerk's
Office |
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4 |
ELMORE |
1
Terminal |
Waiting
area outside Clerk's Office |
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4 |
VALLEY |
1
Terminal |
Clerk's
Office |
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5 |
BLAINE |
1
Terminal |
Clerk's
Office |
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5 |
CAMAS |
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Deputy
Clerks Provide Information |
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5 |
CASSIA |
1
Terminal |
Court
Assistance Office |
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5 |
GOODING |
1
Terminal |
Magistrate
Clerk's Office |
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5 |
JEROME |
1
Terminal |
Clerk's
Office |
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5 |
LINCOLN |
1
Terminal |
Courtroom
machine available |
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5 |
MINIDOKA |
1
Terminal |
District
Court Clerk's Office |
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5 |
TWIN
FALLS |
1
Terminal |
Public
Service Counter -- Clerk's Office |
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6 |
BANNOCK |
1
Terminal |
Clerk's
Office -- Room 211 |
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6 |
BEAR
LAKE |
1
Terminal |
Magistrate
Clerk's Office |
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6 |
CARIBOU |
1
Terminal |
Clerk's
Counter |
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6 |
FRANKLIN |
1
Terminal |
Clerk's
Counter |
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6 |
ONEIDA |
|
Deputy
Clerks Provide Information |
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6 |
POWER |
1
Terminal |
Court
Clerk's Office |
|
7 |
BINGHAM |
1
Terminal |
Law
Library |
|
7 |
BONNEVILLE |
5
Terminals |
Public
Information Booth |
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7 |
BUTTE |
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