Idaho State Bar & Idaho Law Foundation Announcements
The following announcements have been published within the past six (6) months.
The votes for the Idaho State Bar Board of Commissioners election have been tallied - congratulations to Tim Gresbeck (1st & 2nd Districts) and Trudy Fouser (4th District)!
A member attorney at Gjording Fouser PLLC in Boise since 2000, Trudy has been lead counsel in more than 50 civil trials and is a Fellow of the American College of Trial Lawyers (ACTL). She is a past president of the Idaho Chapter of the Federal Bar Association.
Tim Gresback is a Moscow attorney who concentrates on personal injury cases. Tim teaches Trial Advocacy at the University of Idaho College of Law and has served as president of the Idaho Association of Criminal Defense Lawyers (2001) and the Idaho Trial Lawyers Association (2010). In 2012 Tim was named ITLA Trial Lawyer of the Year.
Welcome New Members!
On May 2 and 3, 2013, the Idaho State Bar welcomed 60 New Members.
The Family Law Section presents an Annual Award of Distinction to a member of the bar, the judiciary, or the public who has provided outstanding service in the realm of family law. Nominations are currently being sought for the 2013 award, which will be presented at a reception to be held at the ISB Annual Meeting in Coeur d’Alene from 6:30 to 8:00 p.m. on Thursday, July 18, 2013.
The Family Law Section is pleased to accept your nomination of a lawyer, judge, or citizen connected with family law who has distinguished themselves during their career in the advancement of family law in Idaho. Section membership is not a requirement, though support of the Family Law Section might well be one of the elements of the nominee’s distinction on behalf of family law. Please review the Family Law Award of Distinction Prior Awardees List to avoid nominating someone who has previously received the award.
If you would like to nominate someone for the award, please send a short letter of nomination to Mahmood Sheikh at the Idaho State Bar, firstname.lastname@example.org. He will forward your nomination to the committee. If you have questions, please contact Committee members Jennifer Brumley (email@example.com), Tom Dial (firstname.lastname@example.org) or Jennifer Schindele (email@example.com).
All nominations must be received on or before Thursday, May 2 at 4:00 p.m. (MDT).
On May 2, the Idaho Law Foundation will participate in the statewide Idaho Gives campaign with a focus on raising funds for our Law Related Education program, and we need you to join us. A 24-hour period of unprecedented charitable giving, Idaho Gives is an opportunity for you to make a big difference and enable the Idaho Law Foundation to do even more to help learners of all ages understand our legal system and foster positive attitudes about the law as a basis for our democratic society.
To learn more about this exciting event, select: Idaho Gives.
We are grateful for the past support of Idaho attorneys. And we know that you won’t want to pass up an opportunity to make your contributions go much further by helping us to attain matching grants and prize monies offered through Idaho Gives. A small donation can potentially be leveraged into more than $1000! Please join the Idaho Law Foundation in supporting our Law Related Education community by donating online on May 2.
February 2013 Bar Exam Successful Applicants
Three years ago, the ISB Diversity Section established a special award to recognize an individual who has made a singularly important and meaningful contribution to the promotion of diversity in the legal profession and in the law, as well as championing access to justice for the disenfranchised in Idaho society. The award may also recognize an outstanding individual who has made a significant, lifelong contribution to achieving the ideal of equal opportunity for all people. Nominees do not have to be practicing attorneys.
The purpose of this award is to highlight the progress and impact an individual has made to bring the opportunities of the law to bear in the areas of discrimination and diversity, including but not limited to race, ethnic background and national origin, religion, gender, disability, sexual orientation and sexual preference, poverty, age and family status. The Section’s intention is to create a broad umbrella of concern for those who have been denied full participation in American society, from housing to education, public accommodation, employment, health care, family status and more.
The nominee should be a member of the Idaho legal community or someone who has had a direct effect on the law. Nominations need not be lengthy. Please send nominations, in letter form, to Dina Flores-Brewer at firstname.lastname@example.org. If you have other comments or questions, you may also contact Section Chair Kinzo Mihara at email@example.com. Nominations must be received no later than 12:00 p.m. (MDT), Tuesday, April 30, 2013. The recipient of the award will be notified in early May. Your consideration is much appreciated.
The award will be presented at a breakfast in conjunction with the Idaho State Bar Annual Meeting to be held in Coeur d’Alene, July 17-19, 2013. If the successful nominee is from outside the Coeur d’Alene area, in addition to being treated to breakfast at the award ceremony, the Section will pay for one night’s lodging in Coeur d’Alene. Tickets for the award breakfast will be available for members of the Bar.Past winners of the “Justice for All” award include Ernesto Sanchez, Executive Director of Idaho Legal Aid Services, Inc.; Leslie Goddard, former director of the Idaho Human Rights Commission; and former Senator Nicole LeFavour.
On March 4, 2013, the Idaho Supreme Court entered an Order amending Idaho Bar Commission Rule 227 providing for the pro hac vice admission of non-Idaho attorneys. The amendment increases the pro hac vice fee paid to the Idaho State Bar from $200 to $325, with the $125 increase to be remitted to the Idaho Law Foundation to support its pro bono legal services program. The effective date of the Amendment is April 1, 2013. If you have questions pertaining to the amendment or pro hac vice admission, please email Maureen Ryan Braley at firstname.lastname@example.org or Belinda Brown at email@example.com.
For more information regarding pro hac vice admission, select: Idaho State Bar Pro Hac Vice
The Idaho State Bar is offering a limited number of scholarships to the 2013 Annual Meeting, July 17-19, in Coeur d’Alene. The scholarships include registration fee and a per diem of up to $50 per day for travel and lodging. The scholarships are designed to provide assistance to those attorneys who, due to financial or professional circumstances, would otherwise be unable to attend. To apply for a scholarship, contact the ISB Commissioner listed below who represents your judicial district, or ISB Deputy Director Mahmood Sheikh at (208) 334-4500. Deadline for a scholarship request is Friday, May 17.
- 1st and 2nd Districts: President Paul W. Daugharty - (208) 664-3799 / firstname.lastname@example.org
- 3rd and 5th Districts: Commissioner William H. Wellman - (208) 467-5009 / email@example.com
- 4th District: Past President Molly O’Leary - (208) 453-6106 / firstname.lastname@example.org OR Commissioner Robert T. Wetherell - (208) 424-8872 / email@example.com
- 6th and 7th Districts: Commissioner Paul Rippel - (208) 523-4445 / firstname.lastname@example.org
Attorneys in the 1st, 2nd and 4th districts will be electing new representatives to the Idaho State Bar Board of Commissioners this Spring. The new commissioners will replace Paul Daugharty, Coeur d’Alene and Molly O’Leary, Boise. Pursuant to Idaho Bar Commission Rule 900, the new commissioner representing the 1st and 2nd districts must reside or maintain an office in the 2nd district. Commissioners of the Idaho State Bar, the elected governing body of the Bar, serve for three years, beginning on the last day of the ISB annual meeting following their elections. The Board of Commissioners is charged with regulating the legal profession in Idaho, which includes the testing, admission, and licensing of attorneys, overseeing disciplinary functions and administering mandatory continuing legal education requirements. Nominations must be in writing and signed by at least five members of the ISB in good standing, and eligible to vote in the districts. The executive director must receive nominations no later than the close of business on April 2, 2013. A nominating petition form may be obtained by calling the office of the executive director at (208) 334-4500 or by selecting the appropriate link below. Ballots will be mailed to all members eligible to vote in the 1st, 2nd and 4th districts on April 22, 2013. All ballots properly cast and returned to the executive director will be counted by a board of canvassers at the close of business on May 7, 2013.
Preparation of the 2013-2014 Idaho State Bar DeskBook is underway. To ensure you are correctly listed in the attorney roster, please take a moment to check your membership records at www.isb.idaho.gov/licensing/attorney_roster.cfm and send us any updates by March 4.
The final deadline for the 2013 licensing is March 1, 2013. All licensing requirements - including payment of applicable fees and filing all required forms - must be completed by the deadline. The names of any attorneys who fail to meet their licensing requirements by March 1, 2013, will be given to the Idaho Supreme Court for cancellation of their licenses. Please contact the Licensing Department if you have any questions.
The 2013 licensing deadline is February 1, 2013. Payments not physically received in the Idaho State Bar Office by the deadline must be accompanied by the licensing late fee: $100 for active and house counsel members; $25 for inactive, senior and emeritus members. Note: postmarks do not qualify as meeting the deadline. The street address for overnight deliveries is 525 W. Jefferson Street, Boise, Idaho 83702.
If you have not sent in your payment, we encourage you to try Online Licensing Renewal. Individual attorneys can complete their forms and pay online by credit card. Firms can make a single payment online by credit card or by check. A convenience fee will be included to cover processing and finance charges. Your licensing password was included on your 2013 license fee notice. Please contact the Licensing Department if you cannot locate your password or if you need a new licensing packet mailed to you.
The United States Government has established the Hispanic and Women Farmers and Ranchers Claims Process to make available up to $1.33 billion or more to farmers who alleged discrimination by the U.S. Department of Agriculture (USDA) based on being female, or based on being Hispanic, in making or servicing farm loans during certain periods between 1981 and 2000. Qualified claimants who submit a timely claim could receive an award of up to $50,000 or up to $250,000 in cash, depending on the evidence submitted. USDA will also provide a total of up to $160 million in debt relief to successful Claimants who currently owe USDA money for eligible farm loans. Successful Claimants may also receive an additional amount, equal to 25% of the combined cash award plus the principal amount of debt relief, to help pay federal taxes that may be owed.
Farmers Legal Action Group, Inc. (FLAG) and the National Agricultural Law Center (NALC) are assisting in the development of a legal assistance network of attorneys to assist claimants in the completion of the official Claims Form. The Legal Assistance Network will be widely distributed to potential claimants, including being publicly available on the National Agricultural Law Center website here so that claimants and others can easily access the information and make contact with attorneys. For background information on the USDA HWFRCP, please visit the National Agricultural Law Center website and/or visit the official Claims Process website at www.farmerclaims.gov. Attorney involvement with the HWFRCP can be done on a pro bono basis, or for compensation.
Please note, however, that a claimant is not required to be assisted by an attorney in order to complete and submit the official USDA HWFRCP Claim Form. In addition, the attorney need not be listed in the legal assistance network in order to assist a claimant. If you, or any lawyers in your firm, are interested in being listed in the Legal Assistance Network, please send an email to email@example.com that indicates the state(s) in which you are licensed to practice along with the corresponding bar number(s) for those states, and a request for a copy of the training video. Attorneys cannot be included on the Legal Assistance Network until they have communicated to firstname.lastname@example.org that they have viewed the training video.
The Civil Rules Advisory Committee met in November of 2012 and is recommending several amendments to the rules. In addition, the Felony Sentencing Committee is recommending several amendments to Idaho Criminal Rule 32. All of these proposed amendments are available for comment and can be found on the Supreme Court website at http://www.isc.idaho.gov/problem-solving/idaho-court-rules-and-amendments-available-for-public-comment.
Congress did not act to extend full FDIC protection for IOLTAs and other non-interest bearing accounts. This means that coverage on IOLTAs will now be $250,000 per owner, per institution going forward. However, full coverage has now expired on ALL accounts that previously received full FDIC coverage, so IOLTAs are on a level playing field with other types of bank accounts and are not disadvantaged. The increased FDIC coverage was always intended to be temporary, so it is not likely that Congress will try to reinstate the full coverage.
Unless Congress takes unanticipated action, as of Jan. 1, 2013, FDIC insurance available to IOLTA accounts will be $250,000 per owner of the funds (client), per financial institution, assuming that the account is properly designated as a trust account and proper accounting of each client’s funds is maintained. Non-interest-bearing trust accounts will have this same level of coverage.
For the past two years, IOLTA and non-interest-bearing accounts enjoyed unlimited FDIC insurance coverage pursuant to Section 343 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. That provision was to be effective for two years with a sunset date of Dec. 31, 2012.
Although there have been attempts in Congress to extend that coverage for an additional two years, and the American Bar Association and others have lobbied for that extension, those efforts have not been successful due largely to legislative maneuvering that was unrelated to the merits of the issue.
While Congress has not yet adjourned, the ABA Governmental Affairs Office says it appears unlikely that lawmakers will take any further action on the issue this year. If that is the case, IOLTA and non-interest-bearing accounts will be treated the same as all other FDIC-insured accounts as of Jan. 1, 2013.
For further information on FDIC insurance coverage for IOLTA and other accounts as of Jan. 1, 2013.
If you are in need of last minute self-study CLE credits, you might want to consider online, on-demand programs. Our online CLE option provides immediate access to nearly 200 CLEs and is available 24/7. Please remember the following when utilizing the ISB/ILF online, on-demand services:
- All online, on-demand programs are considered “self-study” (of the minimum thirty (30) credit hours necessary for reporting every three years, only 15 may be claimed as self-study).
- Credit will not be given for previously-viewed programs, regardless of whether the program was viewed in the current or prior reporting period.
- Once purchased, you will have ninety (90) days to view the program.
- Registration of multiple viewers or attendees with one registration entry is not allowed. If you are registering multiple people for a program please create an account and register each person separately.