power point for iicm - final

8/13/2019 Power Point for IICM - Final

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CRIMINAL PROCEDURES

Honorable Thomas Ryan, District Judge;

Third Judicial District

Erin BullardIn-Court Clerk Supervisor/TrainerCanyon County

Raena BullAdministrative Specialist; Deputy

Court Clerk -Canyon County


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Strange But True

A jury numbering 12 members goes backto the days when astrologers would pick

who to sit on a jury.

In order to be fair to the defendant, itwas believed that jury members

representing each of the 12 zodiac signswould ensure a diversity of personalitiesto sit in judgment


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INITIATION OF INFRACTIONS

An infraction is a civil public offense, not constituting acrime, which is punishable only by a penalty of a fine andfor which no period of incarceration may be imposed. I.C. 18-111, I.C. 18-113A.

Any Idaho peace officer or authorized employee of theIdaho Transportation Department may issue an Idahouniform citation for an infraction.

Additionally, infractions may be commenced by the filing ofan unsworn formal complaint. I.C. 49-1501; I.C. 19-3901; I.I.R. Rules 3(a), 3(b) & 5(a).


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Only one person may be charged by the complaint of a singlecitation, but two infraction offenses may be charged in one citationinvolving the same defendant.

An infraction may not be charged with a misdemeanor in the samecitation. I.I.R. 3(d).

Because an infraction has been declared by statute to be a civilpublic offense, not constituting a crime, the defendant charged withan infraction shall never be arrested for the infraction and shall

never be required to post bail on the infraction. I.I.R. 7(c).

The infraction citation shall be served upon the defendant byobtaining his/her written promise to appear in court within the timeprovided on the citation or by physically delivering the citation to thedefendant. I.C. 19-3901; I.I.R. 5(c).

The defendant must be cited in no sooner than 5 days and no laterthan 21 days from the date of the citation. I.I.R. 5(a). The officer oragency should turn the citation in prior to the appearance date.


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1. File stamp citation or complaint

2. Enter citation or complaint in ISTARS

3. Place citation or complaint in file folder or other location asper the practice of your jurisdiction.

Note:

Many jurisdictions simply place the citations in somesort of central file to wait and see if payment is sent inby mail. No official case file is required unless thematter will be tried in court.

Clerical Duties when an Infraction citation is received


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Clerical Duties if a guilty plea is entered1. Enter the finding of guilty and assess the fines and fees in ISTARS

2. Accept and receipt payment or set up acceptable terms for future payment;

3. Enter judgment against defendant on back of original citation (or on aseparate judgment form if used in your jurisdiction);

4. Upon entering the disposition and payment for the final charge on the caseallow ISTARS to close the case.

Note: The total amount due cannot be increased or decreased by the clerk.

If the defendant pays MORE than the amount due, do not increase the fine.Instead, enter the excess in ISTARS as an overage and send back to thedefendant according to local procedure.

Clerical Duties if a not guilty plea is entered1. Enter the not guilty plea in ISTARS either in the disposition tab or the charge tab

2. Set the matter for further proceedings as per local protocol (Court Trial or Pretrialconference). Jury Trials may not be held for infractions.


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TRIAL/JUDGMENT

If the judge of the magistrate division does not find the defendant

committed the infraction, the judge shall enter judgment for thedefendant. I.I.R. 7(e).

If the judge finds the defendant committed the infraction offense, thejudge shall enter judgment against the defendant, and impose thefixed penalty provided for by the Supreme Court's infraction penalty

schedule. I.C. 49-1503(2); I.I.R. 7(e) and 9.

The penalty includes court costs and cannot be suspended and nowithheld judgment is allowed. I.I.R. 9(d).

The defendant can either pay the penalty immediately or enter into a

deferred payment agreement, the form for which is set forth in theRules. I.I.R. 9(e).


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Amazing Courtroom Confession

I had been driving for 40 years when Ifell asleep at the wheel and had anaccident.

(must have been a very long drive!)


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Clerical Duties

1. Prepare and send Notice of Default Judgment.2. This may either be done manually by the clerk at the time and

date of the failure to appear, or by overdue processing, if the clerkdoes either of the following options:1) leaves the hearing unanswered2) checks the fail to appear box on the case front screen. The

system will detect the unanswered hearing or activation of fail toappear processing by detecting the checked box, and will enter a

finding of guilty, fines and fees and set a payment date 14 days inthe future.3. Make entries of failure to appear and default judgment.4. If entering the data manually, the clerk must enter the fines/fees

and set the future money due date. The clerk then must produceand send out the notice of default judgment to the defendant. The

next ITD report will detect the findings of guilty and report themaccordingly.5. Close out file.6. Change the status of the case to closed pending clerk action.


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ROA Codes for Infraction Default


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FAILURE TO PAY INFRACTION JUDGMENT

If a defendant fails to pay a traffic infraction penalty within the time allowedby (1) default judgment, (2) deferred payment agreement, or (3) within suchtime allowed by court order, the court (clerk) shall sign a Notice ofNonpayment of Penalty and send it to the Department of Transportation forsuspension of the defendant's driver's license.

Note:It is sent electronically to the Department of Transportation via theoverdue processing reporting and the I.T.D. electronic reporting. I.I.R.

10(a); IC 49-1505. The form for this Notice is set forth in I.I.R. 10(b).

Any late payment of an infraction penalty shall be accepted by thecourt or clerk at any time. I.I.R. 10(c). At the time that full payment isreceived, after the Notice of Nonpayment has been sent to the Dept. ofTransportation, the clerk shall issue a Receipt and Notice of Payment,which shall be mailed to the defendant (not sent to the Department by

the clerk because it is reported electronically through the overdueprocessing and I.T.D. reporting) for use in applying for reinstatementwith the Department. The form for this Receipt and Notice is set forthin I.I.R. 10(d).


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Administrative License Suspension

Note: There is a separate administrative license suspension that isdone by the Idaho Department of Transportation, upon receipt of afinding of guilty or a default judgment on a failure to maintaininsurance infraction.This is somewhat confusing to the defendant, as the court will senda notice of Default Judgment which will advise them that they have

two weeks to pay the citation or a suspension of driving privilegeswill be entered for FAIL TO PAY.That is a separate and secondary suspension. When the defendantgets the suspension letter from ITD on those offenses, they oftencall the court and are confused. Please advise them that the ITDsuspension is a separate suspension done solely on the conviction

of the offense.


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Riddle

Q: What do you get when you cross alawyer with a librarian?

A: All the information you need, but youcant understand a word of it!

M d Fl Ch


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Clerk Arraignments

Citation or Complaint & Summons

Arraignment before Clerks

Plea

Not GuiltyGuiltyPayable

OffenseGuilty

Sentencing by Judge Fine Imposed

Trial Type

Set Pre Trial &

Jury Trial

Set Pre Trial &

Court Trial

Changed Plea

to GuiltyNot Guilty

Changed Plea

to Guilty

Not Guilty

Not Guilty

Found

Not Guilty

Found

Guilty

Status

Conference

Jury Trial

Changed Plea

to Guilty

Sentencing

Sentencing

Sentencing

Case Dismissed Sentencing

Pre Trial

Pre Trial

Court

Trial

Found

Not GuiltyFound Guilty

SentencingCase Dismissed

Refer to

Payable List

Misdemeanor Flow ChartIncluding

Payable Arraignments


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Misdemeanor3.1 DEFINITION OF A MISDEMEANOR

Misdemeanors include all offenses where the possible penalty isgreater than $100.00 but does not include those punishable bydeath or imprisonment in the state prison. I.C. 18-111. Except incases where a different punishment is prescribed in the Idaho Code,most offenses declared to be a misdemeanor are punishable byimprisonment in a county jail not exceeding six (6) months, or by a

fine not exceeding one thousand dollars ($1,000), or both I.C. 18-113.

However, some misdemeanors are punishable by imprisonment in acounty jail for up to a year. Misdemeanors may be heard by amagistrate or district judge, but are usually heard by a magistrate.

I.C.R. 2.2.

The Idaho Misdemeanor Criminal Rules (I.M.C.R.) and many of theIdaho Criminal Rules (I.C.R.) apply to misdemeanor cases. I.C.R. 1;I.M.C.R. 1.


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HOW MISDEMEANORS ARE INITIATED

The defendant may be issued a uniform citation by a lawenforcement officer, but not necessarily arrested. I.M.C.R. 3 and

5. The officer will note on the citation the date, or range of dates,that the defendant must appear.

A person may be arrested by a police officer during or after thecommission of a crime. I.C. 19-603. The officer will theneither issue a uniform citation or prepare an affidavit of probable

cause. The defendant is then booked and released on bond or heldin jail. The original citation or affidavit of probable cause is thenforwarded to the Court and copies of the same are forwarded tothe prosecuting attorney.

The prosecuting attorney may file a formal complaint, signed under

oath, stating the charge(s) against the defendant. I.C.R. 3. Uponfiling, the prosecutor may ask that a summons be issued for a datecertain for the defendant to appear. I.C.R. 4(b). Alternatively, theprosecutor may provide sworn testimony in support of the charge(s)and request a warrant of arrest. I.C.R. 4(a). A summons is thepreferred method. I.C.R. 4(c).


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RECEIPT OF COMPLAINT OR CITATION

The involvement of the court in theprocessing of a misdemeanor begins withthe filing of a complaint or citation.

Note:

The court may be aware of the defendant and allegedcharge prior to filing through an indication that bond

was posted or the presence of the name of thedefendant on a jail list, but the complaint or citationmust be filed to begin court proceedings.


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Clerical Duties

1. File stamp the complaint/citation.

2. Open case in ISTARS and enter appropriate information, the filingdate of the case in ISTARS should match the date stamped on thecomplaint/citation and may need to be back dated if the paperworkwas received on an earlier date.

3. If a warrant for arrest is provided, a probable cause hearing mustbe held, at which time the Judge will determine whether probablecause exists for issuance of the arrest warrant. If the warrant is signedby the judge enter warrant information in ISTARS. If no warrant isprovided schedule arraignment hearing and issue summons.

4. Upon return of warrant enter warrant return in ISTARS andschedule hearing. (Hearing must be held within 24 hours or oneworking day, if the defendant is in custody).


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5. If a Bond is posted, file any bond paperwork and enter the bond inISTARS; schedule hearing and send out notice of hearing.

6. If the defendant is not in custody the clerk will Schedulearraignment/appearance date in ISTARS as provided on the citationand enter any bond information in ISTARS; if a bond has beenposted.

7. Optional: Print judgment form and subject history along with theNotification of subsequent penalties forms for DUI or DWP to place

in file (history is used for judge's information only and judgment formand notification forms are in place when the defendant issentenced). Also some counties may request record checks from

Sheriff's office on non-arrests.


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Citation Entry

Complaint/Charge Entry


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ROA Codes for New Citation

ROA Codes for New Complaint with Warrant


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Strange But True

1. The wordsINSANE and INSANITYare not recognized medical termsbut,

rather, legal words

***2. Renters in Rumford, Maine are

prohibited from biting their landlords


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3.4 APPEARANCE BY DEFENDANT/PROCESSING BY CLERK

The defendant must appear before the clerk on or before the appearancedate to enter a plea. I.M.C.R. 6(a).

If the defendant prefers, he or she shall have the right to appear before theCourt to enter a plea. I.M.C.R. 6(b). If the defendant requests additional time before entering a plea, the clerk

shall continue the case with a Continuance Notice. I.M.C.R. 6(a)(1). Theform for this Notice is set forth in I.M.C.R. 6(e)(2).

If the defendant enters a plea of Not Guilty, the clerk shall issue a Trial DateNotice. I.M.C.R. 6(a)(2). The form for this Notice is set forth in I.M.C.R.

6(e)(1). If the defendant wishes to enter a plea of guilty, then there are two options.First, if the clerk is authorized by

I.M.C.R. 14 to accept the written plea, the clerk shall do so and enterjudgment against the defendant according to the amounts set forth inI.M.C.R. 13(a) or (b).

Second, for all other cases not covered by I.M.C.R. 14, the defendant may

file a guilty plea with the clerk, but must appear before the judge for it to beaccepted. I.M.C.R. 6(a)(3).

The Defendant may also appear, plead and have judgment entered throughan attorney. I.M.C.R. 6(d).

The defendant may make payment in full or sign a Deferred PaymentAgreement to make payments according to the form set forth in I.M.C.R. 8.


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Clerical Duties - Guilty Plea accepted by Clerk (Payable)under I.M.C.R. 14:

1. Make sure the plea can be accepted under I.M.C.R. 14.2. Have the defendant sign the back of the citation, or separate form per

local practice, noting the wish to plead guilty.3. Complete Judgment (either on back of citation or on separate judgment

form).4. Enter the finding of guilty and assess the fines and fees in ISTARS.5. Collect fine and give defendant a receipt, or have defendant sign

Deferred Payment Agreement.6. Give copy of judgment (and Deferred Payment Agreement, if any) to

defendant and send copy to prosecutor.7. Upon entering the disposition and payment for the final Charge on the

case, allow ISTARS to close the case.

Clerical Duties Guilty Plea filed with clerk but Judge must accept:

1. Send defendant into court for plea (or give date to re-appear for plea andsentencing);

1. Once plea is accepted by judge and sentence is imposed, follow steps 3through 7 above.

ROA Codes Clerk Arraignment with Payable


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ROA Codes Clerk Arraignment with Payable


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Examples - Payable Misdemeanor Offenses

Statute Description Amount Comments

I49-1426Public Intoxication, PedestrianUnder the Influence

$153.00

I18-3906 Littering Roadway from Vehicle $128.00

I19-3901(A)

Failure to Appear $203.00On Payable OffenseOnly

I23-505Alcohol Bev-UnlawfulTransport/Open ContainerViolation

$175.50

I23-505(1)Alcohol Bev-UnlawfulTransport/Open ContainerViolation

$175.50

I23-505(2){M}

Alcohol Bev-Consume/PossessOpen Container (Driver)

$175.50

I23-943I23-943A

Underage Person in a Bar andRefusal to Present Identification

$203.00

I36-1201(c)

License Fail to Carry onPerson/Exhibit on Request

$153.00Dismiss if shows proofof any valid license

I36-409(d)Game Tags Fail to Validate or

Attach to Carcass

$135.50

I39-5703Tobacco Possession,Distribution, Use by MinorViolation

$125.50

I37-2732CUnder the Influence of Drugs inPublic

$253.00

I49-1210Registering vehicle withoutInsurance Certificate

$185.00


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Clerical Duties Not Guilty Plea:

1. Schedule next hearing depending on local practice

for pre-trial, jury trial.2. Send notice of the hearing to the defendant and the

prosecutor (along with a copy of the citation).

Clerical Duties Continuance:

1. Issue Continuance Notice form with new date, giveto defendant and send copy to prosecutor.

2. Note defendants appearance and schedule newappearance date in ISTARS.


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Cl i l D ti G ilt Pl t A i t


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Clerical Duties Guilty Plea at Arraignment

1. If defendant is not sentenced immediately, setsentencing hearing, issue Notice and any other ordersfor sentencing, send copies to defendant (or his

attorney) and the prosecutor; schedule sentencinghearing in ISTARS.

2. Complete Judgment (either on back of citation or onseparate judgment form).

3. Enter the finding of guilty and assess the fines andfees in ISTARS.

4. Collect fine and give defendant a receipt, or havedefendant sign Deferred Payment Agreement.

5. Give copy of judgment (and Deferred PaymentAgreement, if any) to defendant and send copy toprosecutor.

6. Upon entering the disposition and payment for the finalCharge on the case, allow ISTARS to close the case.

ROA d G ilt Pl t A i t


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ROA codes - Guilty Plea at Arraignment


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Clerical Duties Not Guilty Plea at Arraignment

1. If a public defender is appointed, add attorneys nameto defendants screen in ISTARS, prepare Order

Appointing Public Defender, file stamp and send topublic defender along with a copy of the complaint orcitation and any other orders entered or notices ofhearing.

2. Schedule pre-trial and/or trial date in ISTARS.

3. Issue Trial Date Notice form and send copy todefendant (or his attorney) and prosecutor (and jurycommissioner if jury trial, according to local practice).

4. Prepare commitment order or release order (if needed)and send to parties and sheriff.


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ROA codes - Not Guilty Plea at Arraignment


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Pre-trial Conference and Trial

Prior to trial, the defendant with his attorney and theprosecutor may appear before the judge to determinewhether or not a plea agreement may be reached.

If a plea agreement is reached, the defendant may be

sentenced immediately or a sentencing hearing may beset in the future. If not, the matter remains on the trialcalendar.

At the trial, the defendant can be convicted or acquitted

(found not guilty), the case could be dismissed forvarious reasons, or there could be a mistrial requiring anew trial at a later date.


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Clerical Duties

1. If a plea is entered at the pre-trial conference, follow procedures

for Guilty Pleas above. (however, use the CPGT change plea toguilty code in the ROA)

2. If convicted at trial, file the verdict form (if jury) and followprocedures for Guilty Pleas above. (however, use the FOGTfound guilty at trial code in the ROA)

3. If acquitted or the case is dismissed, file stamp Order OfDismissal and file, send copies to both parties, enter dismissal inISTARS and close out file; (use the ACQU Acquitted code in theROA)

4. If mistrial is ordered by judge, file stamp order, send copies toparties, (use MIST mistrial declared code in ROA)

5. Schedule new trial date in ISTARS and send Notice to bothparties.

ROA Codes Change Plea to Guilty


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ROA Codes Change Plea to Guilty(after entry of not guilty plea)

Felony Flow


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Felony FlowChart


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FELONIES

Felonies are serious crimes with possible punishment ofover one (1) year in prison. Because of the seriousness

of the offense, the proceedings involve several courtappearances in both the magistrate division (except forGrand Jury Indictments) and district court.

INITIATING THE ACTION:

A felony case may be initiated by one of the followingmethods:

1. Arrest Prior to the Filing of the Complaint

2. Complaint and Summons

3. Grand Jury Indictment


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GRAND JURIES

The critical references for grand jury proceedings are under IdahoCriminal Rule 6.1 through 6.8 and Idaho Code Section 191001

through Section 191207. If there is a conflict between thelanguage of the Idaho statute and the applicable criminal rule, thecriminal rule should generally be followed. However, the bestprocedure is to consult with the district judge appointed to overseeany given grand jury.

The purpose of the grand jury is to review evidence presented to it

by the prosecuting attorney and determine whether there is probablecause to issue an indictment. An indictment is a charging document with the same effect of a

criminal information presented to the district court. The distinction is that an indictment issues by the grand jury after a

probable cause determination in secret and an information is issued

after a preliminary hearing before a magistrate judge in open court. All documents presented to or received from the grand jury, and allrecords of proceedings, whether by court reporter or electronicrecording, shall be secret unless otherwise ordered by the district

judge.

RECEIPT OF THE COMPLAINT


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RECEIPT OF THE COMPLAINTThe felony process begins with the filing of acomplaint. Grand Jury Indictments are filed instead of

complaints in some cases. The court may be aware ofthe defendant and the alleged crime prior to the filingof the complaint through a bond posted or the jail list,but the complaint must be filed to begin courtproceedings.

Clerical Duties

1. File stamp the complaint and conform any copies.

2. Create a criminal case in ISTARS.

3. If in custody, prepare the court file and arrange forinitial appearance; If not in custody, issue a summonsor warrant as determined by the judge.


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Strange But True

In Los Angelesit is illegal to possess ahippopotamus.

In Texasit is illegal to put graffiti onsomeone elses cow.

Its unlawful in both Ola, South Dakotaand Anniston, Oklahoma, to lie down inthe middle of the road and take a nap.

Clerical Duties - upon receipt of a signed


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p p gcomplaint and/or indictment

1. File stamp the complaint and conform any copies.2. Create a criminal case in ISTARS.3. If in custody, prepare the court file and arrange for initial appearance; Ifnot in custody, issue a summons or warrant as determined by the judge.


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INITIAL APPEARANCE BEFORE A MAGISTRATE

An initial appearance is held in felony cases to inform thedefendant of the charges, determine if the defendantneeds a Public Defender, and review the defendant'scustody status. Initial appearance is held within 24 hoursif the defendant is in custody (except for Saturdays,

Sundays and Holidays).

Clerical duties depend on what occurs at theappearance. The possibilities include appointment of apublic defender, a change in the custody status andscheduling of the preliminary hearing.

Defendant Requests that a Public Defender be Appointed


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Defendant Requests that a Public Defender be AppointedThe judge obtains information about the defendant's financial status. The

judge then makes an Order either appointing or denying the request for apublic defender. He may also order that the defendant reimburse the costsof the public defender.

Clerical Duties

1. Prepare Order Appointing or Denying Public Defender (Denial may only require aminute entry per local practice.)

2. File stamp order and enter in ROA indicating appointment or denial.3. Enter the attorney for defendant in ISTARS4. Send a copy of the Order Appointing Public Defender to:

A. ProsecutorB. Public Defender with copy of Complaint and affidavit, if any

5. If Public Defender is denied, send copy of the denial to the defendant

Judge Orders a Change in Custody StatusThe judge may order the defendant to remain in custody or release him onhis own recognizance.

Clerical Duties1. Defendant is ordered to remain in custody with bond and/or conditions2. Send copy of minute entry of the judges order to jailor prepare commitment order

with copy to go to jail3. See section on bonds under General Criminal Procedures4. If Defendant is ordered released on own recognizance, send a copy of the minute

entry or release order to the jail after the hearing


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Courtroom Humor

Judge: Have you ever stolen?

Thief: Ohoff and on

Judge: What did you steal?Thief: Ohthis and that

Judge: Officer, take him to his cell

Thief: Hey, when do I get out?Judge: Ohsooner or later


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PRELIMINARY HEARING

IN MAGISTRATE COURT

AND FILING IN DISTRICT COURT

Preliminary hearings are held in felony cases to

determine whether a crime has been committed

and whether there is probable cause to believe thedefendant committed the crime. The defendantmay also waive his right to a preliminary hearing.

Scheduling the Preliminary hearing


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Scheduling the Preliminary hearing(not applicable to Grand Jury Indictments)

The court sets the preliminary hearing date either at the initial

appearance or shortly thereafter; held within 14 days of the initialappearance for in-custody defendants and 21 days for defendants not incustody.

Clerical Duties

1. Schedule the preliminary hearing in ISTARS

2. Print and file stamp the notice of hearing

3. Send copies to Prosecuting Attorney, defendant's counsel or defendant

if pro-se

4. If court issues, modifies or terminates a no-contact order, prepare theorder and send a copy to the records department of the sheriffs officeimmediately. Be sure order includes a termination date that complieswith ICR 46.2(either 11:59 p.m. on a date certain or when the case is

dismissed). See section on No Contact Orders.

Clerical Duties


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Clerical Duties

If no probable cause found:

1. Dismiss each charge in ISTARS

2. Exonerate any bail bond deposited.

3. Close the case. (see below, Closing a case)

4. If a no contact order is in place, immediately send writtennotification to the records department of the sheriffs office that

the case has been dismissed.

ROA for No Probable Cause Found


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ROA for No Probable Cause Foundafter Preliminary Hearing Held


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ROA for Probable Cause Found afterPreliminary Hearing Held


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ROA entries for Preliminary Hearing Waived


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From Actual Court Records

Q: You say that the stairs went downto the basement?

A: Yes

Q: And these stairs, did they go upalso?

If filing in district court


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If filing in district court

After probable cause is found, the prosecutorfiles an "Information" within 14 days after bindover which is a restatement of the chargesoutlined in the complaint. Some changes inthese charges my result due to findings at thepreliminary hearing once the information has

been filed.

A. File stamp the Information, confirm the charges arecorrect in ISTARS and enter in the ROA.

B. Schedule arraignment in district court if not previouslydone.

ARRAIGNMENT IN DISTRICT COURT AND TRIAL SETTING


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ARRAIGNMENT IN DISTRICT COURT AND TRIAL SETTING

At the district court arraignment, the defendant is read the charges,penalties and rights, and enters a plea. The dates for subsequent hearings(motions, pretrial, and trial) may be set.

Clerical Duties

1. If the Prosecuting Attorney has not provided a copy to defendant's attorney, providea conformed copy of the Information to the defendant.

2. When directed to do so by the judge, read the Information in its entirety (every word,including all headings, case numbers, etc.) IC 191514.

3. Prepare and file court minutes in the case file. See section on Trial Procedures andCourt Minutes.

4. If the trial date is set at the arraignment, schedule in ISTARS.

5. Print the Notice of Hearing and file stamp the notice. Send copies to prosecutor,defendant's counsel, defendant (if pro se), Jury Commissioner (if set for jury trial)

6. If the trial date is not set at arraignment, follow local procedure for trial setting.

ROA results for District Court Arraignment


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ROA results for District Court Arraignment


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Courtroom Humor

On changing a plea from not guilty toguilty, the judge asked the defendantfor the reason.

I didnt know there would be women onthe jury, he replied. If I cant foolone woman, I certainly cant fool six ofthem.


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DISPOSITION

In criminal cases, the judgment is thecourt's pronouncement of guilty or notguilty after a jury verdict, court trial, or aplea of guilty has been entered. In felony

cases, the defendant must be presentwhen judgment is pronounced.

Acquitted or Charges Dismissed


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Acquitted or Charges DismissedIf the defendant is acquitted or charges dismissed, theclerk must carry out appropriate procedures to fulfill theorders of the court pertaining to the case.

Clerical Duties

1. Enter the acquittal or dismissal for each charge in

ISTARS.2. If the defendant is in custody, send order of release to

the jail.3. Exonerate any bail bond deposited.4. Close the case. If a no contact order is in place,

immediately send written notification to the recordsdepartment of the sheriffs office that the case has beendismissed.

ROA for Acquittal after Trial


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ROA for Acquittal after Trial


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Guilty Verdict or Plea of GuiltyAfter the guilty verdict in a trial or a plea of guilty, theclerk must carry out appropriate procedures to fulfill

the orders of the court pertaining to the case.

Clerical Duties

1. Enter results of trial in ISTARS.2. Fill out an "Order for Pre-sentence Investigation".

3. Schedule the case for sentencing in ISTARS. Filestamp the notice of hearing.

4. Mail copies of the notice of hearing to ProsecutingAttorney, defendant's counsel or defendant if pro-se.

ROA for Found Guilty after Trial


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ROA for Found Guilty after Trial


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Strange But True

Lizzie Borden was actually acquitted ofkilling her father and step-mother

In Toledo, Ohio, it is illegal to throw anytype of reptile at another person.

By law, Kentuckians must bathe at leastonce a year.


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FELONY JUDGMENTSPronouncement of judgment

Judgment is pronounced in open court, with the defendant present.Prior to sentencing, the defendant is informed of the reason for hisappearance, (IC 192510) and if the defendant does not showsufficient cause why judgment should not be pronounced, the

judgment is rendered by the court in accordance with Idaho law. (IC 192512 through IC 192520).

Felony judgments should include:1. Date defendant entered guilty plea or was found guilty.2. The sentencing date proceedings, the terms of thesentence, amount of credit for time served, bond exoneration,restitution and jail time.

3. A Certificate of Service, which certifies the parties wereserved the judgment or a certificate of hand delivery on datestated.

JUDGMENT OF CONVICTION, SUSPENDING SENTENCE, AND


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, ,ORDER OF SUPERVISED PROBATION: (IC 192601(2))

Clerical Duties

1. Enter the judgment by placing the filing stamp on original. Copiesare then served on the prosecuting attorney, defendant, defensecounsel, Sheriffs office (Jail), and probation and parole.

2. Do Certificate of Service, or Acceptance of Judgment and file withJudgment.

3. Enter the judgment in the ROA.4. Place the presentence reports from the court and counsel(indicatewhich is the courts copy), psychological evaluation and any otherreports prepared in determining the defendants' judgment into anenvelope. Seal and mark the envelope confidentialopenonly upon order by the court.

5. Prepare sex offender registration form SOR-1 if applicable. Seesection 2.14.

JUDGMENT OF CONVICTION AND ORDER OF RETAINEDJURISDICTION I C 19 2601(4) AND ORDER OF COMMITMENT


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JURISDICTION I.C. 192601(4), AND ORDER OF COMMITMENT

Clerical Duties

1. Enter Judgment and Order of Commitment by placing filing stamp on Original.

Copies are then served on prosecuting attorney, defendant, defense counsel,probation and parole.

2. Fill out and file Certificate of Mailing or Acceptance of Service with the Judgment.3. Certify a copy of the judgment and give to Sheriff Office.4. Certify a copy of the judgment, and attach a copy of the presentence investigation,

substance abuse evaluation, psychological evaluation and any other reportsprepared in determining the defendant's sentence, and mail to Department of

Corrections in Boise, Idaho. Seal and mark "Confidential-to be opened only byDepartment of Corrections".5. Enter Judgment and Order of Commitment into the ROA.6. In the courts file, place into an envelope the presentence reports from the court

and counsel (indicate which is the courts copy), psychological evaluation, and anyother reports prepared in determining the defendant's sentence, seal and mark"Confidential-to be opened only by Order of the Court".

7. Prepare sex offender registration form SOR-1 if applicable. See section 2.14.

ORDER ON MOTION TO REVOKE PROBATION


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Clerical DutiesUpon receipt of the Order to Revoke Probation do the following:

1. File stamp the Order and enter in the ROA.2. Send copies to the following:

1. State2. Defendant3. Counsel for defendant

4. Probation and Parole if applicable5. Certified copy for the Sheriff's Office6. Certified copy and send to the Department of Corrections along with

a copy of the presentence investigation, substance abuse evaluation,psychological evaluation, and any other reports prepared todetermine the defendant's sentence. Seal and mark "Confidential-to be opened only by Department of Corrections".

3. Fill out Certificate of Mailing or Acceptance of Service and file withthe Judgment.


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WARRANTS

Types of WarrantsG ll W t t ft t d i i i l h th


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Generally: Warrants are most often encountered in criminal cases, however theymay also be issued in civil cases such as child support enforcement or collectioncases against a judgment debtor. Criminal cases involve a variety of warrantsdesigned to bring people before the court to address criminal charges as well assearch warrants. The procedures for working with warrants, civil or criminal, aresimilar. However there are some differences depending on the type of warrant used.Each of the most common types of warrants is discussed below.

Arrest Warrants:After a criminal Complaint is presented to a magistrate, a warrantfor the arrest of the defendant may be issued. I.C.R. 4.

Warrant of Attachment: In some cases a judge may issue a warrant of attachmentto bring a person before the court to answer to a charge of contempt of court forfailure to obey a court ordercivil or criminal. I.C. 7-604.

Fail to Pay Warrant: A fail to pay warrant is a type of warrant of attachment. Withthis type of warrant, the judge may authorize the defendant to pay a specified amountof money, in full, (usually the amount he/she failed to pay) and the warrant will bedismissed and he/she need not appear any further. I.C.R. 46(d).

Bench Warrants:This type of warrant is typically issued when a criminal defendantwho has posted bail fails to appear for a court proceeding. I.C. 19-1504.

Search Warrants:Search warrants authorize law enforcement officers to search aperson, place or thing and seize an item that is contraband or evidence of illegalactivity, or a person named in an arrest warrant. I.C.R. 41.

Agents Warrants: The agents warrant is a warrant issued by a parole or probationofficer to arrest a parolee or probationer or person under drug court or mental healthcourt supervision. When the defendant is arrested the parole and probation officer isrequired to notify the court of the arrest at once (I.C. 20-227).

It is in the magistrate division that most warrants are first issued


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It is in the magistrate division that most warrants are first issued.I.C.R. 4(a). Though district court judges and even appellate court

judges have authority to issue warrants under Idaho Code 19-502 and 19-503, clerks of the magistrate division will have thegreatest exposure to warrants and the warrant process.

No warrant may be issued unless the court has made a finding ofprobable cause, which can be done with sworn affidavits, sworntestimony, or both. I.C.R. 4 and 41; I.C. 19-506; I.C. 19-4403;I.C. 19-4404.

Warrants for the arrest of a person remain active indefinitely untilserved or quashed by a judge, while warrants to search a person,place or thing must be executed and returned to the issuing judgewithin 14 days. I.C. 19-4412.

Any time a person is arrested pursuant to a warrant, they must bebrought before a magistrate within 24 hours (excluding weekendsand holidays) and informed of the reason for their arrest and theirrights. I.C.R. 5(b). When a warrant is served, a Return of Servicemust be filed with the court by law enforcement. I.C.R. 4(h)(5).


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Bail and Bail Bonds


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Bail (sometimes referred to as bond or bail bond) isan amount accepted by the court in exchange for acriminal defendants release from custody until the caseis completed. I.C. 19-2901.

The primary purpose of bail is to assure that a defendantwill attend all required court appearances. I.C. 19-2902; I.C.R. 46(a) and (b).

Any person charged with any criminal offense is entitledto post bail, including an offense punishable by death, ifallowed by the court; I.C.R. 46(a).

This security can be cash, money order or check, realproperty, or surety bond. See M.C.R. 13(c).

Cash BondA cash bond is the full amount of the bond required paid in cash to


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A cash bond is the full amount of the bond required, paid in cash, torelease a defendant from jail. All sums on deposit at the conclusion of anaction shall, upon order of the court, be applied to payment of fines, fees,and court costs owed by the defendant. I.C. 19-2923.

Surety BondsA surety bond is an agreement made between a person and abondsman. The bondsman agrees to post a bond in the amount of bailset by the court so the defendant can be released from jail. In doing so,the bondsman is agreeing to pay the full amount of the bail to the court ifthe defendant fails to appear. This agreement is backed by an insurance

company contract signed by the person and the bondsman on behalf ofthe insurance company. Only a person who has been licensed by theState Department of Insurance may post a surety bond.

Property BondsA property bond is a pledge of real property to secure the appearance of

the defendant. A property bond can only be pledged by the owner ofproperty within the county where the action is pending, and must havesufficient value to cover the set amount of bail. This method may only beused if a magistrate approves and accepts the bond. M.C.R. 13(c)(4).

Bond Forfeiture / Failure To Appear /


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Revocation / Readmittance / Reinstatement

If a defendant fails to appear, the court may order the deposited bondforfeitedand may issue a warrant for the defendants arrest. I.C.R. 46(e)(1).

The clerk shall mail notice within 5 working days of such forfeiture to the lastknown address of the person who posted the bail. I.C.R. 46(g); I.C. 19-2927 & 19-2929.

The party who posted the bail then has 180 days to locate and bring thedefendant to the court. If this is not done, then the entire cash bond is paid to

the court or, in the case of a surety bond, the bondsman must pay the fullamount of bail to the court. If the person does not pay the appropriate amount,the Prosecuting Attorney may file an action to collect it. I.C. 19-2928.

Failure by the clerk to provide proper and timely notice shall result in theperson who posted the bail being discharged and/or exonerated. I.C.R. 46(g);I.C. 19-2927 & 19-2929. This means the court loses the security andassurance it had for the appearance of the defendant and greatly reduces thelikelihood of the defendant being apprehended in a timely fashion.

Note: It is very important that this information is sent out in a timely fashion.

Note:R d itt b il d f h d i i


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Readmittance to bail means an order from the court readmittingthe defendant to bail (again allowing the defendant to be releasedon bail) following an order of revocation or recommitment of thedefendant. I.C.R. 46(e)(3) and (4), and 46(f), and I.C. 19-

2934.

Note:Revocation of bail by court order, a.k.a. recommitment ofdefendant after bail. Recommitment or revocation of bail meansthe court which originally admitted the defendant to bail may

thereafter order the bail bond revoked and the defendant arrestedand jailed if the defendant has breached one or more conditionsof bail, such as failure to appear. I.C.R. 46(e)(1), (2), and (3), andI.C. 19-2930. Once the bail bond has been revoked, the bailbond may be exonerated.

Note:Extension / Setting Aside Forfeiture: The Court has noauthority to extend the 180 day forfeiture period. State. v. Vargas.However, the court may set aside the forfeiture and reinstate thebond upon good cause shown. I.C.R. 46(e); I.C. 19-2927.

ExonerationExoneration means a court order directing the release and


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Exoneration means a court order directing the release anddischarge from liability of the person posting the bond.

After a case is disposed of, the judge should order any bond

deposited exonerated. The person posting the bail may also beexonerated if the defendant is surrendered to the sheriff at any timewhile the case is pending. I.C. 19-2924(2).

If the defendant appears before the court within 180 days of theforfeiture, the court shall rescind the forfeiture and exonerate the

bond. Exoneration also occurs when the clerk fails to timely send aNotice of Forfeiture when the defendant fails to appear. I.C.R.46(g); I.C. 19-2927 & 19-2929. This means the person whoposted the bond is discharged from liability and, in the case of acash bond, is entitled to receive their money back. I.C.R. 46(g); I.C. 19-2927.

Thus, it is important that the Notice of Forfeiture is timely sent.

ConversionAfter a case is disposed of, the judge may order any cash baildeposited converted to pay fines and fees. I.C. 19-2923.


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NO CONTACT ORDERS IN CRIMINAL CASES


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When a person is charged with an offense under IC 18-901, IC 18-903, IC 18-905, IC 18-907, IC 18-909, IC 18-911, IC 18-913, IC 18-915, IC 18-918, IC 18-919, IC 18-6710, IC 18-6711, IC 18-7905, IC 18-7906 or IC 39-6312, or any otheroffense for which a court finds that a no contact order is appropriate,an order forbidding contact with another person may be issued. I.C. 18-920(1).

A no contact order shall be in writing and must be personally servedupon the defendant. I.C.R. 46.2(a). No Contact Orders must have aspecific termination date when issued. I.C.R. 46.2(a)(3). Each

judicial district shall adopt by administrative order a form for nocontact orders for that district. I.C.R. 46.2(a). A no contact order may be imposed by order of the court or by an

Idaho criminal rule, as a condition of bond. I.C. 18-922(l). No bondshall be set for violation of a no contact order until the personcharged is brought before the court which will then set bond. M.C.R.

13(b).

NOTE:The clerk should have a supply of no contact orders, ordersmodifying and orders dismissing on the bench for the judge tofill out in open court.


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WITHHELD JUDGMENTS AND EXPUNGEMENTS

General Principles / Definitions


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General Principles / Definitions When a defendant is convicted of a crime either by a finding of guilt or his guilty plea

being accepted by the court, the court then sets a time for the defendantssentencing. See generally United States of America v. Sharp, 145 Idaho 403, 179P.3d 1059 (2008) and Idaho Code 19-2501.

At sentencing, an option of the judge is to withhold judgment and place the defendanton probation. See Idaho Code 19-2601 (3) and (5). The advantage of a withheld

judgment is at the completion of the probation, if the defendant has at all timescomplied with the terms and conditions of his probation, the court may set aside thedefendants plea of guilty or conviction, and dismiss the case. See Idaho Code 19-2604(1).

In felony cases involving withheld judgments, the final dismissal of the case restoresto the defendant his civil rights. See Idaho Code 19-2604(1).

When the Court can grant Withheld Judgment

Withheld judgments are authorized in felony and misdemeanor cases by the IdahoCode and Court Rules. I.C. 19-2601(3), M.C.R. 10.

There are some crimes for which a withheld judgment is not allowed. I.C. 19-2604.Otherwise, the judge has the discretion of whether to grant a withheld judgment or

not. Before granting such a judgment, the judge is required to consider several factors

listed in the Misdemeanor Criminal Rules. M.C.R. 10(a). A judge cannot grant asecond or subsequent withheld judgment unless there are extraordinarycircumstances. M.C.R. 10(b), (c).

The magistrate court is required to use an Order Withholding Judgment in the formset forth in the Misdemeanor Criminal Rules. M.C.R. 10(d). A withheld judgmentmay not be granted in an infraction case.

Effect of Withheld Judgment Upon application of the defendant at the end of the period of time


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Upon application of the defendant at the end of the period of timedetermined at sentencing for the withheld judgment (usually thesame amount of time as probation for the charge), and uponsatisfactory showing that the defendant has complied with the terms

and conditions of probation, the court may terminate the sentence orset aside the plea of guilty or conviction and finally dismiss the caseand discharge the defendant. I.C. 19-2604(1).

Such a dismissal restores the defendant his or her civil rights.

Revocation of a withheld judgment.On some occasions a withheld judgment may be revoked bythe court for any number of reasons including but not limitedto:

The Court determines that the defendant has been granted aprevious withheld judgment in the past.

The defendant violates the probation on the case and the sentenceis modified and the withheld is revoked and a different sentence isimposed.


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