Theadvocate Official Publication of the Idaho State Bar Volume 54, No

Total Page:16

File Type:pdf, Size:1020Kb

Theadvocate Official Publication of the Idaho State Bar Volume 54, No TheAdvocate Official Publication of the Idaho State Bar Volume 54, No. 8 August 2011 Sponsored by the Indian Law Section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he Advocate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| COEUR D’ALENE 208.667.7993 | SPOKANE 509.353.3898 SEATTLE 206.667.8989 | BELLEVUE 425.709.5500 | PORTLAND 503.778.7077 The Advocate$XJXVW Families Struggling with Alzheimer’s, Dementia and Other Chronic Health Care Issues Need Expert Assistance Sisson & Sisson, The Elder Law Firm, PLLC The Care Management Team, LLC Life Care Planning z Medicaid & Estate Planning Protecting Your Quality of Care and Quality of Life $VVHW3URWHFWLRQ%HQH¿WV3ODQQLQJ Care Management, Coordination, and Advocacy &RPSUHKHQVLYH/HJDODQG)LQDQFLDO3ODQQLQJ &RPSUHKHQVLYH&DUH0DQDJHPHQW6HUYLFHV )RU6HQLRUVDQG'LVDEOHG3HUVRQV )RU3HUVRQV:LWK&KURQLF+HDOWK&DUH&RQFHUQV ¾ Asset protection3URWHFWLRQRIWKHKRPHRWKHUUHDO ¾ A team of nurses and social workers DVVLVWLQJ SURSHUW\DQGOLIHVDYLQJVIRUVSRXVHDQGFKLOGUHQ GLVDEOHGDQGROGHUSHRSOHDQGWKHLUIDPLOLHV¿QGZD\V ¾ Estate planning (OGHU ODZ IRFXVHG GRFXPHQWV WR WRJDLQWKHJUHDWHVWGHJUHHRILQGHSHQGHQFHVDIHW\DQG SURWHFWVHQLRUFOLHQWVIDFLQJORQJWHUPFDUHFRVWV FRPIRUW ¾ 0HGLFDLG DQG 9HWHUDQ¶V EHQH¿W SODQQLQJ ¾ On-site needs assessmentsDQGGHYHORSPHQWRIFDUH &RPSUHKHQVLYH SODQQLQJ WR KHOS SD\ IRU H[SHQVLYH SODQDQGUHFRPPHQGDWLRQV$GYRFDF\DQGFRRUGLQDWLRQ QXUVLQJKRPHDQGRWKHUORQJWHUPFDUHFRVWV ZLWK KHDOWK FDUH SURYLGHUV LQVXUHUV 0HGLFDUH DQG 0HGLFDLG&ULVLVLQWHUYHQWLRQPDQDJHPHQWDQGIROORZ ¾ Family empowerment in times of great need7KH WKURXJKZLWKVWDWXVUHSRUWVWRORYHGRQHV SRZHUWREHLQIRUPHGDQGWRDFKLHYHDOOWKHEHQH¿WV WKH\DUHHQWLWOHGWRZKLOHSURWHFWLQJDVVHWVORYHGRQHV ¾ Assistance with transitionsWRLGHQWLI\LQKRPHFDUH DQGLQGHSHQGHQFH UHVRXUFHV DSSURSULDWH DVVLVWHG OLYLQJ IDFLOLWLHV RU QXUVLQJKRPHVDQGIDFLOLWDWLQJWKHWUDQVLWLRQ2QJRLQJ PRQLWRULQJRIFDUHWKHUHDIWHU ¾ Peace of mindIRUWKHHQWLUHIDPLO\ )RU¿YH\HDUV7KH(OGHU/DZ)LUPHPSOR\HGDKHDOWKFDUHSURIHVVLRQDOWRKHOSLWVVHQLRUFOLHQWVDQGWKHLUIDPLOLHV FRRUGLQDWHFDUHLVVXHV,Q3HWH6LVVRQIRUPHG7KH&DUH0DQDJHPHQW7HDPWRPRUHFRPSUHKHQVLYHO\DGGUHVV DOOWKHKHDOWKFDUHLVVXHVIDFHGE\VHQLRUVZLWKFKURQLFLOOQHVV±LVVXHVWKDWQHHGRQJRLQJDGYRFDF\DQGLQWHUYHQWLRQ 7KH&DUH0DQDJHPHQW7HDPLVFRPSRVHGHQWLUHO\RIOLFHQVHGSURIHVVLRQDOV QXUVHVDQGVRFLDOZRUNHUV ZKRKDYH LQGHSWKH[SHULHQFHLQJHULDWULFDQGORQJWHUPFDUHLVVXHVDQGXQGHUVWDQGWKHKHDOWKFDUHV\VWHPLWVFRPSOH[LWLHV UHVRXUFHVDQGVHUYLFHV 3HWH6LVVRQLVD1DWLRQDO%RDUG&HUWL¿HG(OGHU/DZ$WWRUQH\ ZZZQHOIRUJ DQGD9$$FFUHGLWHG$WWRUQH\6LQFH 7KH(OGHU/DZ)LUPKDVKHOSHGWKRXVDQGVRI,GDKRVHQLRUVDQGWKHLUIDPLOLHVDYRLGWKH¿QDQFLDOUXLQWKDWLV FDXVHGE\ORQJWHUPFDUHFRVWV Sisson & Sisson, The Elder Law Firm, PLLC The Care Management Team, LLC Life Care Planning z Medicaid & Estate Planning Protecting Your Quality of Care and Quality of Life :-HIIHUVRQ6W%RLVH,' :-HIIHUVRQ6W%RLVH,' 7HO 7HO ZZZ,GDKR(OGHU/DZFRP ZZZ7KH&DUH0DQDJHUVFRP 4 The Advocate$XJXVW The Advocate 7KH2I¿FLDO3XEOLFDWLRQRIWKH,GDKR6WDWH%DU $XJXVW Columns Feature Articles 3UHVLGHQW¶V0HVVDJHReed W. Larsen Section Welcome ([HFXWLYH'LUHFWRU¶V5HSRUWDiane K. Minnich Brian P. McClatchey News and Notices Tribal Sovereignty, Jurisdiction, Zoning, &RQWLQXLQJ/HJDO(GXFDWLRQ &/( ,QIRUPDWLRQ and Environmental Regulations 'LVFLSOLQH Charissa A. Eichman 1HZV%ULHIV 'LVWULFW%DU$VVRFLDWLRQ5HVROXWLRQ0HHWLQJV A Jury of Their Peers: Can a Native American ,GDKR&RXUWRI$SSHDOVDQG,GDKR6XSUHPH&RXUW Defendant Be Tried by a Jury of His Peers &DVHV3HQGLQJ in the United States? ,Q0HPRULDP 2I,QWHUHVW Jason Brown 49 &ODVVL¿HGV The Native Law Program at the University of Idaho: A Third Year of Success Angelique EagleWoman The Tribal Law and Order Act of 2010: Toward Safe Tribal Communities Brian P. McClatchey Protections Available to Victims of Domestic Violence: No Contact Orders, Civil Protection Orders, and Other Options Annie Pelletier Kerrick 36 Title VII Retaliation against Third Parties under Thompson v. North American Stainless, LP Mark DeMeester 38 E-Editing: Time Saving Tips Tenielle Fordyce-Ruff Advocates in Action Stephen A. Stokes 2011 Distinguished Lawyers On the Cover Federal Prisoner Rights Case Gets Pro Bono 7KHFRYHUSKRWRJUDSKZDVWDNHQEHWZHHQ=LRQ¶V1D- WLRQDO3DUNLQVRXWKHUQ8WDKDQGWKH*UDQG&DQ\RQ Firepower: James Huegli Finds Meaning LQ$UL]RQD E\ %RLVH DWWRUQH\ 0RQWH 6WLOHV 6WLOHV LV Helping Inmates, Evading Pirates and Giving DQDYLGRXWGRRUSKRWRJUDSKHU+LVZRUNLVIHDWXUHGDW Back ZZZPRQWHVWLOHVFRP Dan Black Section Sponsor 7KLV LVVXH RI The Advocate LV VSRQVRUHG E\ WKH ,QGLDQ /DZ6HFWLRQ Cover art sought %DUPHPEHUVDUHHQFRXUDJHGWRVHQGWKHLUGLJLWDOSKRWRV WR0DQDJLQJ(GLWRU'DQ%ODFNDWGEODFN#LVELGDKRJRY Editors 6SHFLDOWKDQNVWRWKH$XJXVWHGLWRULDOWHDP+RQ .DWKU\Q$6WLFNOHQ%ULDQ.DQHDQG6FRWW5DQGROSK Letters to the Editor The AdvocateZHOFRPHVOHWWHUVWRWKHHGLWRURUDUWLFOHVXE- PLVVLRQVRQWRSLFVLPSRUWDQWWRWKH%DU6HQG\RXULGHDV WR0DQDJLQJ(GLWRU'DQ%ODFNDWGEODFN#LVELGDKRJRY The Advocate$XJXVW Healthcare costs are a +/2 ÐHMÐO@QSMDQRGHOÐVHSGÐSGDÐ growing concern. (C@GNÐ2S@SDÐ!@Q ÐG@RÐ@ÐRNKTSHNM AQ?KCK@CPMDRFC'B?FM1R?RC ?PWMS?PC CLRGRJCBRM?NNJWDMPN?PRGAGN?RGMLGL?QCJD DSLBCB #NDRÐXNTQÐÆQLÐG@UDÐSGDÐ EPMSNFC?JRFNJ?LR?GJMPCBRMKCCRRFCQNCAGjA LCCBQMDJ?UWCPQ?LBJ?UjPKCKNJMWCCQ ADMDÆSÐOK@MÐXNTÐMDDC +CK@CPQUGJJ@CLCjRDPMK q/S?JGRW!MTCP?EC q!MKNCRGRGTC0?RCQ q1SNCPGMP!SQRMKCP1CPTGAC q4MGACGL.J?L"CQGEL?LB+?L?ECKCLR q*MLE 2CPK1R?@GJGX?RGMLMD&C?JRF CLCjR!MQRQ 2FC.J?LGQLMRGLQSP?LAC?LBBMCQLMRN?PRGAGN?RCGLRFCQR?RCES?P?LRW?QQMAG?RGML UUU 'B?FM*?UWCP CLCjR AMK %NQÐLNQDÐHMENQL@SHNMÐB@KKÐ1 (800) FOR-ALPS Copyright© 2011 The Idaho The State Bar. The editorial contents of this publication are the Advocate opinions of the authors and 2IILFLDO3XEOLFDWLRQRIWKH,GDKR6WDWH%DU do not necessarily represent or MANAGING EDITOR BOARD OF COMMISSIONERS UHÁHFWWKHSROLFLHVRURSLQLRQVRI Dan Black Reed W. Larsen, President the Idaho State Bar. The Advocate EXECUTIVE DIRECTOR Paul W. Daugharty, Commissioner has the authority to edit material Diane K. Minnich Molly O’Leary, Commissioner submitted for publication. Appearance of an advertisement in The William H. Wellman, Commissioner EDITORIAL Advocate does not constitute a recommendation or endorsement Robert T. Wetherell, Commissioner ADVISORY BOARD by The Advocate or the Idaho State Bar of the goods or services John N. Zarian, Chairperson ADVOCATE STAFF offered therein. The Idaho State Bar Editorial Advisory Board Sara M. Berry Dan Black reserves the right to reject advertising determined not to be in Thomas H. Clark Managing Editor keeping with the publication’s standards. Tenielle Fordyce-Ruff [email protected] The Advocate (ISSN 05154987) is published the following months: Daniel J. Gordon Bob Strauser Brian P. Kane Senior Production Editor January, February, March, April, May, June, August, September, Gene A. Petty Advertising Coordinator October, November, and December by the Idaho State Bar, Scott E. Randolph [email protected] 525 W. Jefferson Street, Boise, Idaho 83702. Subscriptions: Jennifer M. Schindele Kyme Graziano Idaho State Bar members receive The Advocate as part of their Hon. Kathryn A. Sticklen Member Services Assistant annual dues payment. Nonmember subscriptions are $45 per Brent T. Wilson LRS Coordinator year. Periodicals postage paid at Boise, Idaho. Commissioner Liaison [email protected] Molly O’Leary POSTMASTER: Send address changes to: www.idaho.gov/isb The Advocate (208) 334-4500 P.O. Box 895 Boise, Idaho 83701 6 The Advocate$XJXVW Fraud Investigations | Fraud Detection
Recommended publications
  • The Advocate November 2007
    The OfficAial Pubdlicatiovn of othe IdcahoaStatetBaer Volume 50, No. 11 November 2007 Attorney’s Oath or Affirmation “I do Solemnly Swear That: (I do solemnly affirm that:) I will support the Constitution of the United States and the Constitution of the state of Idaho. I will abide by the rules of professional conduct adopted by the Idaho Supreme Court. I will respect courts and judicial officers in keeping with my role as an officer of the court. I will represent my clients with vigor and zeal and will preserve invio - late their confidences and secrets. I will never seek to mislead a court or opposing party by false state - ment or fact or law and will scrupulously honor promises and com - mitments made. I will attempt to resolve matters expeditiously and without unneces - sary expense. I will contribute time and resources to public service, and will never reject, for any consideration personal to myself, the cause of the defenseless or oppressed. I will conduct myself personally and professionally in conformity with the high standards of my profession. SO HELP ME GOD. ( I hereby affirm.)” This issue of The Advocate is sponsored by the Idaho Legal History Society FEATURE ARTICLES The 9 Welcome from the Idaho Legal History Society Hon. Gaylen L. Box 11 Idaho’s Founders and Their Mormon Test Advocate Oath MANAGING EDITOR BOARD OF Dennis C. Colson Jeanne S. Barker COMMISSIONERS EXECUTIVE DIRECTOR Andrew E. Hawes, President 16 Titans Tug of War Diane K. Minnich Terrence R. White, Hon. David L. Evans Commissioner EDITORIAL Dwight E. Baker, 20 The Life & Death of Idaho’s Loyalty Oath ADVISORY BOARD Commissioner Kathleen R.
    [Show full text]
  • Judicial Branch
    JUDICIAL BRANCH Silver Mountain Ski Area looking south to the St. Joe Mountains Photo Courtesy: Steve Lee JUDICIAL BRANCH 193 STATE JUDICIAL DISTRICTS The Supreme Court, as supervisor of the entire court system, establishes statewide rules and policies for the operation of its functions and that of the district courts. The state is divided into seven judicial districts, each encompassing four to ten counties. This regional structure is designed to delegate authority to the judicial districts and to insure their participation in policy decisions while maintaining uniform, statewide rules and procedures. An administrative district judge, chosen by the other district judges in the district, performs a number of administrative duties in addition to handling a judicial case load. The administrative district judge, assisted by a trial court administrator, manages court operations in the district, assigns judges to cases, and coordinates activities of the clerks of the district courts. Final recommendations for local court budgets and facili- ties are made by the administrative judge, as well as personnel decisions for the district. The administra- tive judge also jointly supervises the deputy clerks of the district courts. The administrative judge additionally serves as chair of the dis- trict magistrates commission, a representa- tive body of county commissioners, mayors, citizens, and private attorneys which, among other things, appoints magistrate judges to their initial terms of office. 194 IDAHO BLUE BOOK IDAHO COURTS Idaho’s court system today is recognized as a model for other states. Constitutional amendments in the early 1960’s gave the Idaho Supreme Court management authority over the trial courts, firmly establishing the Supreme Court’s rule making powers and providing a method of supervising trial operations.
    [Show full text]
  • Dreamers and Visionaries: the History of ADR in Idaho, 46 Idaho L
    UIdaho Law Digital Commons @ UIdaho Law Articles Faculty Works 2009 Dreamers and Visionaries: The iH story of ADR in Idaho Maureen Laflin University of Idaho College of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.uidaho.edu/faculty_scholarship Part of the Dispute Resolution and Arbitration Commons Recommended Citation 46 Idaho L. Rev. 177 (2009) This Article is brought to you for free and open access by the Faculty Works at Digital Commons @ UIdaho Law. It has been accepted for inclusion in Articles by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. +(,121/,1( Citation: Maureen E. Laflin, Dreamers and Visionaries: The History of ADR in Idaho, 46 Idaho L. Rev. 177 (2009) Provided by: University of Idaho Law Library Content downloaded/printed from HeinOnline Thu Apr 25 16:16:49 2019 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device DREAMERS AND VISIONARIES: THE HISTORY OF ADR IN IDAHO MAUREEN E. LAFLIN* Nothing ever rose to touch the sky unless some dreamed that it could, still others believed it should, and finally others willed it would. - Randy Lowryt TABLE OF CONTENTS I. IN TR O D U CTIO N ............................................................................
    [Show full text]
  • Idaho Native Keith Allred Answers a Resounding "Yes" to That Question, and Now Has a National Platform to Try and Make That Happen
    #2407 - 04/26/2019 Keith Allred Can we all just get along better? Idaho native Keith Allred answers a resounding "yes" to that question, and now has a national platform to try and make that happen. In this Dialogue episode, Allred, the new executive director of the National Institute for Civil Discourse (NICD), talks with host Marcia Franklin about his vision. Allred, the Democratic nominee for the Idaho governorship in 2010, is a mediator who founded The Common Interest, a multi-party citizens' group that studied Idaho legislative issues and came to a consensus on positions. He is taking that model to a national level with a new initiative at NICD called "CommonSense American." Although political rancor is high right now, Allred just sees that as an opportunity for positive change. "I have never been more optimistic than I am today," he tells Franklin. Mr. Allred graduated from Twin Falls High School, and received an undergraduate degree from Stanford University and a Ph.D. from UCLA. #2406 - 01/11/2019 Columnist Nicholas Kristof Host Marcia Franklin talks with Pulitzer Prize-winning New York Times columnist Nicholas Kristof. Kristof was in Boise in October, 2018 to address the fall conference of the Idaho Women’s Charitable Foundation. The two discuss Kristof's views on current social issues in America. His next book will look at those concerns, focusing on his hometown of Yamhill, Oregon. Kristof talks about programs he believes would help ameliorate the problems, and they also discuss the role of private philanthropy. Franklin also asks Kristof about international topics, as he spends much of his time reporting from foreign countries, and he shares his thoughts on which of his stories he’s most proud.
    [Show full text]
  • First 50 Women in Idaho
    Cover designed by Dave Heneise © 2005. Women shown on cover from top to bottom and left to right: M. Pearl McCall, Edith Miller Klein, Kate Nevile Feltham, Karen Orndorff Vehlow, Margaret Beall Connell, Zoe Ann Warberg Shaub, Maxine Whitney, Darla Sanders Williamson, and Linda Jean Cook. By Debora K. Kristensen 2005 Acknowledgements Gathering the personal and professional biographies of Idaho‘s first 50 women admitted to the Bar has been a passion of mine for the past year which would not have been possible without the unselfish help and cooperation of many people. Although I am sure to miss someone (and for that I apologize in advance), I would like to thank and acknowledge the following people and organizations that have helped make this ―First 50‖ project a reality: Justice Robert E. Bakes, Jeanne Barker, Michele Bartlett, Cameron Burke, Carl Burke, University of Idaho College of Law Dean Don Burnett, Laura Burri, Joan Cartan-Hansen, Liz Clark, Paula Coburn, Donna Dimino, Allyn Dingel, Stephanie Ebright, Ellen Scott Elliott, Dick Fields, Leslie Goddard, Michael Greenlee, John Hasko, Dave Heneise, Susan Heneise, Kendra Hooper, Idaho Women Lawyers, Inc., Justice Byron Johnson, Jacquelyn Jurkins, Rinda Just, Judge Karen L. Lansing, Monique Lillard, Fred Lyon, Emily Mac Master, Phyllis Martin, Kelly Greene McConnell, Jack Miller, Diane Minnich, Deb Nelson, Kaye O‘Riordan, E. W. Pike, Dan Popkey, John Rosholt, Rita Ryan, Angela Sasser, Rhea Schroeder, John M. Sharp, Judge Randy Smith, Annette Strauser, Roger Swanstrom, Glenda Talbutt, Patti
    [Show full text]
  • The Standard of Care for Health Providers in Idaho
    UIdaho Law Digital Commons @ UIdaho Law Articles Faculty Works 2008 The Standard of Care for Health Providers in Idaho Monique C. Lillard University of Idaho College of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.uidaho.edu/faculty_scholarship Part of the Medical Jurisprudence Commons, and the Torts Commons Recommended Citation 44 Idaho L. Rev. 295 (2008). This Article is brought to you for free and open access by the Faculty Works at Digital Commons @ UIdaho Law. It has been accepted for inclusion in Articles by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. Content downloaded/printed from HeinOnline Tue Nov 12 02:06:44 2019 Citations: Bluebook 20th ed. Monique C. Lillard, The Standard of Care for Health Care Providers in Idaho, 44 Idaho L. Rev. 295 (2008). ALWD 6th ed. Monique C. Lillard, The Standard of Care for Health Care Providers in Idaho, 44 Idaho L. Rev. 295 (2008). APA 6th ed. Lillard, M. C. (2008). The standard of care for health care providers in idaho. Idaho Law Review, 44(2), 295-360. Chicago 7th ed. Monique C. Lillard, "The Standard of Care for Health Care Providers in Idaho," Idaho Law Review 44, no. 2 (2008): 295-360 McGill Guide 9th ed. Monique C Lillard, "The Standard of Care for Health Care Providers in Idaho" (2008) 44:2 Idaho L Rev 295. MLA 8th ed. Lillard, Monique C. "The Standard of Care for Health Care Providers in Idaho." Idaho Law Review, vol. 44, no. 2, 2008, p.
    [Show full text]
  • Federal Reserved Water Rights As a Rule of Law Michael C
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Idaho College of Law Idaho Law Review Volume 52 | Number 1 Article 9 February 2019 Federal Reserved Water Rights as a Rule of Law Michael C. Blumm Follow this and additional works at: https://digitalcommons.law.uidaho.edu/idaho-law-review Recommended Citation Michael C. Blumm, Federal Reserved Water Rights as a Rule of Law, 52 Idaho L. Rev. 369 (2019). Available at: https://digitalcommons.law.uidaho.edu/idaho-law-review/vol52/iss1/9 This Article is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Law Review by an authorized editor of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. FEDERAL RESERVED WATER RIGHTS AS A RULE OF LAW MICHAEL C. BLUMM* Reserved water rights—in which the federal government retains suffi- cient water to carry out the purposes of federal land reservations1—have never been popular among the Western water diversion lobby, some of whom view these federal water rights with alarm and steadfast opposition. Alt- hough first articulated by the Supreme Court over a century ago,2 federal water rights are seen throughout the West as a threat to established rights holders because their early priority dates could defease what they assumed were vested property rights.3 If there are actually any diverters who’ve been * Jeffrey Bain Faculty Scholar & Professor of Law, Lewis and Clark Law School. Many thanks to Hope Babcock, Reed Benson, Barb Cosens, Rob Glicksman, Eric Freyfogle, John Leshy, Zyg Plater, and Sandi Zellmer for commenting on a draft of this essay.
    [Show full text]
  • Idaho Statehouse, Where Democrats Are Scarce
    Boise - Airport At Homco it is our pleasure to offer you the finest quality homes built to fit your own unique lifestyle. We will diligently see every detail through to completion right down to the last sprinkler head. Come visit Homco Quality homes in these communities: Lexington Hills • Millcreek Banbury Meadows Lisa Marie Goold • 208-850-0556 Hom• co Keller Williams Realty, Boise www.Homcolnc.com DESIGN•BUilD .; ... .. - ~ . .. ••• •.. • • ..:·!'' . ·• ....... ~· , (. ~· · .... ;~ · ·, .. .... ·: .. ~· . .. • • .•!' • • ••. .. .•• .. ...... (. ... •. ....... ... • •. .. ..... ... • • • ·" . .; • .. .. • • .. .. .•.. t ··: .;:· . .;r , . • -r. .• , · f .. ~- . ·~:. •. ·. ..... I • ..... ~- : ·. .· [I 1!1 D BOISE STATE UNIVERSITY VOL. XXVI, NO. 1 FALL 2000 FEATURES RARE BREED 20 Welcome to the Idaho Statehouse, where Democrats are scarce. BEHIND THE SCENES 23 Campaign manager works to keep GOP front-runner out in front. POLITICAL MARATHON 25 Democratic caucus director and distance runner faces an uphill race. DEMOS' WOES 26 Party leader: Beware, without diversity there is no dissent- not even dialogue. ONE SIDED? NAH 27 GOP chief" Republican dominance in Idaho isn't as vast as it seems. YOU BE THE JUDGE 28 Did partisan politics lead to Supreme Court justice's election loss? DEPARTMENTS FIRST WORD 7 CAMPUS NEWS 8 SEARCH 32 GIVING 35 ALUMNI PROFILES 36 ALUMNOTES 38 FOCUS is published quarterly by the Boise State Univen;ity Office of News Services. PRESIDENT: Charles Ruch You should know more PROVOST AND VICE PRESIDENT FOR ACADEMIC AFFAIRS: Daryl Jones VICE PRESIDENT FOR FINANCE AND ADMINISTRATION: Buster Nee! about southern Idaho! VICE PRESIDENT FOR STUDENT AFFAIRS: Peg Blake EDITOR: Larry Burke STAFF WRITERS: Janelle Brown, Bob Evancho, Kathleen Mortensen, Patricia Pyke. PHOTOGRAPHY: Chuck Scheer PHOTOGRAPHIC ASSISTANT: John Kelly EDITORIAL ASSISTANT/ TYPOGRAPHY&B renda Haight ALUMNI NEWS: Teresa Bow ADVERTISING SALES: P.V.
    [Show full text]
  • SYMPOSIUM PROGRAM University of Idaho Critical Legal Studies Journal
    SYMPOSIUM PROGRAM University of Idaho Critical Legal Studies Journal The Gavel Gap: Promoting Diversity in Idaho’s Judiciary 11:30 p.m. Registration 12:30 p.m. Welcome Wendy G. Couture, Associate Professor of Law, University of Idaho College of Law and Board of Directors, Idaho Women Lawyers Justine Groome, Editor-In-Chief, University of Idaho Critical Legal Studies Journal 12:45 p.m. Panel #1 Profiles of Idaho Judges of Color Panel Description This panel will explore state court diversity from the perspective of race, ethnicity, and national origin. Panelists have been asked to share their path to the judiciary and offer their perspective on whether there is a need for more judges of color in Idaho. Moderator: Sara Thomas, Administrative Director of Idaho courts Panelists Hon. Sergio A. Gutierrez, Idaho Court of Appeals Hon. Dayo O. Onanubosi, Magistrate Judge, Idaho Third Judicial District Court Hon. Jane Smith, Colville Tribal Court 1:45 p.m. Break #1 2:00 p.m. Panel #2 Profiles of Idaho Women Judges Panel Description This panel will explore state court diversity from the perspective of gender. Panelists have been asked to share their path to the judiciary and offer their perspective on whether there is a need for more women judges in Idaho. Moderator: Hon. Candy W. Dale, United States Magistrate Judge, District of Idaho Panelists Hon. Nancy Baskin, District Judge, Idaho Fourth Judicial District Court Hon. Molly J. Huskey, Idaho Court of Appeals Hon. Cynthia Jordan, Colville Tribal Court Justice Linda Copple Trout, Idaho Supreme Court (Ret.) 3:00 p.m. Break #2 3:15 p.m.
    [Show full text]
  • Aiming High, but Falling Short Three Dems Vie for Stennett’S Senate Seat Stennett’S Wife, Two Newcomers Seek Nod in Primary by Ben Botkin Times-News Writer
    51 / 29 PRIVATE PITCHER CSI freshman hurler A RARE FIND most comfortable in Hooded crane seen near Carey attracting bird his private world watchers from near and far >>> OUTDOORS 1 >>> SPORTS 1 Chance of rain. Business 4 NEW REGULATIONS FOR PHARMACIES >>> Idaho enforcing law requiring technicians to be state certified, BUSINESS 1 THURSDAY 75 CENTS May 6, 2010 TIMES-NEWS Magicvalley.com Aiming high, but falling short Three Dems vie for Stennett’s Senate seat Stennett’s wife, two newcomers seek nod in primary By Ben Botkin Times-News writer Three will vie this month for the Democratic nod for the District 25 Senate seat, where the incumbent, longtime Sen. Clint Stennett, D- Ketchum, has retired from the Legislature. The seat’s not exactly open, though. Sen. Michelle Stennett is running for the Democratic nod after filling in for ASHLEY SMITH/Times-News her husband in the North Valley Academy first-grader Natalia Licano pauses for a moment while reading with sixth-grader Sieyara Gaston, right, during class Tuesday in Gooding. According 2010 legislative to the Idaho Public Charter School Commission, the school fell short of state standards for writing, math and Idaho Standards Achievement Test scores. session. Clint Stennett left the Legislature to focus on his recovery Stennett Gooding charter school told it didn’t meet standards from brain cancer. Besides Michelle By Ben Botkin on the Idaho Standards sixth and eighth grades — wasn’t Stennett, David Times-News writer MORE ONLINE Achievement Test. Every grade in met, either. Maestas and Rob- READ the notice North Valley the school met this goal, with the For the charter school, it means ert Blakeley seek A Gooding charter school is not Academy received.
    [Show full text]
  • February 2021 Newsletter
    February News from IWF Idaho 2/18/21, 7(58 AM View this email in your browser Your IWF Idaho News February 2021 IWF Idaho Events We closed 2020 in December with a virtual Happy Hour. It was the perfect way to celebrate the joy of technology that made our IWF programs possible, and kicked off 2021 programming with Peggy Grove sharing her research on the indigenous women of Australia with Women Inscribed and Dr. Evelyn Johnson’s work to improve Arabic literacy. Both programs are available in our online archives, as are all our programs. We have received wonderful comments from members regarding the quality and diversity of our programs in 2020. It is all due to the willingness of our members to share their knowledge and experiences. We invite our new members, as well as all members, to please https://us12.admin.mailchimp.com/campaigns/preview-content-html?id=4823525 Page 1 of 13 February News from IWF Idaho 2/18/21, 7(58 AM explore the archives and let the Program Committee know if you would share part of what makes you very special as an IWF-Idaho member with the rest of us. Follow our annual calendar of events for news on upcoming events. Thanks to all, Evelyn Self, Program Chair Events in Review Women Inscribed by Dr. Peggy Grove Thank you, Dr. Peggy Grove! On Thursday January 14th, Dr. Peggy Grove presented on her research involving the artistic history of Ancient Aboriginal People. The images recorded on the rock faces on this private Aboriginal land were photographed by the author over ten years of living with the Aboriginal people in the stone country of northern Australia.
    [Show full text]
  • Idaho Attorney Stats
    2016 Presented by THE HAWLEY TROXELL WAY After a rigorous national survey, the votes are in – all five million of them — and sixteen Hawley Troxell attorneys have been chosen by their peers as The Best Lawyers in EXCELLENCE America©. The best and the brightest in the IN country providing the highest legal advice — The Hawley Troxell Way. Events2017 BUSINESS LAW IDAHO BUSINESS REVIEW Feb. 7, April 4, June 6, Aug. 8, Oct. 10, 2017 Forum 8-10 am • The Grove Hotel, Boise D. Jonathan Ashby Brian L. Ballard (2017) Litigation Labor and Employment (2005) Real Estate Law March 9, 2017 women Awards Dinner 5:30 - 9:30 pm • Boise Centre, Boise of the year Nomination Deadline Nov. 14, 2016 Steven W. Berenter Howard D. Burnett (2005) Employment Law Management, Health Care Law, (2010) Commercial Litigation, Corporate Law Labor Law Management, Litigation Labor and Employment May 23, 2017 Awards Dinner 5:30 - 9:30 pm • Riverside Hotel, Boise LAWYER OF THE YEAR® Merlyn W. Clark Nomination Deadline Feb. 16, 2017 Richard F. Goodson (1995) Arbitration, Bet-the-Company Litigation, Commercial (2011) Real Estate Law women Litigation and Mediation of theyear June 22, 2017 Awards Reception 5:30 - 9 pm • Location TBD Kenneth C. Howell Paula L. Kluksdal Nomination Deadline March 27, 2017 (2015) Banking and Finance Law, Corporate Law (2016) Real Estate Law Excellence Aug. 24, 2017 in LAWYER OF THE YEAR® FINANCE Awards and Power Lunch 11:30 – 1:30 pm • The Grove Hotel, Boise David W. Knotts John F. Kurtz Nomination Deadline April 8, 2017 (2015) Bankruptcy and Creditor Debtor Rights / Insolvency (2014) Construction Law, Insurance Law, Litigation Insurance & Reorganization Law and Commercial Litigation Sept.
    [Show full text]