Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

J

Judgments
Guideline 1/14/1994 - Child support judgment is a lien for five years from date of judgment or the date of a renewed judgment.

Guideline 10/14/1994 - State district court judgment may be enforced on reservation in an action brought in tribal court.

Judicial
Opinion 76-24 - Legality of lay person serving as Justice of Supreme Court if appointed by Governor.

Opinion 76-28 - Effective date of increased filing fees.

Opinion 76-33 - Required and discretionary appropriations to district court fund. Options if fund is insufficient.

Opinion 76-49 - Responsibility for District Court Fund.

Opinion 78-21 - Creation, appointment and term of new district judgeship.

Opinion 78-24 - Resignation and subsequent eligibility for appointment of magistrate.

Opinion 78-36 - Limitations to accumulated balances of district court funds.

Opinion 78-45 - Exemption of state judiciary and staff from statutory travel and per diem allowances.

Opinion 79-2 - Power to determine suitable facilities for district court and to administer District Court Fund.

Opinion 79-9 - Court’s power limited to imposing either maximum or fixed term sentence.

Guideline 10/15/1979 - Legality of accepting honorariums for professional services to another state agency.

Opinion 81-2 - Authority and function of grand jury.

Opinion 83-1 - Fines and forfeitures levied as condition of withheld judgment for violation of local ordinance must be distributed by county auditor in accord with 10/90 statutory formula.

Opinion 83-1 - Fines and forfeitures levied as condition of withheld judgment for violation of local ordinance must be distributed by county auditor in accord with 10/90 statutory formula.

Opinion 83-11 - Sheriff has responsibility and county must bear the expense of transporting inmates from prison to county where inmate’s attendance in court is required.

Opinion 83-12 - Court powers and duties in handling petitions filed under Youth Rehabilitation Act.

Opinion 83-12 - Powers and duties of prosecutors and courts in handling petitions filed under Youth Rehabilitation Act.

Guideline 2/9/1983 - Propriety of diverting surplus money in District Court Fund to other departments.

Guideline 2/9/1983 - Remedies available to ensure sufficient funding for courts, absent adequate appropriation.

Opinion 85-5 - Appointment of member of judiciary to Children’s Trust Account would violate separation of powers clause.

Opinion 87-3 - Duty of sheriff to attend courts; court authority to appoint court attendants other than sheriff.

Opinion 87-10 - District court may appoint special prosecutor when board of county commissioners is unable to fill vacancy in office of prosecuting attorney.

Guideline 9/10/1987 - 1987 amendments to legal rate of interest upon judgments apply only to causes of action which accrue on and after July 1, 1987.

Guideline 7/18/1988 - Once custody of child is in department of health and welfare, judge may recommend, but not order, department to carry out particular placement or treatment programs.

Guideline 4/5/1991 - Fines and forfeitures for violations of city ordinances, which would otherwise be misdemeanors under state criminal code, must be apportioned to city.

Guideline 12/2/1993 - Idaho Judicial Council has statutory duty to submit list of judicial candidates to governor, and Idaho Supreme Court Chief Justice sitting as presiding member does not violate separation of powers principles.

Certificate 2/11/2002 - Initiative Regarding Judicial Accountability Initiative Law.

Certificate 2/4/2005 - The Idaho Judicial Accountability Act of 2006.

Juries
Guideline 4/14/1989 - Person who has been convicted of felony and has had civil rights restored is eligible for jury service, but will be removed if challenge for cause is interposed by a party to lawsuit.

Certificate 2/17/2010 - Initiative Petition Regarding Informed Jury Act.

Juvenile Corrections
Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have responsibility to fund educational services for juvenile committed to their legal custody if such juvenile is educated at private facility; responsibility shifts to local school district if juvenile is accepted into public educational system; funding responsibility does not vary depending upon residence of juvenile.

Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have authority to contract with private residential facilities for placement and education of juvenile committed to their legal custody.

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