The Idaho Supreme Court has ordered courts across the state to reduce operations through April 15, because of the directive to self-isolate issued by Idaho Health and Welfare Director Dave Jeppesen, which was directed by Idaho Gov. Brad Little on Wednesday.

The order, signed by Idaho Chief Justice Roger Burdick, is another step to reduce person-to-person contact while still having functional courts during the coronavirus pandemic.

The Idaho Supreme Court began issuing orders changing court operations throughout the state on March 13, and issued an amended order Monday.

This new order, which supersedes the previous orders, was issued and distributed to courts in Idaho on Thursday.

“During this time of reduced operations, only emergency hearings will be conducted,” the order said.

Those emergency hearings were defined as in-custody arraignments, in-custody preliminary hearings, civil protection order hearings, emergency guardianship proceedings, child protection proceedings, termination of parental rights hearings, adoptions, juvenile detention hearings, civil mental commitment proceedings, civil injunctions and restraining orders, family law injunctions and temporary restraining orders, and eviction actions where the eviction is based on the delivery, use or production of illegal drugs.

The Idaho Supreme Court also ordered the emergency hearings should be conducted by phone or video teleconferencing to the extent possible.

The order gives specific direction as to who should, and could, be in the courtroom in the case of in-person hearings.

In civil cases, only required court personnel, attorneys, parties and necessary witnesses will be allowed.

In criminal cases, attendance is reduced to required personnel, attorneys, parties, victims and necessary witnesses. Public access to individual proceedings may be requested, but permission is at the discretion of the presiding judge.

The order defined minimum operating personnel for each court facility to include one front desk deputy clerk and one courthouse security officer to limit access to court facilities. During hearings, an additional deputy clerk and a judge are required. If the hearing must be held in person, then at least one additional court security officer would be required.

No jury panels can be called during the time frame of the order and all criminal jury trials scheduled between March 26 and April 30 are to be continued. The order can be used by judges as “good cause” to deny any motions to dismiss a criminal case based on time requirements in Idaho criminal code.

Existing grand jury panels, at the discretion of the court that summoned them, may be extended to May 22.

The 21-day preliminary hearing requirement for out-of-custody defendants is waived through the order’s effective dates.

New pleadings and filings in cases will still be received by the courts. Filing dates for deadlines between March 26 and April 15 are extended to April 16.

Motions may be processed without a hearing after parties are notified. “A presiding judge may, without conducting a hearing, decide any motion where briefing has been completed or the deadline for completing briefing expired prior to the entry of this order,” the order said.

The order does not extend any deadline for a party to comply with a nonprocedural order or judgment of the court such as producing discovery documents, paying child support, complying with a parenting time schedule, or transferring title to property.

The order also does not extend any statutory period to file a complaint, counterclaim or cross claim or to initiate any claim for relief. County clerks are encouraged to establish drop boxes for traditionally filed documents. Idaho attorneys already are required to file electronically.

The Idaho Supreme Court is vacating all of its hearings in April. Any party seeking to object to the order because they want to present an oral argument before the court may make those objections through email within seven days of March 26 to Karel Lehrman, Clerk of the Idaho Supreme Court, at Klehrman@idahocourts.net. Rulings on those objections will be done without oral argument.

Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.