COVID-19, Courts & Crime

Things are changing on a daily basis in ways that are unparalleled. The criminal court system is already overburdened. The Honorable Judge Melissa Moody, the Administrative Judge for the Fourth Judicial District of Idaho, discussed how the court system will be impacted after Governor Brad Little issued a statewide stay-home order on Wednesday, March 25, 2020.[1] Judge Moody indicated that it is anticipated that the Ada County Courthouse will be closed to the public as of March 30, 2020. Access to the courthouse has already been severely restricted. Critical proceedings will be held via video conferencing. Examples of critical proceedings are arraignments and preliminary hearings in criminal cases when people are in jail. The Idaho Supreme Court issued an Order “In Re: Emergency Reduction in Court Services and Limitation of Access to Court Facilities.”[2] Idaho Criminal Rule 28 was also adopted by the Idaho Supreme Court,[3] which implicates a person’s right to a speedy trial. Pursuant to Rule 28, a court may take into a consideration whether the trial was delayed as a result of a declaration of an emergency by the President of the United States or the Governor of Idaho.[4]

The court system has all but come to a grinding halt. Of course, I recognize that we are in a time of an unprecedented national emergency; however, it is important that we remain vigilant in safeguarding people’s rights. It is a dangerous and slippery slope to allow the government to have discretion when it comes to those rights. The government is not going to stop charging people with crimes or incarcerating people who are innocent until proven guilty. It is critical that those people have access to attorneys. It is our responsibility to make sure these rights are not eroded, regardless of the reason.

Did you get a citation you need to pay? You can pay that citation online at:  https://mycourts.idaho.gov/odysseyportal/Home/Dashboard/17

[1] The Honorable Judge Melissa Moody was interviewed by Gemma Gaudette on “Idaho Matters,” a Boise State Public Radio program. The interview is accessible at: https://www.boisestatepublicradio.org/post/idaho-court-system-will-look-different-during-coronavirus-stay-home-order.

[2] Accessible at: https://isc.idaho.gov/EO/Emergency-Reduction-Order.pdf.

[3] Accessible at: https://isc.idaho.gov/EO/Final-Rule-28-Order.pdf.

[4] Idaho Criminal Rule 28, see factor #4.