On January 6, 2023, the Idaho Supreme Court issued its decision in Katseanes v. Katseanes. The decision addresses the enforceability of a trial court’s oral rulings and appellate review of criminal sanctions for contempt of court.
The facts. As part of a property settlement in a divorce, Jeff agreed to pay spousal support, which
On January 5, 2023, the Idaho Supreme Court issued its opinion in Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky v. State of Idaho. In a 3-2 decision, the Court upheld three Idaho laws severely restricting access to abortion. The justices covered a lot of ground in a majority opinion and two dissents spanning 139 pages, but this post will focus on the role of originalism in the Court’s analysis.
The Court grappled with, among other things, whether Article I, Section 1 of the Idaho Constitution guarantees in some form the right to an abortion. The five justices answered that question in three ways, revealing their differences in constitutional interpretation along the way. A careful analysis of those differences informs how advocates should present future state constitutional questions to the Court.
Starting with a point of commonality, the justices all agreed that the Court should start with the text. Article I, Section 1 says: “All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.” That list of inalienable rights does not mention abortion, but the list is also not exhaustive. So the justices were left to determine whether Article I, Section 1 contains an implicit right to abortion. The justices diverged on how to answer that question, which then of course led to different answers.Continue Reading Idaho Supreme Court Update: Originalism in Idaho
The facts. This case was previously before the Idaho Supreme Court in Latvala v. Green Enterprises, Inc., 168 Idaho 686, 485 P.3d 1129 (2021) (Latvala I). It concerns the scope of a prescriptive easement over a road to reach a land-locked parcel of land. The parcel was originally part of a patented mining claim, and the road was used for that purpose. The Latvalas purchased the parcel and sought an easement to use the road to construct a residence there. Neighboring landowners challenged the easement. In Latvala I, the Court affirmed the trial court’s ruling that the Latvalas had a prescriptive easement over the road but vacated its determination that the road could be used to construct a residence on the parcel.Continue Reading Idaho Supreme Court Update: Latvala v. Green Enterprises, Inc.
On December 7, 2022, the Idaho Supreme Court issued an opinion in Schiermeier v. State of Idaho. This post will focus not on the merits of that decision, but on the Court’s “necessary discussion regarding the conduct of counsel.”
In Idaho, out-of-state attorneys may practice law only if they associate with local counsel and apply for pro hac vice admission. Idaho Bar Commission Rule 227. Local counsel, at the very least, must familiarize out-of-state counsel with the standards and expectations governing the practice of law in Idaho, and ultimately local counsel “take[s] responsibility for the conduct of out-of-state counsel.” To discharge that duty, local counsel must sign all submissions (certifying that local counsel has read the submission) and appear at all proceedings with out-of-state counsel (unless the requirement has been waived).Continue Reading Idaho Supreme Court Update: The Importance of Local Counsel
The facts. Donald Blaskiewicz, M.D., a highly trained neurosurgeon, was employed by the Spine Institute of Idaho, P.A. (“Spine Institute”) pursuant to a Professional Services Agreement (“PSA”). The PSA contained a non-compete clause that prohibited him from practicing medicine within 50 miles of the Spine Institute’s office for 18 months. Pursuant to the PSA, Blaskiewicz could avoid the non-compete by either paying the Spine Institute $350,000 or obtaining permission from the Spine Institute to practice medicine in the proscribed area. The district court concluded that the non-compete clause was against public policy and void as a matter of law. The Spine Institute appealed.
The issues. Three issues were on appeal: (1) whether the appeal was moot; (2) whether the district court had jurisdiction despite an arbitration provision; and (3) whether the district court erred in finding that the non-compete was unenforceable.Continue Reading Idaho Supreme Court Update: Blaskiewicz v. Spine Institute of Idaho, P.A.
The facts. An assisted living facility partnered with a preferred pharmacy to offset software costs related to the tracking and delivery of residents’ prescription medications. The facility charged residents an extra $10 each month if they did not choose the preferred pharmacy. The lower court held that the arrangement violated the Idaho Residential Care or Assisted Living Act, which guarantees residents the “right to select the pharmacy or pharmacist of their choice.” The facility appealed.
The issues. Two issues were on appeal: (1) whether the Idaho Residential Care or Assisted Living Act prohibits the facility from charging residents $10 more per month if they did not select the preferred pharmacy, and (2) whether either party could recover attorney’s fees.Continue Reading Idaho Supreme Court Update: Grace at Twin Falls, LLC v. Jeppesen
The facts. The Idaho Department of Labor found that Nathaniel Sheehan was ineligible for unemployment insurance benefits and ordered him to repay benefits that he had received. During Sheehan’s initial protest, the Department advised Sheehan that it would email updates to him, but the Department instead mailed a notice of telephonic hearing to Sheehan’s
The facts. Mom and Dad were married, had a child, and divorced. As part of the divorce, the parties reached a visitation arrangement that gave Mom primary custody of the child and Dad visitation. Mom later relocated to Costa Rica with the child. Mom made the decision to relocate unilaterally, without informing Dad and
The facts. A father allegedly consented to a sham marriage for his minor daughter to evade the magistrate court’s jurisdiction over a custody dispute with his ex-wife. The mother requested expedited relief to stop the sham marriage, but the magistrate court did not enter an order stopping the father from consenting to the marriage
In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding that the Legislature did not intend to occupy the field but instead left room for supplemental municipal regulation. In reversing decisions by the Hennepin County District Court and the Minnesota Court of Appeals, the Minnesota Supreme Court specifically found that Minn. Stat. § 115A.94 does not preempt Bloomington residents’ passage of a charter amendment that would prevent the City of Bloomington from implementing an organized waste collection ordinance without prior voter approval. On remand, the Court of Appeals held that the residents’ proposed charter amendment was an improper referendum. The Minnesota Supreme Court granted review on January 15, 2019.Continue Reading In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste Collection System