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18 Advocate 1 (1975)

handle is hein.barjournals/adisb0018 and id is 1 raw text is: Vol 18 N,75
Vol. 18, No. 1                                 Boise, Idaho                                January, 1975

THE TILTED
WINDMILL
Scott W. Reed
Member
Idaho Environmental Law Committee
Anyone who purports to be a student of
government inevitably heeds the siren call
to make political prohpecies. On a day to
day basis the risks are minimal since the
reader of a political column is usually in no
better position to measure the accuracy of
the speculation than is the writer. The
real fun comes from making predictions
about the outcome of political events
which will come to pass before the predic-
n is printed. With knowledge that
ehes fear to tread where fools dawdle
- print and that readers love demon-
ably false prophecies, I am writing
early in January about land use legislation
that will probably be acted upon by the
Idaho Legislature before this column is
printed in the Advocate. It is only fair to
give other critics the opportunity to
chuckle.
In the field of turgid prose and indigest-
ible statistics that make up Environmental
Impact Statements there was a real spirit
lifter in an EIS published in November,
1973, on a proposed $5 million widening
and touch-up of the Fourth of July Canyon
portion of Interstate Highway 90. The
four lanes did not quite meet Interstate
standards used in Kansas and other moun-
tainous states so the Feds were offering
their usual 92% bribe to the State of Idaho
to keep Spokane contractors employed.
The drafters of the statement were really
hard pressed for reasons why it made any
sense to spend millions on a good four lane
highway. The primary justification on
which the statement rested was the neces-
sity to permit automobiles to be driven at
70 miles per hour rather than 55 miles per
hour. Careful calculations were made de-
scribing the time to be saved by the
traveling public calculated at $5 per hour
through the year 1990. The drafters of the
statement concluded that improving the
road to permit higher speeds would save
between 1b2,000 and $308,000 for each
(Continued on Page 2)

THE NEW IDAHO RKE °OCI~lPROCEDURE

Effective January 1, 1975
By The Honorable Robert E. Bakes
Chairman
Supreme Court Civil Rules Committee
I
Introduction
Although the amended Idaho Rules of
Civil Procedure which became effective
January 1, of this year are often referred
to as the new rules of civil procedure, in
actuality they are probably more accur-
ately described as the consolidated Idaho
Rules of Civil Procedure. Prior to the
enactment of the new rules of civil pro-
cedure there were many sources of rules
which were applicable to civil proceedings
in the trial courts. Often the various rules
were conflicting, overlapping and incon-
sistant.
Prior to their consolidation, a practi-
tioner was previously required to examine
the following sources to determine the
applicable rule in a civil action in the
district courts and the magistrates divi-
sion:
(1) The Idaho Rules of Civil Procedure
as contained in the rules volume of the
Idaho Code which paralleled the Federal
Rules of Civil Procedure as they existed in
1958.
(2) The procedural statutes of the state
of Idaho which were adopted as rules of
the court by an order dated March 19,
McQuade Sworn in
As Chief Justice
Henry F. McQuade was sworn in as
Chief Justice of the Idaho Supreme Court
at ceremonies Jan. 6 in Boise. He replaces
Allan G. Shepard.
Chief Justice McQuade, senior member
of the Court in length of service, became a
member of the Idaho State Bar in 1946,
and began his practice in Pocatello.
He served two terms as Bannock
County prosecutor, and was elected to the
district Court bench in 1951. Chief Justice
McQuade was appointed to the Idaho
Supreme Court in 1956, and has been
re-elected three times since then.

The quality of this microfiche is equivalent
to the condition of the original work.
WILLIAM S. HEIN & CO., INC.

1951, and identified in the code volumes
with- an R along side the particular
section number. Most of these statutes
adopted as rules of the court were found in
volumes 2 and 3 of the Idaho Code. Many
of these statute-rules were in direct con-
flict with the Idaho Rules of Civil Pro-
cedure adopted in 1958, e.g., demurrers,
exceptions, etc. In addition, some statutes
were repealed after having been adopted
as rules of the court, which left in doubt
whether they still existed separately as
rules of the court despite their repeal.
Other statutes were amended after their
adoption as rules of the court, which left in
doubt which form, or which amendment of
the statute was applicable as a rule of the
court.
(3) The Uniform District Court Rules
which were adopted by order of the
Supreme Court in 1966 and found in the
Desk Book.
(4) The Local District Court Rules of the
seven judicial districts regarding district
court procedure which were approved by
the Supreme Court and are found in the
Desk Book.
(5) The Local District Court Rules of the
seven judicial districts regarding proced-
ure in the magistrates division, which
were approved by the Supreme Court and
are found in the Desk Book.
(6) The Rules of the Court -of the
Magistrates Division of the District Court
and the District Court (commonly re-
ferred to as the District Court rules and
originally contained in the orange pam-
phlet), which are now found in the supple-
ment to the rules volume.
(7) The Civil Appellate Rules (which
were originally contained in the yellow
pamphlet) and which are now contained in
the supplement to the rules volume.
The civil rules committee examined
these many sources of rules and made the
initial recommendation that all of the civil
trial court rules be consoljdated into a
single volume and likewise all of the
criminal rules be consolidated into a sep-
arate single volume. It vas also deter-
mined that all 9f.the post 1958 amend-
ments to the Federal Civil Rules should be
(Continued on Page 8)

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