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Eye On Boise

Chief justice: Civil litigants can’t afford counsel, marriage license fee could help

Idaho Supreme Court Chief Justice Daniel Eismann delivers his
Idaho Supreme Court Chief Justice Daniel Eismann delivers his "State of the Judiciary" address to the House on Wednesday; he also spoke in the Senate. Eismann suggested an increase in Idaho marriage license fees to fund counsel for civil cases involving children and families. (Betsy Russell)

Idaho Supreme Court Chief Justice Daniel Eismann is delivering his "State of the Judiciary" address to the House and Senate today; here, he's speaking in the House. "In spite of the challenges resulting from the economic downturn, the judiciary is still fulfilling its constitutional responsibilities to the people," he told lawmakers. That's in part because of the emergency surcharge on all infractions, misdemeanors and felonies lawmakers enacted last year to help the courts stay open through the budget crunch. "One of our judges did his part by receiving a traffic ticket the first day the surcharge went into effect," Eismann said.

He said Idaho's courts have successfully made use of special problem-solving courts, including domestic violence courts, drug and mental health courts, DUI courts and child protection courts. Eismann said he's working to start a veterans' court in Ada County, "to deal more effectively with veterans struggling with substance abuse, post-traumatic stress disorder, traumatic brain injury or other mental health issues."

One serious challenge in the courts has been the number of people involved in civil cases who can't afford counsel, Eismann told lawmakers. That's particularly a problem "in many domestic relations cases, especially those involving children." He said a possible solution would be to increase the cost of an Idaho marriage license by $20, "which would generate about $280,000 a year that could be used to provide legal assistance in civil cases involving children and families."



Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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