Seeking Defects in Law?

Here's a link to a Supreme Court press release entitled "Chief Justice Eismann Requests Defects in Law." My first reaction was that we have enough already. And what's the rush? The Legislature's back in Boise come January.

Upon reading, however, it appears that the Chief Justice wants our trial judges and court administrators to report any existing laws which contain defects or omissions. The Supreme Court has a constitutional obligation to report such to the Governor who then passes on the information to the Legislature.

So, if you have any defects or omissions you'd like to see addressed pass them on to your local trial judge. One thing that comes to mind is that the statutory provisions for withheld judgments need to be made intelligible. For example, how can a judgment be deemed "withheld" if the Court still considers it to be a conviction? (See U.S. v. Sharp, 145 Idaho 403, 179 P.3d 1059 (2008).) I think it's clear that the Legislature intended that a withheld judgment not be a conviction unless the defendant failed to comply at all times with the conditions of probation and the law should be amended to abrogate Sharp.

To read the press release, click here: http://isb.idaho.gov/pdf/general/eisman_law_defects.pdf