STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Treatment Court Rule 5.1. Record of Treatment Court Proceedings

(a) Electronic Recording. An electronic recording shall be made of all Treatment Court proceedings in accordance with Idaho Court Administrative Rule 27.

(b) Court Reporters. A court reporter’s attendance is not required for Treatment Court proceedings. At the discretion of the presiding Judge, a court reporter may be used in termination hearings.

(c) Court Clerks. A court clerk or deputy clerk must be present during Treatment Court proceedings. During Treatment Court proceedings the court’s clerk or deputy clerk:

(1) shall operate a fully functional electronic recording device or application that is recording all oral communications made in the presence of the Treatment Court Judge, including, but not limited to, communications of the parties, counsel, witnesses and the Treatment Court Judge;

(2) may, at the discretion and direction of the Treatment Court Judge, maintain and draft minutes of the Treatment Court proceeding and include therein any information the Treatment Court Judge requires;

(3) shall enter, or forward for entry, any orders signed by the Treatment Court Judge;

(4) shall, in a Treatment Court termination hearing, draft a sequential record of the judicial events in such proceeding. The minutes shall include:

(A) The title of the proceeding, case number, date, start, and ending time of the hearing;

(B) The name of the participant, the attorneys, any witnesses who testify, and the Treatment Court Judge;

(C) A list of any exhibits offered and admitted at the termination hearing; and;

(D) A description of all rulings of the judge in respect to the admission or rejection of evidence and objections thereto.

(Adopted April 29, 2022, effective July 1, 2022.)