January 19, 2011 in Idaho

Idaho marriage license fee hike proposed

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Betsy Russell photo

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.
(Full-size photo)

BOISE - Idaho should consider raising its marriage license fee by $20 to help provide legal counsel in civil cases involving children and families, the chief justice of the state’s Supreme Court told lawmakers today.

“Many of the people involved in civil cases cannot afford legal counsel,” said Justice Daniel Eismann in his annual “State of the Judiciary” address to the Idaho House. Though the state provides court assistance, including forms, and collaborates with Idaho Legal Aid Services, it’s not enough, Eismann said.

“Court assistance offices and online interactive forms are not an effective replacement for legal counsel 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.”

Eismann’s suggestion came as he detailed how Idaho’s court system has operated through a severe state budget crunch.

“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.

Idaho’s courts have successfully made use of special problem-solving courts, Eismann said, including domestic violence courts, drug and mental health courts, DUI courts and child protection courts; some have been partly funded by grants.

Eismann said he’s working to start a new 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.”

Six comments on this story so far. Add yours!

• 

  MrNatural on January 19 at 11:20 a.m.

  Boy now there is some down home Idaho wisdom…raise marriage license fees to help fund divorce court proceedings…such practical optimism LOL!

• 

  greyhound2 on January 19 at 3:02 p.m.

  Don’t know why you would want to pay for one when you can get one for free in a box of Kellogg’s Sugar Pops.

• 

  oneanddone on January 19 at 4:39 p.m.

  Well now. Just how many cases will $280K pay for? We’re talking lawyers here. These are the guys who charge you when they call and get a wrong number.

• 

  maria on January 19 at 7:44 p.m.

  Dang. That’s enough to buy several full sets of teeth.

• 

  chouligirl on January 19 at 7:53 p.m.

  no, no , no…no new taxes which is what it is when you raise the cost of something. and the irony of raising the marriage license fee to cover divorce legal counsel…what the…
  that money will never be around for that use…

• 

  greenlibertarian on January 19 at 11:00 p.m.

  “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.”

  Now that was funny!