Archives for December 2009

From the Idaho Statesman

A Boise boy has already made his first Juvenile Court appearance in the death of well-known cycling enthusiast Kevin Pavlis. But what happened in the courtroom remains a mystery, since 4th District Juvenile Judge William Harrigfeld is keeping the case sealed from the public.

The sealing means there is no way to know if the teen is fighting the charge of vehicular manslaughter filed by Ada County prosecutors. If convicted of the charge, he could face up to 90 days in a detention center, three years of probation, a loss of driving privileges for up to three years, community service and financial restitution.

Pavlis, 37, of Boise, died after being hit on his bike June 11 by a sport-utility vehicle on Hill Road in Boise’s North End.

Eric Pavlis, Kevin Pavlis’ brother, said he understands why many in the Boise cycling community might be upset with the secrecy surrounding the case. He hopes that someday the court records are unsealed.

“That way, if my brother’s daughter wanted to know more about what happened to her dad, she could find out,” Pavlis said.

Unsealing the records later would be up to Harrigfeld, who was not available for comment Monday.

The first hearing, held sometime after prosecutors said Nov. 6 that the boy would be charged with misdemeanor vehicular manslaughter, was an admit/deny hearing. That’s when a juvenile suspect admits guilt or decides to fight the charge.

Under Idaho law, only the child, parents, and attorneys are allowed to attend the hearing unless the judge grants special permission to other people who have an interest in the case, such as the family of a victim.

After a plea is entered, juvenile cases are then made open to the public, unless the judge enters a formal order to keep them sealed – as Harrigfeld did.

Boise police reports indicate Pavlis was riding legally in the eastbound bike lane on Hill Road when he was struck. Police say the boy was driving west just before he turned left onto Smith Road, where his vehicle collided with Pavlis. Pavlis died a short time later.

Some members of the Boise cycling community have filled message boards and swapped e-mails questioning the handling of the case.

Ada County Prosecutor Greg Bower tried to reassure cycling groups in October that his prosecutors were working closely with Pavlis’ family and that they planned to seek appropriate justice. Prosecutors had said they would tell the public whatever information they could about the case but warned that if a judge sealed it, they couldn’t say anything.

Bower said Monday that while he could not comment on the Pavlis case, “as a matter of policy, we believe juvenile prosecution should be open, and the process transparent.”

A “ghost bike” tribute – a bike painted white and chained to a fence – still sits near the intersection, a reminder to everyone who walks, bikes or drives by.

Kevin Pavlis helped manage Boise’s Idaho Mountain Touring outdoor-recreation store. He spent a lot of his free time with local cycling groups like the Lactic Acid Cycling Race Team.

Survivors include his wife, Elise, and their daughter, Sarma, who is named after Pavlis’ mother. She was 2 when her father died.

From the Idaho Statesman

From the Ninth Circuit Judicial Council

SAN FRANCISCO – The Judicial Council of the Ninth Circuit, governing body for
federal courts in the western states, has approved, on an experimental basis, the limited
use of cameras in federal district courts within the circuit. The action was announced
today by Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth
Circuit.

The Judicial Council voted unanimously to allow the 15 district courts within the Ninth
Circuit to experiment with the dissemination of video recordings in civil non-jury matters
only. The action amends a 1996 Ninth Circuit policy that had prohibited the taking of
photographs, as well as radio and television coverage, of court proceedings in the district
courts. It also responds to a resolution supporting the use of cameras, which was passed
by judges and lawyers attending the 2007 Ninth Circuit Judicial Conference.

“We hope that being able to see and hear what transpires in the courtroom will lead to a
better public understanding of our judicial processes and enhanced confidence in the rule
of law. The experiment is designed to help us find the right balance between the public’s
right to access to the courts and the parties’ right to a fair and dignified proceeding,”
Judge Kozinski said.

Cases to be considered for the pilot program will be selected by the chief judge of the
district court in consultation with the chief circuit judge. The participating district courts
will be asked to evaluate their experiences and report to the Council.

The Ninth Circuit takes in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada,
Oregon, Washington, the U.S. Territory of Guam and the Commonwealth of the Northern
Mariana Islands. There are four district courts in California and two in Washington.
The Ninth Circuit Court of Appeals has permitted television and radio broadcasting of
oral arguments with approval of the panel hearing the case. Since 1991, the court has
permitted video and audio recordings of oral arguments in approximately 200 cases.
All of its oral arguments are available on its website –
https://www.ca9.uscourts.gov/media/

From the Ninth Circuit Judicial Council

From the Idaho Press-Tribune

CANYON COUNTY — County commissioners will meet with Prosecuting Attorney John Bujak today to discuss open meeting protocol.

“I’ve had some concerns about the way some things have been put on the agendas for the commissioners meeting, and does it comply with the open meeting law,” Bujak told the Idaho Press-Tribune Sunday. “So my office put together an instructional memorandum on how to put things on the agenda for the meeting in compliance with the open meeting laws. We’ll meet (today) to just go over the memorandum and just answer any questions they might have.”

Bujak said this isn’t a case of the commissioners acting improperly in regard to open meeting laws, but rather that it is an opportunity to improve the public’s understanding of how local government works.

“We’re taking another step towards transparency,” Bujak said, noting that already commissioners meetings are recorded and any citizen can request an audio copy. “We just want to make sure to the largest degree possible that people know what county government is doing and can become involved if they want to. To me, that’s when government works best — when constituents get involved.”

Commissioner David Ferdinand said state lawmakers passed a new law last session regarding open meeting laws, “so we’ve been reviewing some of the ways we’ve had items on the calendar,” he said.

“We reviewed all that and made a few changes at (the prosecuting attorney office’s) suggestions, but we wanted to get everybody together (today) and review it.”

From the Idaho Press-Tribune