IDAHO ATTORNEY GENERAL AND IDAHO DEPARTMENT OF CORRECTION REQUIRE PERSONAL (CONTACT) SERVICE OF DOCUMENTS WHERE MAILING WOULD HAVE SUFFICED DESPITE GOVERNOR'S ORDER ON SOCIAL DISTANCING
In preparation for a lawsuit, ISCC prisoner Dale Shackelford mailed a letter to the IDOC Deputy Attorney General's (DAG) office on March 25, 2020, requesting that personal service of the complaint and summons in the action be waived by the attorneys for IDOC, allowing Shackelford to serve the paperwork by mail so as to decrease the need for personal contact (social distancing) and the possibility of transmitting any contagions.
Deputy Attorney General (DAG) for IDOC Mark Kubinski referred the letter to an IDOC paralegal for a response. The March 30, 2020 response by IDOC paralegal Kevin Burnett, mailed in an official Office of the Attorney General envelope (but typed as a memorandum on plain white paper) was essentially --- NO, stating, "... service by mail is ineffective under the applicable rules of civil procedure."
In fact, Idaho Rule of Civil Procedure (IRCP) 4(d)(5) states (in part) that service may be completed by a written admission, acknowledged by the person to be served, that the person has received service of process. Simply put, the DAG could - as requested by Shackelford - allow service by mail if they so chose, but the lawyers have an (unjustified) reason for not wanting to allow service by mail - despite the Governor's orders to state government employees to practice social distancing.
For years, the IDOC DAG has prevented prisoners from prosecuting lawsuits against the Board of Corrections or the IDOC by requiring personal service of documents where simply mailing the documents is an option authorized under law. IDOC Central Office staff have prohibited (some) persons other than Sheriff's deputies or licensed process servers from entering their offices to personally serve documents despite rules which allow ANY person over the age of 18 and not party to the action to personally serve the summons and/or complaint (IRCP 4(c)(2)).
While a prisoner may file a lawsuit without the funds to immediately pay the filing fee to the court (the court will get their money - future money will be taken from their prison account whenever money is there to take until the fee is paid in full), prisoners who are indigent (or have some money, but not enough) cannot have the sheriff's office or process servers personally serve the documents without prepayment of the fees which can range from $55 to well over $100, depending on the county - with additional mileage fees in some rural areas. Once someone (prisoner or not) files a lawsuit, they typically have only 180 days to have the complaint and summons served on the defendant/respondent - otherwise the action will be dismissed by the court - and the filing fee will still be owed, and no reimbursement of funds paid will received.
With the coronavirus ramping up in Idaho, why would any person intentionally choose to have unnecessary personal contact with a stranger? Why would the Office of the Attorney General or the IDOC force someone to have contact where a letter would suffice under law? And why would state employees so blatantly disregard the rational demands of the Governor? Answer: to (attempt) to prevent prisoner lawsuits by "costing out" those seeking their rights. "Coronavirus be damned," they say, at the expense of risk of spreading infections to their families - or to yours.
The Shackelford lawsuit will be filed, and personal service made - let's just hope that the documents are all there is transmitted on that day, in that place, by those people. Despite their actions, and the message it sends to the world, let's take good care of each other.
Who will hold these people and agencies responsible for this blatant misconduct and violation of the public trust? You can.
If you find this outrageous conduct by state employees disturbing, you can contact Governor Little's office through his website at www.gov.idaho.gov or call (208) 334-2100. Attorney General Lawrence Wasden can be reached through his website at www.ag.idaho.gov or call (208) 334-2400. You can also contact your state representative or senator to express your concerns.
If you have questions regarding the coronavirus, go to www.coronavirus.gov for answers.
Deputy Attorney General (DAG) for IDOC Mark Kubinski referred the letter to an IDOC paralegal for a response. The March 30, 2020 response by IDOC paralegal Kevin Burnett, mailed in an official Office of the Attorney General envelope (but typed as a memorandum on plain white paper) was essentially --- NO, stating, "... service by mail is ineffective under the applicable rules of civil procedure."
In fact, Idaho Rule of Civil Procedure (IRCP) 4(d)(5) states (in part) that service may be completed by a written admission, acknowledged by the person to be served, that the person has received service of process. Simply put, the DAG could - as requested by Shackelford - allow service by mail if they so chose, but the lawyers have an (unjustified) reason for not wanting to allow service by mail - despite the Governor's orders to state government employees to practice social distancing.
For years, the IDOC DAG has prevented prisoners from prosecuting lawsuits against the Board of Corrections or the IDOC by requiring personal service of documents where simply mailing the documents is an option authorized under law. IDOC Central Office staff have prohibited (some) persons other than Sheriff's deputies or licensed process servers from entering their offices to personally serve documents despite rules which allow ANY person over the age of 18 and not party to the action to personally serve the summons and/or complaint (IRCP 4(c)(2)).
While a prisoner may file a lawsuit without the funds to immediately pay the filing fee to the court (the court will get their money - future money will be taken from their prison account whenever money is there to take until the fee is paid in full), prisoners who are indigent (or have some money, but not enough) cannot have the sheriff's office or process servers personally serve the documents without prepayment of the fees which can range from $55 to well over $100, depending on the county - with additional mileage fees in some rural areas. Once someone (prisoner or not) files a lawsuit, they typically have only 180 days to have the complaint and summons served on the defendant/respondent - otherwise the action will be dismissed by the court - and the filing fee will still be owed, and no reimbursement of funds paid will received.
With the coronavirus ramping up in Idaho, why would any person intentionally choose to have unnecessary personal contact with a stranger? Why would the Office of the Attorney General or the IDOC force someone to have contact where a letter would suffice under law? And why would state employees so blatantly disregard the rational demands of the Governor? Answer: to (attempt) to prevent prisoner lawsuits by "costing out" those seeking their rights. "Coronavirus be damned," they say, at the expense of risk of spreading infections to their families - or to yours.
The Shackelford lawsuit will be filed, and personal service made - let's just hope that the documents are all there is transmitted on that day, in that place, by those people. Despite their actions, and the message it sends to the world, let's take good care of each other.
Who will hold these people and agencies responsible for this blatant misconduct and violation of the public trust? You can.
If you find this outrageous conduct by state employees disturbing, you can contact Governor Little's office through his website at www.gov.idaho.gov or call (208) 334-2100. Attorney General Lawrence Wasden can be reached through his website at www.ag.idaho.gov or call (208) 334-2400. You can also contact your state representative or senator to express your concerns.
If you have questions regarding the coronavirus, go to www.coronavirus.gov for answers.