Coronavirus

Coronavirus: Idaho spike not as bad Monday; tenants facing eviction deserve trial, judge says

Ada County District Judge Michael Reardon decided Monday that Idaho tenants have a constitutional right to a jury trial in eviction proceedings. The decision comes as jury trials remain on hold during the pandemic.

The ruling means the court struck down the Idaho statute that deprived tenants of their right to a jury in an eviction proceeding, finding the statute was unconstitutional under the Idaho Constitution, according to a news release from the Idaho ACLU.

“We are already in the midst of an eviction crisis during a global pandemic,” said Howard Belodoff, associate director of Idaho Legal Aid Services. “The public health emergency worsens in Idaho and a federal eviction moratorium is about to expire if Congress does not extend it soon. Tenants’ rights are as important as ever so this court ruling is a huge victory.”

In June, Idaho Legal Aid services and the ACLU of Idaho filed a lawsuit against the state of Idaho to enforce tenants’ rights in eviction cases throughout the state.

In 1996, the Idaho Legislature amended Idaho law to strip tenants of those rights, according to the ACLU. Due to COVID-19, jury trials in civil court cases such as evictions are on hold until October.

Prison cases increase

The Idaho Department of Correction’s cases of confirmed coronavirus continue to rise.

As of Monday evening, IDOC had tested 1,817 people. Of those, 141 tests are pending, 940 are negative, 62 are positive with symptoms, 557 are asymptomatic positives, and 117 are no longer active. That means in total, 736 inmates have tested positive for the virus.

The majority of those inmates are at the Idaho State Correctional Center, a men’s facility in Kuna.

Also on Monday, IDOC had three staff report positive tests, including two nonsecurity staff at the correctional center and a staff member from District 1, according IDOC Director Josh Tewalt’s written update. Since the pandemic began, 76 staff members of IDOC have tested positive, but not all of them are correctional officers and some are no longer actively ill.

IDOC has also created a hotline, at 208-658-2199, due to the flood of inquires from the friends and families of incarcerated people.

“We have two staff members dedicated to checking messages frequently, and we will be tracking all of the inquiries and concerns shared through this service,” Tewalt wrote. “We’ll also be tracking actions taken and response times.”

Monday coronavirus count

On Monday, Idaho’s health districts reported the fewest new confirmed cases in a long while, after a 17-day spike. The districts reported 359 new cases, bringing the statewide total to 14,384 confirmed cases of COVID-19.

Statewide, Idaho has seen 123 deaths as a result of the virus, since the pandemic reached Idaho.

Canyon County led the state for the second day in a row, adding 154 confirmed cases, increasing its total to 3,213. Ada County leads with 5,655 total cases, but it only reported 53 on Monday.

Counties with confirmed COVID-19 cases: Ada 5,655, Adams 14, Bannock 215, Bear Lake 6, Benewah 29, Bingham 127, Blaine 543, Boise 15, Bonner 100, Bonneville 285, Boundary 11, Camas 1, Canyon 3,213, Caribou 22, Cassia 342, Clearwater 7, Custer 6, Elmore 120, Franklin 34, Fremont 21, Gem 94, Gooding 80, Idaho 16, Jefferson 45, Jerome 312, Kootenai 1,056, Latah 42, Lemhi 6, Lincoln 39, Madison 76, Minidoka 293, Nez Perce 102, Oneida 8, Owyhee 135, Payette 221, Power 23, Shoshone 27, Teton 41, Twin Falls 827, Valley 35 and Washington 140.

This story was originally published July 21, 2020 at 8:05 AM.

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Ruth Brown
Idaho Statesman
Reporter Ruth Brown covers the criminal justice and correctional systems in Idaho. She focuses on breaking news, public safety and social justice. Prior to coming to the Idaho Statesman, she was a reporter at the Idaho Press-Tribune, the Bakersfield Californian and the Idaho Falls Post Register.
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