State Asks For ’Veteran Homicide Prosecutor’ to Join Lori Vallow Case

TL;DR

In a virtual hearing, the court discusses the motion for pro hac vice admission of Rachel Smith, raising concerns about her ongoing law practice and her appointment as a special prosecutor in the case.

Transcript

judge very well i will note that we are conducting this hearing by zoom with our ongoing cova 19 order that governs how we conduct these proceedings we're also recording this by the ftr system in fremont county idaho as well as it's being reported by the court reporter and it's also being live streamed on the court's official youtube channel so as ... Read More

Key Insights

• 👮 Pro hac vice admission requires an attorney to maintain an ongoing law practice in another jurisdiction.
• 💼 The appointment of a special prosecutor is specific to the case and may require consultation with the relevant county.
• 🧑‍🏭 The court is concerned about the scope of the appointment and the need for proper authority for Smith to act as a prosecutor in the case.

Questions & Answers

Q: What is the basis of the court's concern regarding Rachel Smith's pro hac vice admission?

The court is questioning whether Smith meets the requirement of maintaining an ongoing law practice in another jurisdiction, a prerequisite for pro hac vice admission under the Idaho bar commission rule.

Q: Was there any consultation with Fremont County regarding Smith's appointment as a special prosecutor?

No, there was no direct consultation with Fremont County. Smith is being appointed to assist the Madison County prosecutor as a special prosecutor in the case, and the appointment has been discussed and funded by Madison County.

Q: Can an attorney admitted pro hac vice in one case be automatically admitted in another case?

No, the admission is case-specific, and separate applications would be required for admission in different cases. The scope of any order would be specific to the case before the court.

Q: What is required for Smith to be allowed to participate in the case?

Smith would either need to be a deputy of the Madison County prosecutor's office or receive a special appointment from Fremont County. This would need to be clarified and confirmed through a declaration submitted to the court.

Summary & Key Takeaways

• The court raises questions about whether Rachel Smith meets the requirement of maintaining an ongoing law practice in another jurisdiction, as per the Idaho bar commission rule.

• There is a discussion about whether Fremont County needs to be consulted and agree to Smith's appointment as a special prosecutor in the case.

• The scope of the admission and appointment would be specific to the case mentioned and would not automatically grant status for admission in other cases.