house✓ Signed
Amends, repeals, and adds to existing law to establish the State Public Defender Act.
This bill is follow-up legislation to H 735aa (2022), and enacts a new model of public defense using the funding mechanism enacted in that bill. The Idaho Supreme Court recently held that the state remains liable for inadequate provision of public defense in this state even though the requirement to provide public defense has been delegated to counties since 1967. The bill eliminates one state agency, the Public Defense Commission, and in its place creates the Office of State Public Defender. The agency will be headed by the State Public Defender, who along with the District Public Defenders in each judicial district, will share the responsibilities of carrying out the state’s public defense system. The State Public Defender sets broad statewide policy, standards, and budget with input from the District Public Defenders. The District Public Defenders, one for each of the seven judicial districts, carry out the operational day-to-day functions of public defense in their corresponding judicial district consistent with state policy. The bill seeks to respect local input in who becomes the State Public Defender by having a panel consisting of one Magistrate Commissioner for each judicial district, nominate individuals from which the Governor appoints the State Public Defender. The Magistrates Commission will hire the District Public Defender in each judicial district. In counties without institutional offices, the Office of the State Public Defender will continue to contract with attorneys who practice in the county or judicial district. In counties that have an institutional office, public defense services will be provided by employes of the Office of the State Public Defender. The class action suit against the state’s public defense system is scheduled to go to trial early next year. This is the last legislative session before the trial to affect that suit.