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H0840.....................................................by WAYS AND MEANS
CAPITAL CRIMES DEFENSE FUND - Amends and adds to existing law to authorize
establishment of a Capital Crimes Defense Fund by the counties to fund the
costs of criminal defense in cases where the penalty of death is a legal
possibility and to provide for creation of the Office of the State
Appellate Public Defender of the Department of Self-Governing Agencies.
03/20 House intro - 1st rdg - to printing
03/20 Rls susp - PASSED - 64-1-5
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Schaefer, Stevenson, Stone, Stubbs, Tilman, Trail, Watson,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Alltus, Kempton, Sali, Taylor, Tippets
Floor Sponsor - Kjellander
Title apvd - to Senate
03/20 Senate intro
03/20 Rls susp - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Hawkins
Floor Sponsor - Darrington
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
Pres signed
03/24 To Governor
03/25 Governor signed
Session Law Chapter 389
Effective: 07/01/98
H0840|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 840 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO THE CAPITAL CRIMES DEFENSE FUND AND THE STATE APPELLATE PUBLIC 3 DEFENDER ACT; AMENDING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF 4 A NEW SECTION 19-863A, IDAHO CODE, TO AUTHORIZE ESTABLISHMENT OF A CAPITAL 5 CRIMES DEFENSE FUND BY THE COUNTIES TO FUND THE COSTS OF CRIMINAL DEFENSE 6 IN CASES WHERE THE PENALTY OF DEATH IS A LEGAL POSSIBILITY, TO PROVIDE FOR 7 ORGANIZATION AND OPERATION OF THE FUND IN ACCORDANCE WITH A JOINT POWERS 8 AGREEMENT, TO PROVIDE FOR CONTRIBUTIONS TO THE FUND, TO PROVIDE FOR OPERA- 9 TION OF THE FUND BY A BOARD OF REPRESENTATIVES, TO PROVIDE POWERS OF THE 10 GOVERNING BOARD OF THE FUND AND TO PROVIDE THAT THE SERVICES OF THE STATE 11 APPELLATE PUBLIC DEFENDER SHALL BE AVAILABLE ONLY TO COUNTIES PARTICIPAT- 12 ING IN THE FUND; AMENDING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION 13 OF A NEW SECTION 19-867, IDAHO CODE, TO PROVIDE A SHORT TITLE; AMENDING 14 CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-868, 15 IDAHO CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT; AMENDING CHAPTER 16 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-869, IDAHO 17 CODE, TO PROVIDE FOR CREATION OF THE OFFICE OF THE STATE APPELLATE PUBLIC 18 DEFENDER, TO PROVIDE FOR THE APPOINTMENT, QUALIFICATIONS, TERM AND COMPEN- 19 SATION OF THE STATE APPELLATE PUBLIC DEFENDER AND TO PROVIDE FOR ADOPTION 20 OF POLICIES AND RULES TO IMPLEMENT THE ACT; AMENDING CHAPTER 8, TITLE 19, 21 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-870, IDAHO CODE, TO PRO- 22 VIDE THE POWERS AND DUTIES OF THE STATE APPELLATE PUBLIC DEFENDER; AMEND- 23 ING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 24 19-871, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF ADDITIONAL COUNSEL BY 25 THE STATE APPELLATE PUBLIC DEFENDER; AMENDING CHAPTER 8, TITLE 19, IDAHO 26 CODE, BY THE ADDITION OF A NEW SECTION 19-872, IDAHO CODE, TO PROVIDE FOR 27 AN ANNUAL REPORT; AND AMENDING SECTION 67-5303, IDAHO CODE, TO PROVIDE 28 THAT THE STATE APPELLATE PUBLIC DEFENDER, DEPUTY STATE APPELLATE PUBLIC 29 DEFENDERS AND ALL EMPLOYEES OF THE OFFICE OF THE STATE APPELLATE PUBLIC 30 DEFENDER SHALL BE NONCLASSIFIED EMPLOYEES. 31 Be It Enacted by the Legislature of the State of Idaho: 32 SECTION 1. That Chapter 8, Title 19, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION , to be 34 known and designated as Section 19-863A, Idaho Code, and to read as follows: 35 19-863A. CAPITAL CRIMES DEFENSE FUND AUTHORIZED. (1) The establishment of 36 a capital crimes defense fund by the counties of the state for purposes of 37 funding the costs of criminal defense in cases where the penalty of death is a 38 legal possibility is hereby authorized. The fund shall be organized and oper- 39 ated in accordance with a joint powers agreement, as authorized by chapter 23, 40 title 67, Idaho Code, executed by the participating counties. Membership in 41 the fund shall be voluntary, as determined by resolution of the board of 42 county commissioners of the respective counties of the state. 43 (2) The fund may be comprised of contributions from participating coun- 2 1 ties and any court fees or other funds designated or appropriated for deposit 2 in the fund by the legislature. 3 (3) The fund shall be operated and administered by a board of representa- 4 tives to be selected as provided in the joint powers agreement. If moneys are 5 appropriated to the fund by the legislature, the governor shall appoint a rep- 6 resentative of the executive branch of state government to serve as a voting 7 member of the governing board, and if court fees are designated for deposit in 8 the fund, the Idaho supreme court shall appoint a representative of the judi- 9 cial branch of state government to serve as a voting member of the board. 10 (4) The governing board of the fund shall have full authority to employ 11 personnel and contract for personal and professional services as necessary and 12 may take all other steps necessary or proper to determine the manner in which 13 the fund shall be utilized to assist participating counties in meeting defense 14 costs associated with representation of indigent defendants charged with 15 crimes for which the penalty of death is a legal possibility. 16 (5) The services of the state appellate public defender as provided in 17 section 19-870, Idaho Code, shall be available only to those counties partici- 18 pating in the fund. 19 SECTION 2. That Chapter 8, Title 19, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION , to be 21 known and designated as Section 19-867, Idaho Code, and to read as follows: 22 19-867. SHORT TITLE. Sections 19-867 through 19-872, Idaho Code, shall 23 be known as the "State Appellate Public Defender Act." 24 SECTION 3. That Chapter 8, Title 19, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION , to be 26 known and designated as Section 19-868, Idaho Code, and to read as follows: 27 19-868. STATEMENT OF LEGISLATIVE INTENT. The legislature recognizes that 28 the cost of legal representation of indigent defendants upon the appeal of 29 their criminal convictions, particularly convictions for first-degree murder, 30 is an extraordinary burden on the counties of this state. In order to reduce 31 this burden, provide competent counsel but avoid paying high hourly rates to 32 independent counsel to represent indigent defendants in appellate proceedings, 33 the legislature hereby creates the office of the state appellate public 34 defender. 35 SECTION 4. That Chapter 8, Title 19, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION , to be 37 known and designated as Section 19-869, Idaho Code, and to read as follows: 38 19-869. CREATION -- APPOINTMENT -- QUALIFICATIONS -- TERM -- COMPENSA- 39 TION. (1) The office of state appellate public defender is hereby created in 40 the department of self-governing agencies. 41 (2) The state appellate public defender shall be appointed by the gover- 42 nor, with the advice and consent of the senate, from a list of not less than 43 two (2) nor more than four (4) qualified persons recommended by a committee 44 consisting of the president of the Idaho state bar association, the chairman 45 of the senate judiciary and rules committee and the chairman of the house 46 judiciary, rules and administration committee and a citizen at large appointed 47 by the governor. The chief justice of the Idaho supreme court, or her desig- 48 nee, shall be an ex officio member of the committee. 49 (3) The state appellate public defender shall be an attorney licensed to 3 1 practice law in the state of Idaho and shall have a minimum of five (5) years' 2 experience as a practicing attorney. The governor may prescribe such further 3 qualifications as he deems necessary for the position. 4 (4) The state appellate public defender shall serve for a term of four 5 (4) years, during which term he may be removed only for good cause, and shall 6 be compensated in an amount determined by the governor. 7 (5) The state appellate public defender may adopt policies or rules nec- 8 essary to give effect to the purposes of this act. 9 SECTION 5. That Chapter 8, Title 19, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 19-870, Idaho Code, and to read as follows: 12 19-870. POWERS AND DUTIES. (1) Subject to the provisions of subsection 13 (2) of this section, the state appellate public defender, upon appointment by 14 the court, shall provide representation for indigent defendants in felony 15 criminal actions in the following cases: 16 (a) Appeals from convictions in district court; 17 (b) Appeals from the district court in post-conviction relief proceedings 18 brought pursuant to the uniform post-conviction procedure act, chapter 49, 19 title 19, Idaho Code; 20 (c) Appeals from the district court in habeas corpus proceedings brought 21 pursuant to chapter 42, title 19, Idaho Code; 22 (d) Post-conviction relief proceedings in district court in capital 23 cases. 24 (2) The services of the state appellate public defender shall be avail- 25 able only to those counties participating in the capital crimes defense fund 26 established pursuant to section 19-863A, Idaho Code. 27 (3) The state appellate public defender may employ deputy state appellate 28 public defenders and other employees necessary to carry out the responsibili- 29 ties of the office. The state appellate public defender, in his discretion, 30 may contract with private attorneys to provide representation on a case-by- 31 case basis when such contracts would conserve budgetary resources. 32 (a) A deputy state appellate public defender must be licensed to practice 33 law in the state of Idaho and possess any other qualifications required by 34 the state appellate public defender. 35 (b) The state appellate public defender shall fix the compensation of all 36 employees of the office and they shall serve at his pleasure. 37 (c) The state appellate public defender, deputy state appellate public 38 defenders and all employees of the office of the state appellate public 39 defender shall be nonclassified employees, pursuant to section 67-5303, 40 Idaho Code. 41 (4) The state appellate public defender shall have any and all other 42 powers and duties necessary to carry out the purposes of this act, including 43 the authority to promulgate rules in accordance with the provisions of chapter 44 52, title 67, Idaho Code. 45 SECTION 6. That Chapter 8, Title 19, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION , to be 47 known and designated as Section 19-871, Idaho Code, and to read as follows: 48 19-871. APPOINTMENT OF ADDITIONAL COUNSEL. Should the state appellate 49 public defender be unable to carry out the duties required in this act because 50 of a conflict of interest or any other reason, the state appellate public 51 defender shall arrange for counsel for indigent defendants to be compensated 4 1 out of the budget of the state appellate public defender. 2 SECTION 7. That Chapter 8, Title 19, Idaho Code, be, and the same is 3 hereby amended by the addition thereto of a NEW SECTION , to be 4 known and designated as Section 19-872, Idaho Code, and to read as follows: 5 19-872. ANNUAL REPORT. The state appellate public defender shall make an 6 annual report to the state board of examiners, the supreme court, the legisla- 7 ture and all counties for whom the office has provided services concerning the 8 cases handled by his office during the preceding year. 9 SECTION 8. That Section 67-5303, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of 12 Idaho and all employees in such departments, except those employees specifi- 13 cally defined as nonclassified, shall be classified employees, who are subject 14 to this act and to the system of personnel administration which it prescribes. 15 Nonclassified employees shall be: 16 (a) Members of the state legislature and all other officers of the state 17 of Idaho elected by popular vote, and persons appointed to fill vacancies in 18 elective offices, and employees of the state legislature. 19 (b) Members of statutory boards and commissions and heads of departments 20 appointed by and serving at the pleasure of the governor, deputy directors 21 appointed by the director and members of advisory boards and councils 22 appointed by the departments. 23 (c) All employees and officers in the office, and at the residence, of 24 the governor; and all employees and officers in the offices of the25lieutenant-governorlieutenant governor , secretary of 26 state, attorney general, state treasurer, state controller, and state superin- 27 tendent of public instruction who are appointed on and after the effective 28 date of this act. 29 (d) Except as otherwise provided by law, not more than one (1) declared 30 position for each board or commission and/or head of a participating depart- 31 ment in addition to those declared to be nonclassified by other provisions of 32 law. 33 (e) Part-time professional consultants who are paid on a fee basis for 34 any form of legal, medical or other professional service, and who are not 35 engaged in the performance of administrative duties for the state. 36 (f) Judges, temporary referees, receivers and jurors. 37 (g) All employees of the Idaho supreme court and district courts. 38 (h) All employees of the Idaho state bar. 39 (i) Assistant attorneys general attached to the office of the attorney 40 general. 41 (j) Officers, members of the teaching staffs of state educational insti- 42 tutions, the professional staff of the Idaho department of education adminis- 43 tered by the board of regents and the board of education, and the professional 44 staffs of the Idaho department of vocational education and vocational rehabil- 45 itation administered by the state board for vocational education. "Teaching 46 staff" includes teachers, coaches, resident directors, librarians and those 47 principally engaged in academic research. The word "officer" means presidents, 48 vice presidents, deans, directors, or employees in positions designated by the 49 state board who receive an annual salary of not less than step "A" of the pay 50 grade equivalent to three hundred fifty-five (355) Hay points in the state 51 compensation schedule. A nonclassified employee who is designated as an 5 1 "officer" on July 5, 1991, but does not meet the requirements of this subsec- 2 tion, may make a one (1) time irrevocable election to remain nonclassified. 3 Such an election must be made not later than August 2, 1991. When such posi- 4 tions become vacant, these positions will be reviewed and designated as either 5 classified or nonclassified in accordance with this subsection. 6 (k) Employees of the military division not assigned to the bureau of 7 disaster services. 8 (l) Patients, inmates or students employed in a state institution. 9 (m) Persons employed in positions established under federal grants, 10 which, by law, restrict employment eligibility to specific individuals or 11 groups on the basis of nonmerit selection requirements. Such employees shall 12 be termed "project exempt" and the tenure of their employment shall be limited 13 to the length of the project grant, or twenty-four (24) months, or four thou- 14 sand one hundred sixty (4,160) hours of credited state service, whichever is 15 of the shortest duration. No person hired on a project-exempt appointment 16 shall be employed in any position allocated to the classified service. 17 (n) Temporary employees. 18 (o) All employees and officers of the following named commodity commis- 19 sions, and all employees and officers of any commodity commission created 20 hereafter: the Idaho potato commission, as provided in chapter 12, title 22, 21 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28, 22 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, 23 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30, 24 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap- 25 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap- 26 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided 27 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided 28 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided 29 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as 30 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis- 31 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand 32 board, as provided in chapter 11, title 25, Idaho Code; the Idaho beef coun- 33 cil, as provided in chapter 29, title 25, Idaho Code; and the Idaho dairy 34 products commission, as provided in chapter 31, title 25, Idaho Code. 35 (p) All inspectors of the fresh fruit and vegetable inspection service of 36 the Idaho department of agriculture, except those positions involved in the 37 management of the program. 38 (q) All employees of the division of correctional industries within the 39 department of correction. 40 (r) All wardens employed by the department of correction. 41 (s) All public information positions with the exception of secretarial 42 positions, in any department. 43 (t) Any division administrator. 44 (u) Any regional administrator or assistant administrator in the division 45 of environmental protection in the department of health and welfare. 46 (v) All employees of the division of financial management. 47 (w) All employees of the Idaho food quality assurance institute. 48 (x) The state appellate public defender, deputy state appellate 49 public defenders and all other employees of the office of the state appellate 50 public defender.