1998 Legislation
Print Friendly

SENATE BILL NO. 1306 – Public defenders, appointment

SENATE BILL NO. 1306

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1306................................................by JUDICIARY AND RULES
PUBLIC DEFENDERS - Amends existing law to provide that the administrative
judge of the county's judicial district or his designee shall appoint the
committee of lawyers to designate the panel from which the public defender
or juvenile public defender shall be chosen.

01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/02    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne,
      Wheeler, Whitworth
      NAYS--None
      Absent and excused--Stennett, Sweeney, Twiggs
    Floor Sponsor - Riggs
    Title apvd - to House
02/05    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
      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, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Jones(9), Kempton, Mr Speaker
    Floor Sponsor - Clark
    Title apvd - to Senate
03/13    To enrol
03/16    Rpt enrol - Pres signed
    Sp signed
03/17    To Governor
03/18    Governor signed
         Session Law Chapter 72
         Effective: 07/01/98

Bill Text


S1306


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1306

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO PUBLIC DEFENDERS; AMENDING SECTION 19-860, IDAHO CODE, TO  PROVIDE
 3        THAT  THE  ADMINISTRATIVE  JUDGE  OF THE COUNTY'S JUDICIAL DISTRICT OR HIS
 4        DESIGNEE SHALL APPOINT THE COMMITTEE OF LAWYERS WHO ARE TO  DESIGNATE  THE
 5        PANEL  FROM WHICH THE PUBLIC DEFENDER OR JUVENILE PUBLIC DEFENDER SHALL BE
 6        CHOSEN.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Section 19-860, Idaho Code, be, and the  same  is  hereby
 9    amended to read as follows:

10        19-860.  PUBLIC  DEFENDER -- TERM -- COMPENSATION -- APPOINTMENT -- QUALI-
11    FICATIONS -- COURT APPOINTED ATTORNEYS -- COMPENSATION. (a) If  the  board  of
12    county commissioners of a county elects to establish and maintain an office of
13    public defender and/or juvenile public defender, the board shall:
14        (1)  Prescribe  the  qualifications  of  such public defender, his term of
15        office (which may not be less than two (2) years), and his rate of  annual
16        compensation,  and, if so desired by the board, a rate of compensation for
17        extraordinary services not recurring on a regular basis. So far as is pos-
18        sible, the compensation paid to such public defender  shall  not  be  less
19        than  the  compensation  paid to the county prosecutor for that portion of
20        his practice devoted to criminal law.
21        (2)  Provide for the establishment, maintenance and support of his office.
22        The board of county commissioners shall appoint a public  defender  and/or
23        juvenile  public  defender  from a panel of not more than five (5) and not
24        fewer than three (3) persons (if that many are available) designated by  a
25        committee  of  lawyers appointed by the  senior district judge having
26        resident chambers within the county, or if there be no  resident  district
27        judge,  then  by  the  senior  district   administrative 
28        judge of the judicial district encompassing the county  or his desig-
29        nee . To be a candidate, a person must be licensed to  practice  law
30        in this state and must be competent to counsel and defend a person charged
31        with  a  crime.  During his incumbency, such public defender may engage in
32        the practice of civil law and criminal law other than in the discharge  of
33        the  duties  of  his  office, unless he is prohibited from doing so by the
34        board of county commissioners.
35        (b)  If a court before whom a person appears upon a formal charge  assigns
36    an  attorney  other  than  a  public defender to represent a needy person, the
37    appropriate district court, upon application,  shall  prescribe  a  reasonable
38    rate  of compensation for his services and shall determine the direct expenses
39    necessary to representation for which he  should  be  reimbursed.  The  county
40    shall  pay  the attorney the amounts so prescribed. The attorney shall be com-
41    pensated for his services with regard to the complexity  of  the  issues,  the
42    time involved, and other relevant considerations.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
    
                                 RS07493
    
    This bill is one or a series of bills that the 
    Justices of the Supreme Court transmitted to the Governor 
    in their annual "defects in the laws" report under Art. 5, 
    Sec. 25 of the Idaho Constitution.
    
    Section 19-860, Idaho Code, covers the appointment of a 
    county public defender who represents indigent criminal 
    defendants by the board of county commissioners. This 
    statute provides, among other things, that a "senior judge" 
    in the judicial district is to appoint a committee of 
    lawyers to review public defender candidates for nomination 
    to the county commissioners.
    
    However, the office of "senior judge" has been 
    replaced an "administrative judge" who under the current 
    law carries out the administrative responsibilities for a 
    judicial district. This bill substitutes the administrative 
    judge or designee for the archaic reference to a senior 
    judge.
    
                               FISCAL NOTE
    
    This bill will not have an impact on state or local 
    funds
    
    Contact Person:
    
    Patricia Tobias
    Administrative Director ofthe Courts
    Idaho Supreme Court
    ( 2 0 8 ) 3 34 - 2246
    
    
    Statement or Purpose/Fiscal Note
    
    S 1306