Print Friendly SENATE BILL NO. 1044 – Post-conviction relief proceedings
SENATE BILL NO. 1044
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S1044................................................by JUDICIARY AND RULES
POST-CONVICTION RELIEF PROCEEDINGS - Amends existing law to clarify the
types of post-conviction relief proceedings the state appellate public
defender may be appointed to by a court; to require the state appellate
public defender to continue representing certain defendants in retrial or
resentencing; and to require the state appellate public defender to obtain
conflict counsel for certain defendants.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1044
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE POWERS AND DUTIES OF THE STATE APPELLATE PUBLIC DEFENDER;
3 AMENDING SECTION 19-870, IDAHO CODE, TO CLARIFY THE TYPES OF POST-CONVIC-
4 TION RELIEF PROCEEDINGS THE STATE APPELLATE PUBLIC DEFENDER MAY BE
5 APPOINTED TO BY A COURT, TO REQUIRE THE STATE APPELLATE PUBLIC DEFENDER TO
6 CONTINUE REPRESENTING CERTAIN DEFENDANTS IN RETRIAL OR RESENTENCING AND TO
7 REQUIRE THE STATE APPELLATE PUBLIC DEFENDER TO OBTAIN CONFLICT COUNSEL FOR
8 CERTAIN DEFENDANTS; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 19-870, Idaho Code, be, and the same is hereby
11 amended 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, where the appellant was
17 convicted on or after September 1, 1998;
18 (b) Appeals from the district court in post-conviction relief proceedings
19 brought pursuant to the uniform post-conviction procedure act, chapter 49,
20 title 19, Idaho Code, where the denial of the post-conviction relief
21 occurred on or after September 1, 1998;
22 (c) Appeals from the district court in habeas corpus proceedings brought
23 pursuant to chapter 42, title 19, Idaho Code, where the petition was
24 denied on or after September 1, 1998;
25 (d) Post-conviction relief proceedings in district court in capital cases
26 where the appellant was sentenced on or after September 1, 1998, or where
27 the court has appointed the state appellate public defender or the state
28 appellate public defender has accepted the request by the court for repre-
29 sentation in the case and such event occurred on or after July 1, 1998,
30 but before March 1, 1999.
31 (e) For purposes of paragraph (d) of this subsection, the term
32 "post-conviction relief proceedings" shall mean all proceedings in state
33 courts following entry of the death sentence and appointment of the state
34 appellate public defender other than motions under Idaho criminal rule 35
35 and other posttrial motions incident to the underlying criminal case which
36 resulted in the imposition of the death sentence. In the event that the
37 state appellate public defender obtains a new trial or a new sentencing
38 hearing in a post-conviction proceeding or on appeal, the state appellate
39 public defender shall continue to represent the capital defendant in a
40 retrial or resentencing and shall be responsible for obtaining conflict
41 counsel for post-conviction following reimposition of the sentence of
42 death, should that occur.
43 (2) The services of the state appellate public defender shall be avail-
1 able only to those counties participating in the capital crimes defense fund
2 established pursuant to section 19-863A, Idaho Code.
3 (3) The state appellate public defender may employ deputy state appellate
4 public defenders and other employees necessary to carry out the responsibili-
5 ties of the office. The state appellate public defender, in his discretion,
6 may contract with private attorneys to provide representation on a case-by-
7 case basis when such contracts would conserve budgetary resources.
8 (a) A deputy state appellate public defender must be licensed to practice
9 law in the state of Idaho and possess any other qualifications required by
10 the state appellate public defender.
11 (b) The state appellate public defender shall fix the compensation of all
12 employees of the office and they shall serve at his pleasure.
13 (c) The state appellate public defender, deputy state appellate public
14 defenders and all employees of the office of the state appellate public
15 defender shall be nonclassified employees, pursuant to section 67-5303,
16 Idaho Code.
17 (4) The state appellate public defender shall have any and all other
18 powers and duties necessary to carry out the purposes of this act, including
19 the authority to promulgate rules in accordance with the provisions of chapter
20 52, title 67, Idaho Code.
21 SECTION 2. An emergency existing therefor, which emergency is hereby
22 declared to exist, this act shall be in full force and effect on and after its
23 passage and approval.
STATEMENT OF PURPOSE
Amendment to Idaho Code Section 19-870 et.seq to clarify the
jurisdiction of the State Appellate Public Defender in Death
Penalty Cases. The proposed amendment will clarify the
jurisdiction of the State Appellate Public Defender in death
penalty cases they have been assigned. It will ensure that the
State Appellate Public Defender will continue to represent the
capital defendant in re-trial or re-sentencing and will be
responsible, on those very infrequent occasions, for obtaining
conflict counsel for post-conviction proceedings following re-
imposition of the sentence of death, should that occur.
Additionally, the proposed amendment will ensure that the trial
defense counsel will continue to be responsible for post-trial
motions that are incident to the underlying case.
It is projected that the cost savings to the counties will be
substantial. Through the addition of the clarifying language to
the statute, counties participating in the capital crimes defense
fund are assured that once the death penalty has been imposed in
a capital case, the requirement of providing competent
representation to include conflict counsel rest with the Office
of the State Appellate Public Defender as the Legislature
intended. Given the case specific nature of capital litigation,
in those instances where supplemental spending appropriation is
needed, especially in the event of a re-trial or conflict, where
appropriate, the State Appellate Public Defender will request
Name: Ronaldo A. Coulter
State Appellate Public Defender
Phone: (208) 334-2712
STATEMENT OF PURPOSE/FISCAL NOTE S1044