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S1053................................................by JUDICIARY AND RULES
ATTORNEY'S FEES - Amends existing law to provide for reimbursement to the
county by certain needy persons who have received services of an attorney
provided at public expense; and to provide that the immediate inability of
the needy person to pay the reimbursement shall not alone restrict the
court from ordering reimbursement.
02/01 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams,
NAYS -- Whitworth
Absent and excused -- Danielson, Goedde
Floor Sponsor -- Davis
Title apvd - to House
02/21 House intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 61-2-7
AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Hornbeck, Jaquet,
Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young(Young), Mr.
Speaker
NAYS -- Bieter, Henbest(Farley)
Absent and excused -- Campbell, Higgins, Kellogg, Montgomery,
Pischner, Roberts, Smith
Floor Sponsor -- Moss
Title apvd - to Senate
03/29 To enrol
Rpt enrol - Pres signed
03/30 Sp signed - to Governor
04/02 Governor signed
Session Law Chapter 287
Effective: 04/02/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1053
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO REIMBURSEMENT OF ATTORNEY'S FEES BY CERTAIN NEEDY PERSONS; AMEND-
3 ING SECTION 19-854, IDAHO CODE, TO PROVIDE FOR REIMBURSEMENT TO THE COUNTY
4 BY CERTAIN NEEDY PERSONS WHO HAVE RECEIVED SERVICES OF AN ATTORNEY PRO-
5 VIDED AT PUBLIC EXPENSE, TO PROVIDE THAT THE IMMEDIATE INABILITY OF THE
6 NEEDY PERSON TO PAY THE REIMBURSEMENT SHALL NOT ALONE RESTRICT THE COURT
7 FROM ORDERING REIMBURSEMENT AND TO MAKE TECHNICAL CORRECTIONS; AND DECLAR-
8 ING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 19-854, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 19-854. DETERMINATION OF NEED -- FACTORS CONSIDERED -- PARTIAL PAYMENT BY
13 ACCUSED -- REIMBURSEMENT. (a) The determination of whether a person covered by
14 section 19-852, Idaho Code, is a needy person shall be deferred until his
15 first appearance in court or in a suit for payment or reimbursement under sec-
16 tion 19-858, Idaho Code, whichever occurs earlier. Thereafter, the court con-
17 cerned shall determine, with respect to each proceeding, whether he is a needy
18 person.
19 (b) In determining whether a person is a needy person and in determining
20 the extent of his inability to pay, the court concerned may consider such fac-
21 tors as income, property owned, outstanding obligations, and the number and
22 ages of his dependents. Release on bail does not necessarily prevent him from
23 being a needy person. In each case, the person shall, subject to the penalties
24 for perjury, certify in writing or by other record such material factors
25 relating to his ability to pay as the court prescribes.
26 (c) To the extent that a person covered by section 19-852, Idaho Code, is
27 able to provide for an attorney, the other necessary services and facilities
28 of representation, and court costs, the court may order him to provide for
29 their payment.
30 (d) A needy person who receives the services of an attorney provided by
31 the county may be required by the court to reimburse the county for all or a
32 portion of the cost of those services. The immediate inability of the needy
33 person to pay the reimbursement shall not, in and of itself, restrict the
34 court from ordering reimbursement.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
STATEMENT OF PURPOSE
RS 10671
Recently the Idaho Court of Appeals (State of Idaho vs. Burnell
Owen Weaver), 2000 opinion number seventy-three ruled that the
current statutory construction providing for reimbursement of
Public Defender fees was inadequate. The purpose of this bill is
to correct Idaho Code Section 19 854 to be consistent with the
Court s analysis. The purpose of this bill is to allow counties
to recover court ordered reimbursement of attorneys fees.
FISCAL IMPACT
The effect of the Idaho Court of Appeals decision is to deny our
counties the right to recover reimbursements amounting to several
hundred thousand dollars per year throughout the State of Idaho.
Contact
Name: Bart M. Davis
Phone:
332 1339
STATEMENT OF PURPOSE/FISCAL NOTE S 1053