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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 - 2001IN 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