TITLE 19

CRIMINAL PROCEDURE

CHAPTER 59

STATE APPELLATE PUBLIC DEFENDER ACT

19-5905.  Powers and duties. (1) Consistent with the state of Idaho’s obligation to provide indigent public defense pursuant to the sixth amendment to the constitution of the United States, section 13, article I of the constitution of the state of Idaho, and the provisions of this chapter, the state appellate public defender, upon appointment by the court, shall provide representation for indigent defendants in the following cases:

(a)  Appeals from convictions or post-judgment orders in district court;

(b)  Interlocutory criminal appeals from district court;

(c)  Appeals from the district court of misdemeanor cases;

(d)  Appeals from the district court of orders or final judgments affecting a juvenile offender under the juvenile corrections act, chapter 5, title 20, Idaho Code;

(e)  Appeals from the district court in post-conviction relief proceedings brought pursuant to the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code;

(f)  Appeals from the district court in habeas corpus proceedings brought pursuant to chapter 42, title 19, Idaho Code; and

(g)  Post-conviction relief proceedings in district court in capital cases.

(2)  The state appellate public defender may employ deputy state appellate public defenders and other employees necessary to carry out the responsibilities of the office. A deputy state appellate public defender must be licensed to practice law in the state of Idaho and possess any other qualifications required by the state appellate public defender. The state appellate public defender shall fix the compensation of all employees of the office and they shall serve at his pleasure.

(3)  The state appellate public defender, deputy state appellate public defenders, and all employees of the office of the state appellate public defender shall be nonclassified employees pursuant to section 67-5303, Idaho Code.

(4)  The state appellate public defender, in his discretion, may contract with private attorneys to provide representation on a case-by-case basis when such contracts would conserve budgetary resources.

(5)  The state appellate public defender shall have any and all other powers and duties necessary to carry out the purposes of this chapter.

History:

[19-5905, added 2021, ch. 164, sec. 2, p. 466; am. 2023, ch. 220, sec. 21, p. 676; am. 2024, ch. 270, sec. 2, p. 937.]