TITLE 19

CRIMINAL PROCEDURE

CHAPTER 59

STATE APPELLATE PUBLIC DEFENDER ACT

19-5904.  state appellate public defender — appointment — term — qualifications — prohibited conduct — removal — vacancies — compensation. (1) The state appellate public defender shall be appointed by the governor, with the advice and consent of the senate, to serve a four (4) year term and may be reappointed to subsequent terms in the same manner.

(2)  The state appellate public defender must meet the following qualifications on the effective date of his appointment:

(a)  Be at least thirty (30) years of age;

(b)  Be a citizen of the United States;

(c)  Have held a license to practice law or a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment;

(d)  Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter; and

(e)  Have at least five (5) years of criminal defense or appellate experience, or a combination thereof.

(3)  The state appellate public defender shall not:

(a)  Engage in the practice of law outside his role in the office of the state appellate public defender, except for the practice of law that is permitted for a judge by the Idaho code of judicial conduct;

(b)  Hold or be a candidate for any federal, state, county, municipal, judicial, district, or other elective office; provided, however, this section shall not be interpreted to prohibit the state appellate public defender from seeking appointment to another office, including state or federal judicial office;

(c)  Serve as the agent, representative, officer, political treasurer, or employee, for profit or otherwise, of any political party, political committee, or candidate, as such terms are defined in chapter 66, title 67, Idaho Code; or

(d)  Hold any other public or private sector position, for profit or otherwise, except for volunteer positions that are not inconsistent with the duties of the state appellate public defender.

(4)  The state appellate public defender may be removed from office by the governor for failing to retain the qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct set forth in subsection (3) of this section, or for good cause shown. If the state appellate public defender is removed from office, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.

(5)  If the state appellate public defender resigns, dies, or is removed from office as provided by law, the governor shall appoint a person who meets the qualifications established in this section, subject to the advice and consent of the senate, to fill the remainder of the unexpired term.

(6)  The state appellate public defender shall be compensated in an amount determined by the governor.

History:

[19-5904, added 2023, ch. 220, sec. 20, p. 675.]