TITLE 19

CRIMINAL PROCEDURE

CHAPTER 60

STATE PUBLIC DEFENDER ACT

19-6008.  INDIGENT PUBLIC DEFENSE — role of counties — public defense commission rules — transition. (1) Notwithstanding any provision of law to the contrary, on and after October 1, 2024:

(a)  All counties are released from any further financial or legal obligation to provide indigent public defense. On and after such date, the state assumes the full financial and legal obligation to provide indigent public defense pursuant to the sixth amendment to the United States constitution and section 13, article I of the constitution of the state of Idaho.

(b)  This release of financial and legal obligation to provide indigent public defense includes the release of any requirement for counties: to employ or contract with defending attorneys, investigators, social workers, legal assistants, or other personnel necessary to provide indigent public defense; to provide office furnishings, equipment, office materials, or office supplies; to provide information technology equipment, information technology software, communication equipment, communication software, equipment, or software licenses or subscriptions; to provide general office technology or equipment; or to assume any other expense necessary for indigent defense services on and after October 1, 2024.

(c)  Notwithstanding the provisions of this section, any county providing office space to a county office of public defense or a joint county office of public defense as of January 1, 2023, shall continue to make available the same or substantially similar office space for the use of the office of the state public defender until July 1, 2029, provided that:

(i)   Not later than January 1, 2027, the state public defender must provide to the board of county commissioners of any county providing office space to the office of the state public defender a facility transition plan outlining the state public defender’s intent to either procure other office space to house defending attorneys or enter into a contract with the board of county commissioners to lease office space from the board of county commissioners necessary to house defending attorneys;

(ii)  Nothing in this section shall be construed to obligate a board of county commissioners to provide office space to the office of the state public defender on and after July 1, 2029;

(iii) Nothing in this section shall prohibit the state public defender from notifying a board of county commissioners that provides office space to the office of the state public defender that the state public defender no longer needs part or all of the space obligated by this section prior to July 1, 2029. Such notice shall relieve the county board of commissioners of the obligation to provide office space to the office of the state public defender; and

(iv)  Notwithstanding the provisions of this section, each county must continue providing interviewing facilities in the county jail necessary for carrying out the state public defender’s responsibilities in law.

(d)  The state public defender shall reimburse a board of county commissioners for any expenses incurred in providing such office space, including but not limited to office furnishings, equipment, office materials, or office supplies; information technology equipment, information technology software, communication equipment, communication software, equipment, or software licenses or subscriptions; or general office technology or equipment or related expenses.

(e)  All administrative rules promulgated by the state public defense commission shall be repealed in accordance with the provisions of chapter 52, title 67, Idaho Code.

(2)  To effectuate an orderly transition to the office of the state public defender without unnecessary disruption of indigent defense services, counties and defending attorneys shall not prohibit access by the state public defender, or his designee, to information and data, including case files, that are necessary to establish a statewide case management system or for other administrative purposes in establishing the office of the state public defender. The state public defender and any designee shall have the ethical duty and legal obligation to maintain confidentiality and privacy of any information learned or obtained during the course of transition to the office of the state public defender while counties continue to provide indigent defense services. The state public defender at his discretion may require defending attorneys to use a case management system procured by the state public defender at no expense to counties or defending attorneys.

(3)  Upon termination of the public defense commission on July 1, 2024, all property and full-time positions at the commission shall transfer to the office of the state public defender.

(4)  All administrative rules promulgated by the public defense commission shall remain in effect while counties continue to provide indigent defense until October 1, 2024, when that obligation ends pursuant to this section.

(5)  To the greatest extent possible, the state public defender and district public defenders shall provide the option to defending attorneys employed by a county office of public defender or joint office of public defender on September 30, 2024, who meet the requirements and standards for defending attorneys, as well as support staff, the opportunity to continue employment with the office of the state public defender working in the county that previously employed them.

(6)  District magistrates commissions shall coordinate with the state public defender and begin the process of recruiting applicants, reviewing candidates, and selecting each district public defender as soon as practicable after July 1, 2024.

(7)  In order to advise the state public defender and provide input from counties and defending attorneys during the transition, the state public defender shall appoint a volunteer transition advisory board to advise on matters related to the transition of public defense through October 1, 2024. Board members shall be compensated as provided in section 59-509(a), Idaho Code. The board shall be composed of:

(a)  Two (2) representatives from the Idaho association of counties; and

(b)  Seven (7) attorneys, with one (1) attorney from each judicial district, whose practice, as certified by them at the time of their appointment, is predominately criminal defense, among whom not less than three (3) must be defending attorneys who are employed by a county or joint office of public defense, and not less than two (2) must be defending attorneys who contract with counties to provide public defense services.

History:

[19-6008, added 2023, ch. 220, sec. 1, p. 665.]