PDC News Flash
Next Commission Meeting:
Nov. 20, 2017 at 1:00pm at the PDC Office, 816 W Bannock St., Suite 201.
Rules & Standards:
IDAPA 61.01.07 - RULES GOVERNING THE STANDARDS FOR DEFENDING ATTORNEYS THAT UTILIZE IDAHO'S PRINCIPLES OF AN INDIGENT DEFENSE DELIVERY SYSTEM went into effect May 1, 2017. Compliance with this rule, and IDAPA 61.01.01 and 61.01.04, is required of Counties and Defending Attorneys by March 31, 2018, pursuant to Idaho Code 19-862A. All rules can be found here.
The PDC is not currently negotiating any rules.
RULEMAKING NOT MOVING FORWARD: On July 5, 2017, the PDC published a Notice of Intent to negotiate a workload standard in relation to IDAPA 61.01.07 - RULES GOVERNING STANDARDS FOR DEFENDING ATTORNEYS. Because the workload study is not yet complete, the PDC will not be moving forward with the negotiation on this portion of the rule at this time. A notice of intent to negotiate will be published at a later date.
The PDC has proposed IDAPA 61.01.06 - RULES GOVERNING PROCEDURES FOR THE OVERSIGHT IMPLEMENTATION, ENFORCEMENT, AND MODIFICATION OF INDIGENT DEFENSE STANDARDS and changes to IDAPA 61.01.07 - RULES GOVERNING THE STANDARDS FOR DEFENDING ATTORNEYS THAT UTILIZE IDAHO'S PRINCIPLES OF AN INDIGENT DEFENSE DELIVERY SYSTEM. The proposed rules were published in the October Idaho Administrative Bulletin. The PDC has also proposed IDAPA 61.01.08 - RULES GOVERNING THE ADMINISTRATION OF IDAHO'S INDIGENT DEFENSE DELIVERY SYSTEMS - RULE DEFINITIONS. This proposed rule will be published in the November Idaho Administrative Bulletin, but the text of the rule can be found here. Public hearings were held in each of the seven judicial districts in October. To Submit comments, please navigate to the Proposed and Pending Rules page.
The Idaho Public Defense Commission is committed to improving the delivery of trial-level indigent defense services by serving the Counties and Indigent Defense Providers of Idaho. We strive to ensure that the safeguards of the 6thAmendment to the United States Constitution and Article I, Sect. 13 of the State Constitution are met. We will collect data, support compliance with standards, provide training, and administer grants to achieve fair and just representation of the accused. In the words of Thomas Jefferson, “The price of freedom is eternal vigilance.”
Click here for a copy of the 2017 Report to the Legislature.
The State Public Defense Commission:
- Maintains standards to ensure that defending attorneys are providing representation within the safeguards of the Sixth Amendment to the U.S. Constitution;
- Serves as a clearing house of information for relevant stakeholders;
- Administers and allocates funds appropriated by the Legislature to Counties to ensure compliance with indigent defense standards;
- Provides training to defending attorneys;
- Establishes rules for public defender training and data collection regarding indigent defense services; and
- Keeps the Legislature apprised of any Sixth Amendment issues related to enforcement and funding.