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The Public Defense Commission staff remains available to assist our stakeholders and the public.  As part of protecting the community from COVID-19 we are offering video and telephonic meetings and encouraging the wearing of face coverings and physical distancing indoors and when visiting the PDC office.  We welcome your phone calls and emails.  For the latest information about COVID-19 in Idaho, please visit  https://coronavirus.idaho.gov/

Kathleen J. Elliott, Executive Director

PDC Office: 208-332-1735
PDC Contact List

 

Please check http://www.idacdl.org/  for updates

Presented by the National Association for Public Defense, in partnership with the Idaho Public Defense Commission. – August 19 – 21, 2019 – Registration and Lodging Limited!

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The Public Defense Commission (PDC) and the National Association for Public Defense (NAPD) would like to invite you and your defense team (see below) to bring a current case for a non-capital client and participate in the Team Mitigation Institute on August 19-21, 2019 in Boise, Idaho. Registration and Lodging are limited, so please act quickly if you wish to secure a spot! Contact info@pdc.idaho.gov to reserve your spot!

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Concordia University School of Law
501 W Front St
Boise, ID  United States  83702

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Conference Information

“This was one of the most informative conferences that I have ever attended. I found every presentation to be worthwhile and the small team work was an invaluable experience. Our entire team had a positive experience, largely due to the organization of the conference, the content covered, and our small group trainer.
– Elizabeth J. Loebman describing the Atlanta TMI.”

Mitigation created by a team of professionals in non capital case is increasingly becoming the standard of practice.   This  bring-your-own-case institute is designed for defense teams to work on the mitigation for  a non-capital client.    The institute is a mix of presentations followed up by small group work facilitated experienced faculty.   Participants are encouraged to come with their defense team (attorneys, investigators, paralegals, social workers, mitigation specialists and other sentencing advocates).  Sole team members are welcome, if you are unable to bring others on your client’s case.

Topics featured at the institute include

• Creating the Mitigation Story
• Organizing the defense team
• Mental Illness and Chemical Dependency
• Intersectionality and the Use of Self
• Mapping techniques to turn data into advocacy

Small groups will be assigned so that you will work with teams with similar cases.   Some may have clients with a realistic chance or diversion, others may be working toward lowering the terms of years.

Groups will also be specific to the characteristics of the clients (i.e juvenile or mental illness).

Prices

Up to Aug 5
Members – $440
Non Members – $490

After  Aug 5
Members – $490
Non Members – $540

Volume discount of $25 for each registrant after the first 5 in a group. 

We have a limited room block set up with the Hyatt Place Boise/Downtown Hotel.  Information on booking a room will be provided in the confirmation email after registration.   The room rate is $139 per night.  

Current agenda (subject to change) 

August 19, 2019
12:00 -1:15
Presentation
An overview: Mitigation and integration throughout the case from start of case  – Lori James Townes

• Overview of the goals of the institute
• Getting to know out clients beyond the charges
• Frontloading Mitigation with the judge, prosecutor and jury (even if going for a not guilty verdict)
• Demo of Mitigation Argument

1:30-2:15
Small group

• Introductions of participants
• Introduce your client

2:30 -3:15
Presentation
Team Mitigation: Creating and working with an Attorney-Led Defense Team of Investigator and Mental Health-Mitigation Specialist – Lorinda Youngcourt

• The advantages of a multidisciplinary team that is led by the attorney and has an investigator and mitigation specialist with a mental health background
• Defining roles based on strengths of team members
• Organizing the tasks and documents
• Checklist

3:30 – 4:30
Small group

• Creating your Mitigation Team
• Initial communication to Team
• communicating responsibilities
• Maintaining the file
• Checklists

August 20, 2019
8:30-9:15
Presentation
The Why:  Creating the Story of Mitigation – Cyndy Short

• Answering the why questions to create build compassion
• Striking the balance between connecting the audience with the client’s strengths and the challenges faced by our client.
• Putting the world right again through restoration, punishment and deterrence
• Paint the picture of a future for the client after the sentence is complete

9:30 – 11:30
Small Groups

• WhyStorming – identifying the questions that must be answered
• Finding those answers through investigation
• Draft the theory of mitigation

Lunch
1-2
Presentation
Mental illness, chemical dependency and our clients – Jeff Chapdeliaine

• Weaving these facts into the story of our client so they are perceived as mitigating rather than aggravating.

2:15-3:15
Presentation
Mapping to Tell the Story – Amy Nyugen

• Creative uses of maps and other images to turn data into a story

3:30 – 4:30
Small group
Defense Team develops a plan, responsibilities assigned, work product reviewed and evaluated

Aug 21, 2019
8:30-9:30
Intersectionality and the Use of Self – Cessie Alfonso
A discussion of intersectionality, what it is, and how its’ understanding can create a more dynamic relationship between yourself and your client. Learning what makes the Self and how it can be used to increase connection with all individuals you work with. The Self is created as a result of environment and relationships. When you bring the Self to the table through skills and techniques, you show your counterpart that you will advocate with empathy and understanding.

9:45-10:45
Small Groups

11:00-Noon

Small Groups

• Present the current story of mitigation to the group
• Action Planning

Noon – 1 pm
Closing   –  Cynthia Roseberry

This year the PDC has requested permission to write two new rules. Each rule will be building upon the PDC’s Standards for Defending Attorneys.

Both rules will amend the Standards for Defending Attorneys, Edition 2018. One rule will implement the principle that the delivery of indigent defense services shall be independent of political and judicial influence. The other will implement the principle of reasonable equity between defending attorneys and prosecuting attorneys with respect to resources, staff and facilities.

To help create both rules, the PDC has scheduled a series of negotiated rulemaking meetings throughout the State. Please see below for those dates.

Thursday, July 11, 2019 4:00 p.m. (MT) Boise	Friday, July 12, 2019 4:00 p.m. (MT) Twin Falls
Idaho Law and Justice Learning Center 514 W. Jefferson Street Boise, ID 83702	Twin Falls Public Library Program Room 201 4th Ave E Twin Falls, ID 83301
Monday, July 15, 2019 4:00 p.m. (MT) Caldwell	Thursday, July 18, 2019 4:00 p.m. (PT) Lewiston
County Administrative Building 1st Floor Public Hearing Room 111 North 11th Avenue Caldwell, ID 83605	Lewiston City Library Board Room 411 D Street Lewiston, ID 83501
Friday, July 19, 2019 4:00 p.m. (PT) Coeur d’Alene	Monday, July 22, 2019 4:00 p.m. (MT) Pocatello
Coeur d’Alene Public Library Gozzer Room 702 E. Front Avenue Coeur d’Alene, ID 83814	Idaho State University Pond Building – Heritage Room 921 South 8th St. Pocatello, ID 83209
Tuesday, July 23, 2019 5:00 p.m. (MT) Idaho Falls
Idaho Falls Public Library Conference Room 208 457 West Broadway Idaho Falls, ID 83402

Please see the complete 2019 Negotiated Rule Making Notice for more details.

The 2019 Idaho Legislature did not reauthorize all existing administrative rules as they have traditionally done in the past. §67-5292 states that all administrative rules automatically expire on July 1 unless extended by statute. As a result, the Governor directed the Idaho Department of Fiscal Management and all state executive agencies to exercise necessary executive authority to minimize the impact on state agencies, and the public most importantly.

The PDC has posted a section of a special edition of the Idaho Administrative Bulletin which re-publishes the State’s administrative rules as temporary and proposed rules concurrently, with an effective date of June 30, 2019. This excerpt contains all the PDC’s IDAPA Rules. This approach ensures the state’s administrative rules will continue to have the full force and effect of law. This republishing also opens all PDC rules for written comments for 21 days after the date of this bulletin.

• Special Edition of the Idaho Administrative Bulletin

Below is a list of PDC rules that have been re-authorized by the governor. All these rules are open to public written comment for 21 days. To submit a written comment, please contact either your regional coordinator, submit your comments in writing to the Boise office of the PDC, or email them to info@pdc.idaho.gov.

• 61.01.01 – Rules Governing Training Requirements for Defending Attorneys and the Administration of Training Funds
• 61.01.02 – Rules Governing Uniform Data Reporting Requirements and Forms for Defending Attorney Annual Reports
• 61.01.03 – Rules Governing Contracts and Core Requirements for Contracts Between Counties and Private Attorneys for the Provision of Indigent Defense Services
• 61.01.04 – Rules Governing Procedures and Forms for the Application and Disbursement of Indigent Defense Grants
• 61.01.06 – Rules Governing Procedures for the Oversight, Implementation, Enforcement,and Modification of Indigent Defense Standards
• 61.01.07 – Rules Governing Standards for Defending Attorneys that Utilize Idaho’s Principles of an Indigent Defense Delivery System
• 61.01.08 – Rules Governing the Administration of Idaho’s Indigent Defense Delivery System – Rule Definitions