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Indigent Defense Providers and Defending Attorneys

The PDC has been given the authority to create Indigent Defense Standards with which the defending attorneys must comply. These standards will be created by rule through the negotiated rulemaking process. For more information, navigate to the following pages:

Standards and Guidelines

Negotiated Rulemaking

Proposed and Pending Rules

FY2018 FINAL Compliance Checklist: a document to assist the counties determine which standards apply in a given fiscal year and when those standards must be met.

Pursuant to Idaho Code 19-850, the State Public Defense Commission has been charged with establishing training and continuing legal education requirements with regard to the following types of cases: criminal, juvenile, abuse and neglect, post-conviction, civil commitment, capital, and civil contempt. As part of that mission, the Commission offers Defending Attorneys training and continuing legal education opportunities to those who qualify. State statute defines a "defending attorney" as "any attorney employed by the office of public defender, contracted by the county or otherwise assigned to represent adults or juveniles at public expense." (I.C. 19-851(1).) The State Public Defense Commission makes an attempt to maintain a current roster of all institutional, contract and conflict public defenders throughout the state. If you are not on our mailing list and currently work for a county public defender agency, work under a contract with a County Board of Commissioners, or frequently take indigent appointments, please contact us directly.

IDAPA 61.01.01 - Training Rule

Pursuant to Idaho Code 19-850(2)(d), the PDC may provide training and continuing legal education for indigent defense services. The legislature has appropriated training funds to the PDC. These rules create the procedures by which the PDC will use these funds and provide training to defending attorneys and their staff. Click here for training rules that went into effect on July 1, 2016.

IDAPA 61.01.07 - Standards for Defending Attorneys

Idaho's Defending Attorneys are required to maintain their Idaho State Bar license and complete Continuing Legal Education requirements. For the current rules, navigate to Rules (Standards) page. In summary, defending attorneys shall complete 7 hours of CLE's annually that are relevant to the representation of indigent defendants or other individuals who are entitled to be represented by an attorney at public expense. Additionally, for those attorneys who handle cases requiring specialized knowledge, 3 CLE's within 2 years of handling such cases is required that are pertinent to the specialized area. The PDC is currently proposing training and education requirements for those attorneys who handle capital cases. To review the proposed rule, navigate to the Proposed and Pending Rules page.

upcoming conferences

September 20, 2017 - 11:30am -  Medical Record Review for Criminal Defense Attorneys, Webinar, by Jennifer Grossman, BSN, RN, LNC, Brooklyn, NY. Contact our office for the link.

November 6-7, 2017: 2017 Idaho Indian Child Welfare Conference - Understanding and Implementing IWCA Regulations, The Riverside Hotel, Boise, ID. Casey Family Programs, The Nez Perce Tribe and State of Idaho Health & Welfare. Brochure | Registration

November 8-9, 2017: 2017 Idaho Indian Child Welfare Conference - Understanding and Implementing IWCA Regulations, Clearwater River Casino Event Center, Lewiston, ID. Casey Family Programs, The Nez Perce Tribe and State of Idaho Health & Welfare. Brochure | Registration

January 2018 - Conference for Juvenile Defenders (tentative)

April 20-21, 2018 - IdACDL Sun Valley Seminar, Sun Valley, ID (tentative)

May 2018 - Defending Sex Offense cases  OR Forensic Sciences for Defense Attorneys (tentative)

August 2018 - PD Summit and Trial School - a collaboration between the PDC and the NACDL. Information coming soon!

Scholarship Application: The rules allow the PDC to approve the attendance of attorneys or other staff to attend conferences that are not sponsored by the PDC. Please read the rules, then download the appropriate application for a scholarship.

Application for Scholarship Funding - use this form to apply for non-PDC sponsored training programs

Application for Scholarship PDC Program - use this form if you are non-attorney staff and would like to attend a PDC sponsored training program

Submit the application via email or fax to the PDC.

ARCHIVED WEBINARS

The Public Defense Commission plans on offering MCLE credit through archived webinars hosted by the National Association for Public Defense (NAPD) at their MyGideon site. Those webinars are only available to dues-paying members. If you are interested in joining NAPD, the Public Defense Commission conducts a membership drive twice each year and will cover your dues. Please contact us for more information regarding NAPD membership.

For access to the archived webinars, visit My Gideon.

Attorneys can download a simple “blackletter” version of relevant state statutes or applicable court rules by clicking on the links below. (The .pdf versions are bookmarked for ease of use.)

CRIMINAL RULES

(1) Idaho Criminal Rules (Supreme Court)(2015)

Word version         .pdf version

(2) Idaho Misdemeanor Criminal Rules (Supreme Court)(2015)

Word version         .pdf version

(3) Idaho Rules of Criminal Procedure (Title 19)(2015)*

Word version         .pdf version

RULES OF EVIDENCE

(1) Idaho Rules of Evidence (Supreme Court)(2015)

Word version         .pdf version

(2) Idaho Rules of Evidence (Title 9)(2015)

Word version         .pdf version

CRIMES CODE

(1) Idaho Criminal Code (Title 18, 20, & 37)(2015)

Word version         .pdf version

* Note that where conflicts exist in matters of procedure between a statutory provision and the Idaho Criminal Rules adopted by the Supreme Court, the court rules prevail. See State v. Currington, 108 Idaho 539, 541 (1985).

IDAHO UNIFORM PUBLIC DEFENSE ANNUAL REPORT

Idaho Code 19-864 requires all defending attorneys to submit an annual report by November 1 of each year to the board of county commissioners, the corresponding administrative district judge and the PDC. The PDC has created and approved the following form for annual reporting for FY2016:

Annual Reporting Form - Contract Defending Attorneys

Annual Reporting Form - Institutional Offices