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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

*COMING SOON* 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.

Training Rules – IDAPA 61.01.01

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. These rules are currently temporary, but can be fully enforced by the PDC. They will be submitted to the legislature in 2017 for approval.

upcoming conferences

September 14-15, 2017 - All-Star Conference and Confabulation, Federal Public Defender Services of Idaho, Boise, ID. The PDC will be sponsoring up to 75 state public defender's to attend this conference. Registration information will go out very soon!

January 2018 - Conference for Juvenile Defenders (tentative)

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

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

August 2018 - PD Summit and Trial School (tentative)

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 Report - Contract Defending Attorneys

Annual Report - Institutional Offices