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Extraordinary Litigation Fund (ELF)

The Public Defense Commission (PDC) is excited to announce the implementation of policies and procedures to help counties handle the costs of extraordinary litigation costs pursuant to Idaho Code §19-850(2)(e).

Monies in the Extraordinary Litigation Fund (ELF) are available to the counties via two routes, either an application from their Indigent Defense Provider before the expenses are incurred, or through an application from the respective Board of County Commissioners once the County has received an appropriate bill from their Indigent Defense Provider. Applications are accepted on a rolling basis and are subject to the availability of funds. An ELF application should be submitted as soon as a defending attorney anticipates that costs will qualify as extraordinary under the policy, or as soon as a Board of County Commissioners has paid a bill they believe would qualify. A county must seek reimbursement within three months of paying for services.

Before submitting an application, interested stakeholders are strongly encouraged to review the policy and procedures for the ELF.

Information for Attorneys

Both defending attorneys on the PD Roster and attorneys who are not on the PD Roster may submit an application for the ELF to cover their extraordinary trial costs. Attorneys should submit the application as soon as they have located the service provider they wish to use and have an estimated cost from the respective service provider. Applications must be submitted and approved before any services are rendered by the service provider. Any attorney not on thePD Roster will be required to file an Attestation Form as well as join the PD Roster since they are now providing public defense in Idaho. The requests may be submitted directly to the Boise office through fax or email, or may be sent to your local regional coordinator. If you have any questions regarding the process or whether your case may be eligible, please reach out to your local regional coordinator and they will be happy to assist you.

Once the application has been submitted, the PDC will start processing the request. Your regional coordinator may contact the county or attorney with additional questions regarding the application during that time. If the application is approved, the service provider will be required to submit a W-9 tax form to the PDC, and the service provider will bill the PDC directly.

ELF Application for Defending Attorneys – This form is to be used by a defending attorney seeking funds for extraordinary litigation costs that have not yet been incurred and the services have not yet been provided.

ELF Additional funds request – This form is to be used when requesting additional funds on a case and expense that has already been deemed extraordinary.

Attestation: Idaho Qualified Defending Attorney – This form is to be used by attorneys who are not on the PD Roster. This attestation must be filed with ELF applications when the attorney providing services is not on the PD Roster, but otherwise meets Indigent Defense Standards as promulgated by the PDC.

Information for County Commissioners and Clerks

Counties may apply for reimbursement of costs from defending attorneys on the PD Roster and attorneys who are not on the PD Roster. If the county is applying for reimbursement of costs for an attorney who is not on the roster, the attorney will be required to file an Attestation Form and may join the PD Roster as well. The County will also need to provide proof of payment to the service vendor, such proof is usually provided by the county supplying both the invoices from the service provider or attorney, and warrant details from the County Clerks office showing that the vendor has been paid. The requests may be submitted directly to the Boise office through fax or email, or may be sent to your local regional coordinator. If you have any questions regarding the process or whether your expense may be eligible, please reach out to your local regional coordinator and they will be happy to assist you.

Once the application has been selected, the PDC will start processing the request. The regional coordinator may contact the county or attorney with additional questions regarding the application during that time. If the application is approved, the PDC will submit payment to the county.

ELF Application for BOCC – This form is to be used by counties seeking reimbursement for extraordinary litigation costs associated with indigent defense cases.

ELF Additional funds request – This form is to be used when requesting additional funds on a case and expense that has already been deemed extraordinary.

Attestation: Idaho Qualified Defending Attorney – This form is to be used by attorneys who are not on the PD Roster. This attestation must be filed with the ELF application when the attorney providing services is not on the PD Roster, but otherwise meets Indigent Defense Standards as promulgated by the PDC.

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