Official Government Website

Negotiated & Proposed Rulemaking

Negotiated rulemaking is an informal part of the rulemaking process in which interested and affected persons and the agency seek to reach a consensus on the content of a rule. The PDC strongly encourages participation in the process from all stakeholders and welcomes public comment. Once negotiated rulemaking is completed or if negotiated rulemaking is not feasible, the agency will draft a proposed rule and publish it for public review and comment. To review any PDC Proposed Rules, please see the Proposed and Pending Rule page. For details about the rulemaking process, please see the Idaho Office of the Administrative Rules Coordinator.

Rulemaking Record: Comments and Resources

Pursuant to Section 67-5225, Idaho Code, the PDC maintains a rulemaking record that is available for inspection by the public for at least two (2) yeas after the effective date of the rule. A portion of the rulemaking record for negotiated rules may be posted on this page. If you’d like to inspect the full rulemaking record for any negotiated rule, please contact our office.

Negotiated Rulemaking Meetings were held as follows:
June 11, 5:00pm: Judicial District I – Coeur d’Alene; June 12, 4:00pm: Judicial District 2 – Lewiston; June 18, 5:00pm: Judicial District 7 – Idaho Falls; June 19, 4:00pm: Judicial District 6 – Pocatello; June 20, 4:00pm: Judicial District 4 – Boise; June 21, 4:00pm: Judicial District 5 – Twin Falls; and June 26, 4:00pm: Judicial District 3 -Caldwell.

2018 Rulemaking Record for Negotiation of IDAPA 61.01.02, IDAPAP 61.01.03, and Standards for Defending Attorneys – 2018 Edition

2018 Town Hall Meeting Resources

2018 Town Hall Meeting PowerPoint Presentation (PDF)

Comments Summary from June 2018 Negotiated Rulemaking Meetings

2017 Rulemaking Record for the Negotiation of IDAPA 61.01.06, IDAPA 61.01.07 and Standards for Defending Attorneys – 2017 Edition:

Comments collected during the 2017 negotiation process:
Summary of Comments from Statewide June 2017 Negotiated Rulemaking Meetings on IDAPA 61.01.06 and IDAPA 61.01.07
Capital Defense Web-based Survey Responses
8/1/17 Letter from Ada Board of County Commissioners to PDC
8/2/17 Letter from Anthony Geddes, Ada County Public Defender, to PDC
8/7/17 Comments from Elisa Massoth, Defending Attorney, on Capital Counsel Standards
8/9/17 Comments from Shannon Romero, Deputy State Appellate Public Defender, on Capital Counsel Standards
8/9/17 Comments from Bruce Livingston, Federal Defender, on Capital Counsel Standards
8/28/17 Letter from Latah Board of County Commissioners to PDC

Resources used during the creation of the 2017 standards:
I.C.R. 44.3, Standards for the Qualification of Appointed Counsel in Capital Cases, 11/7/14
ISC Protocol for Circulating Rule Amendments, Jan. 2017
Michigan Proposed Standards Set 1
“State Standards for Appointment of Capital Counsel,” April 2016, ABA (Contains links to all known capital defense standards in the U.S.)
List of Court Opinions Citing ABA Capital Defense Guidelines through Partial Year 2016
Implementation Fact Sheet February 2016, ABA
Maricopa Co., Arizona, Capital Defense Review Application
2003 ABA Guidelines for Capital Defense
2008 ABA Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases

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