A Proposed Rule is a formal, written proposal by an agency to adopt a new rule in accordance with the administrative procedure act. In order for any rule to become a final (permanent) and enforceable rule, it must, at some point, but a proposed rule. A proposed rule cannot be enforced.
When a rule is proposed, the PDC will hold public hearings for comment, as well as accept comments in writing.
The following rules were published in the September 2018 Legislative Bulletin. Public Hearings were held in each of the seven (7) Judicial Districts in October, 2018.
- Proposed IDAPA 61.01.08
- Proposed Standards for Defending Attorneys, edition 2018 – amendments to workload standard only
- Workload Standard Commentary – The PDC encourages stakeholders to review this commentary to better understand the proposed numerical caseload standard and the purpose of the 3-year sunset clause.
A Pending Rule is a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review. This is essentially the agency’s “final rule” and the version of the rule is submitted to the legislature for approval.
During its monthly meeting, the PDC approved some changes to the above Proposed Rules and will be submitting the following pending rules for publication in the January 2, 2019 legislative bulletin:
Idaho Code 19-850(1)(a)(ii) requires the PDC to promulgate rules related to uniform data reporting requirements and model forms for the annual reports submitted pursuant to Idaho Code 19-864 which shall include, but not be limited to, caseload, workload and expenditures. This rule will be negotiated to fulfill that mandate. The purpose is to support the PDC’s mission to improve indigent defense delivery services in Idaho to ensure constitutional representation of Idaho’s indigent defendants.
Idaho Code 19-850(1)(a)(iii) requires the PDC to promulgate rules related model contracts and core requirements for contracts between counties and private attorneys for the provision of indigent defense services which shall include, but not be limited to, compliance with indigent defense standards. This rule will be negotiated to fulfill that mandate. The purpose is to support the PDC’s mission to improve indigent defense delivery services in Idaho to ensure constitutional representation of Idaho’s indigent defendants.
Pursuant to Idaho Code 19-850(1)(a)(iv), the PDC shall promulgate rules related to the application for and disbursement of Indigent Defense Grants.
- Pending IDAPA 61.01.04 - There are no changes to the Proposed IDAPA 61.01.04.
This rule will amend standards for defending attorneys and provide a workload standard to ensure that defending attorneys are handling an appropriate workload. This amendment will ensure that representation of Idaho’s indigent defendants meets constitutional scrutiny.