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Rules (Standards)

The PDC has been tasked with the responsibility of creating rules related to the improvement of the public defense system in Idaho pursuant to Idaho Code 19-850. The PDC shall create rules in several subject matter areas.

Rules that are enforceable and in full effect can be found on this page. Rules that are currently being negotiated, can be found on the Negotiated Rulemaking page. Rules that are Proposed, for which the PDC is currently accepting comment, or Pending (awaiting legislative approval) can be found on the Proposed and Pending Rules page. Please check back often for updates.

IDAPA 61.01.01 – ruleS GOVERNING TRAINING REQUIREMENTS FOR DEFENDING ATTORNEYS AND THE ADMINISTRATION OF TRAINING FUNDS

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. This rule creates the procedures by which the PDC will use these funds and provide training to defending attorneys and their staff.

  • IDAPA 61.01.01
  • 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 click the appropriate link below to download the application for a scholarship. Submit the application via email or fax to the PDC.
  • Application for Scholarship Funding – use this form to attend a training that is not sponsored by PDC. This form is for attorneys and non-attorney staff.
  • Application for Scholarship PDC Program – use this form to attend a PDC-sponsored training if you are not an attorney

IDAPA 61.01.04 – RULES GOVERNING PROCEDURES AND FORMS FOR THE APPLICATION AND DISBURSEMENT OF INDIGENT DEFENSE GRANTS

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. In an effort to provide for a consistent process and review of these applications in order to confer the benefit of the grant monies to the counties of Idaho, the PDC has established this rule temporarily, without engaging in negotiated rulemaking.

IDAPA 61.01.07 – RULES GOVERNING THE STANDARDS FOR DEFENDING ATTORNEYS THAT UTILIZE IDAHO’S PRINCIPLES OF AN INDIGENT DEFENSE SYSTEM

Pursuant to Idaho Code 19-850(1)(a)(vii), the PDC shall promulgate rules establishing standards for defending attorneys that utilized, to the extent reasonably practicable taking into consideration factors such as case complexity, support services and travel, Idaho’s Principles of an Indigent Delivery System as referenced in the same section. This rule, with the standards incorporated by reference, are in full force and effect. Compliance shall be achieved by March 31, 2018.