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Negotiated Rulemaking

Negotiated rulemaking is an informal part of the rulemaking process in which all 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 all public comment.

RULES CURRENTLY UNDER NEGOTIATION

The PDC is currently engaged in negotiated rulemaking in several areas, and accepting public comment. There are several ways to submit your comments: (1) Contact the office; (2) Send a letter to us at Public Defense Commission, 816 W Bannock St., Suite 201, Boise, ID 83702; or (3) submit online comments (see below). Comments will be accepted through October 25, 2017. Negotiating meetings have already occurred. The PDC will hold public hearings in October 2017 to accept additional comment.

  • IDAPA 61.01.06 – RULES GOVERNING THE PROCEDURES FOR OVERSIGHT, IMPLEMENTATION, ENFORCEMENT AND MODIFICATION OF INDIGENT DEFENSE STANDARDS

This rule will has been submitted as proposed. Please navigate to the Proposed and Pending Rules page for more information and to make comment.

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

This rule has been submitted as proposed. Please navigate to the Proposed and Pending Rules page for more information and to make comment.

PLEASE NOTE: The Standards for Defending Attorneys document will be incorporated into IDAPA 61.01.08. For the draft of the 2017 edition of this document, see below.

  • IDAPA 61.01.08 – RULES GOVERNING THE ADMINSTRATION OF IDAHO’S INDIGENT DEFENSE DELIVERY SYSTEMS – RULE DEFINITIONS

This rule will be negotiated and promulgated pursuant to Idaho Code 19-850(1)(a). This chapter includes all documents incorporated by reference for all chapters, as well as definitions for all chapters. A draft of this rule has been created and will be published in the September 6, 2017 legislative bulletin.

To make public comment online regarding CAPITAL COUNSEL STANDARDS, click HERE. Online comments will be accepted through October 25, 2017.

To make public comment online regarding INVESTIGATION AND THE USE OF EXPERT WITNESSES, click HERE. Online comments will be accepted through October 25, 2017.

DRAFT

The following document is the draft of the above rule. It is available to assist in the ongoing negotiations of the rule. This is a new rule.

IDAPA 61.01.08 – Definitions and Incorporated Documents DRAFT

Standards for Defending Attorneys – edition 2017 DRAFT

Negotiating Meetings for Rules to be Promulgated this year:

Several meetings were held across the State in May and June 2017. Summary of the comments made during those meetings are available from the PDC and will be made available online soon. Public hearings for additional comment will be held across the state in October 2017.

Rulemaking record: Comments and resources

Questions regarding the negotiated rulemaking process? See the rulemaking manual published by the Office of Administrative rules.

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 all negotiated rules will be posted on this page. If you’d like to inspect the full rulemaking record for any negotiated rule, please contact our office.

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

Some of the 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

Rulemaking Record for the negotiation of IDAPA 61.01.07 and Standards for Defending Attorneys – 2016 Edition:

Some of the resources used during the creation of the aforementioned standards:

ACCD Statement on Caseloads

Michigan Proposed Standards Set 1

Washington Standards for Indigent Defense Services.ashx

Texas- State Bar Guidelines

State PD Standards – excel spreadsheet comparing state caseload standards

Comments collected during the negotiation process and the Statement from the PDC:

ACLU comments

IAC Comments Nov 16 2016

Additional Comments from IAC

Synopsis of Oral and Written Comments on Proposed Standards through Aug 25

Synopsis of Oral and Written Comments on Proposed Standards – September – November 2016

Negotiated Rulemaking Statement: Prepared pursuant to Idaho Code 67-5220(3)(f).