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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.

2018 Town Hall Meetings

The PDC conducted seven (7) Town Hall Meetings throughout the state in order to educate stakeholders on the supporting research for the upcoming rules negotiation and promulgation. You can access the PowerPoint presentation and Resources below.

RESOURCES

It is highly encouraged that interested parties review the following materials before attending the 2018 Negotiated Rulemaking meetings in June: 2018 PDC Town Hall Meeting PowerPoint and 2018 Town Hall Meeting Resources, as they will be used to guide the negotiation of rules this year.

RULES CURRENTLY UNDER NEGOTIATION

The PDC is currently engaged in the following negotiated rulemaking:

  • IDAPA 61.01.02 – RULES GOVERNING UNIFORM DATA REPRTING REQUIREMENTS AND FORMS FOR DEFENDING ATTORNEY ANNUAL REPORTS

This rule will be negotiated this year. The April and May 2018 Legislative Bulletins will contain the Notice of Intent to Negotiate. Meeting requests should be made by May 31, 2018.

  • IDAPA 61.01.03 – RULES GOVERNING CONTRACTS AND CORE REQUIREMENTS FOR CONTRACTS BETWEEN COUNTIES AND PRIVATE ATTORNEYS FOR THE PROVISION OF INDIGENT DEFENSE

This rule will be negotiated this year. The April and May 2018 Legislative Bulletins will contain the Notice of Intent to Negotiate. Meeting requests should be made by May 31, 2018.

  • IDAPA 61.01.08 – RULES GOVERNING THE ADMINSTRATION OF IDAHO’S INDIGENT DEFENSE DELIVERY SYSTEMS – RULE DEFINITIONS – Standards for Defending Attorneys – 2018 edition

An amendment to this rule that includes an Idaho workload standard will be negotiated this year. The April and May 2018 Legislative Bulletins will contain the Notice of Intent to Negotiate. Meeting requests should be made by May 31, 2018.

Negotiated Rulemaking Meetings for Rules to be Promulgated this year:

June 11, 5:00pm: Kootenai Recovery Community Center, 1111 Ironwood Drive, Suite B, Coeur d’Alene

June 12, 4:00pm: Red Lion Hotel Lewiston, Port 3 Room, 621 21st Street, Lewiston

June 18, 5:00pm: Idaho Falls Public Library, Room 2, 457 West Broadway, Idaho Falls

June 19, 4:00pm: Idaho State University, Pond Building – North Fork Room, 921 South 8th Avenue, Pocatello

June 20, 4:00pm: Water Center Building – 6th Floor, Conference Room 602C, Boise

June 21, 4:00pm: Red Lion Hotel Twin Falls, Cedar/Juniper Room, 1357 Blue Lakes Blvd. N, Twin Falls

June 26, 4:00pm: Canyon County Administration Building, First Floor, Public Meeting Room, 111 North 11th Ave., Caldwell

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.

2018: Rulemaking Record for the negotiation of IDAPA 61.01.02, IDAPA 61.01.03, and Standards for Defending Attorneys – 2018 edition:

Comments have not yet been received.

2018 Town Hall Meeting Resources

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

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

2016: 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).