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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 be promulgated pursuant to Idaho Code 19-850(1)(a)(vi). The PDC will be focusing on oversight and enforcement. A draft of this rule has not yet been created.

To make a public comment online regarding  IDAPA Docket No. 61-0106-1701, New Chapter, Rules Governing Procedures for the OVERSIGHT, IMPLEMENTATION, ENFORCEMENT AND MODIFICATION of Indigent Defense Standards, click HERE. Comments will be accepted through October 25, 2017.

DRAFT

The following document is the draft of above rule. It has NOT been submitted for publication, but is available to assist in the ongoing negotiations of the rule. This is a new rule.

IDAPA 61.01.06 Oversight Enforcement Creation Modification DRAFT

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

This rule will be promulgated pursuant to Idaho Code 19-850(1)(a)(vii). The PDC will be focusing on an investigation standard for defending attorneys and the qualifications required to represent a client charged with a capital crime (i.e. capital counsel qualifications).

To make a public comment online regarding  IDAPA Docket No. 61-0107-1701 regarding CAPITAL DEFENSE STANDARDS, click HERE. Online comments will be accepted through October 25, 2017.

To make a public comment online regarding  IDAPA Docket No. 61-0107-1701 regarding INVESTIGATION AND THE USE OF EXPERT WITNESSES, click HERE. Online comments will be accepted through October 25, 2017.

DRAFTS

The following documents are the drafts of above rule and standards. They have NOT been submitted for publication, but are available to assist in the ongoing negotiations of the rule. Additions and changes are underlined and in red or blue.

IDAPA 61.01.07 – Standards for Defending Attorneys DRAFT

Standards for Defending Attorneys 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.

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 61.01.07 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).