Official Government Website

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.


This year the PDC has requested permission to write two new rules. Each rule will be building upon the PDC's Standards for Defending Attorneys.

Both rules will amend the Standards for Defending Attorneys, Edition 2018. One rule will implement the principle that the delivery of indigent defense services shall be independent of political and judicial influence. The other will implement the principle of reasonable equity between defending attorneys and prosecuting attorneys with respect to resources, staff and facilities.

To help create both rules, the PDC has scheduled a series of negotiated rulemaking meetings throughout the State. Please see below for those dates.

Thursday, July 11, 2019
4:00 p.m. (MT)

Friday, July 12, 2019
4:00 p.m. (MT)
Twin Falls

Idaho Law and Justice Learning Center
514 W. Jefferson Street
Boise, ID 83702
Twin Falls Public Library
Program Room
201 4th Ave E
Twin Falls, ID 83301

Monday, July 15, 2019
4:00 p.m. (MT)

Thursday, July 18, 2019
4:00 p.m. (PT)

County Administrative Building
1st Floor Public Hearing Room
111 North 11th Avenue
Caldwell, ID 83605
Lewiston City Library
Board Room
411 D Street
Lewiston, ID 83501

Friday, July 19, 2019
4:00 p.m. (PT)
Coeur d’Alene

Monday, July 22, 2019
4:00 p.m. (MT)

Coeur d'Alene Public Library
Gozzer Room
702 E. Front Avenue
Coeur d'Alene, ID 83814
Idaho State University
Pond Building - Heritage Room
921 South 8th St.
Pocatello, ID 83209

Tuesday, July 23, 2019
5:00 p.m. (MT)
Idaho Falls

Idaho Falls Public Library
Conference Room 208
457 West Broadway
Idaho Falls, ID 83402

Please see the complete 2019 Negotiated Rule Making Notice for more details.

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 and feedback received during the negotiated rulemaking process will be posted here very soon!

2018 Town Hall Meeting Resources

2018 Town Hall Meeting PowerPoint Presentation (PDF)

Comments Summary from June 2018 Negotiated Rulemaking Meetings

Comments Summary from Fall 2018 Negotiated Rulemaking Hearings

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).

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