Question 1

What is the State Public Defender Office?

Accepted Answer

The Idaho Legislature created the State Public Defender (SPD) office in 2023 to consolidate all indigent public defense in the state under one under a single agency. This was done to create efficiencies in the system and establish a state-wide system of professional standards to help ensure any person who is charged with a crime in Idaho who cannot afford a defense attorney gets a robust and professional legal defense.

Question 2

Who pays for public defense in Idaho?

Accepted Answer

The State of Idaho took over financial responsibility for public defense from Idaho's 44 counties in 2022. The SPD is paid out of the state general fund, which gives the residents of Idaho's 44 counties some property tax relief on the local level.

Question 3

How will the SPD be managed?

Accepted Answer

Idaho Governor Brad Little appointed Eric Fredericksen as the State Public Defender in 2023. Eric runs the agency, which is comprised of an executive team in Boise, deputy State Public Defenders in all of Idaho's seven judicial districts, 12 county-based institutional offices, and a network of private attorneys who do public defense work in the Idaho counties without established public defender offices.

Question 4

What counties have institutional public defender offices in Idaho?

Accepted Answer

Ada, Bannock, Blaine, Bonner, Bonneville, Canyon, Gooding, Jefferson, Kootenai, and Twin Falls counties have established public defender offices. The counties of Minidoka and Cassia - and Power and Oneida - have combined offices.  The remaining 30 counties had contract agreements with private attorneys to do public defense. Those private attorneys now contract with the SPD.

Question 5

How will the SPD manage public defense in a state as varied as Idaho?

Accepted Answer

The SPD will begin uniting public defense in Idaho with two specific strategies. By Oct. 1, 2024, all cases involving public defense will be entered into the Legal Server case management system - and all contract attorneys will be paid the same hourly rate.

Question 6

Can I track specific public defense cases through the SPD?

Accepted Answer

No. Our agency manages Idaho's public defense system, not the cases themselves. Specific cases are handled on a county level.

Question 7

How can I track the progress of active criminal cases in Idaho?

Accepted Answer

The Idaho Supreme Court has created a searchable state-wide court information website called ICourts (https://icourt.idaho.gov/) where all current and historical criminal cases in Idaho are searchable by name or case number.  You can find that at https://portal-idaho.tylertech.cloud/odysseyportal.  Please make sure you have the correct spelling of the person you are looking up. Having a specific case number will make searching more accurate.

Question 8

How does the State Public Defender get assigned to a criminal case? Can I request a public defender?

Accepted Answer

Only a magistrate or district judge in one of Idaho's seven judicial districts can assign a public defender to a criminal case - and only if the judge determines the person charged with a crime is indigent. The only time someone can request a public defender is if they are charged with a crime and are indigent.

Question 9

How does the State Public Defender get assigned to a criminal case? Can I request a public defender?

Accepted Answer

Only a magistrate or district judge in one of Idaho's seven judicial districts can assign a public defender to a criminal case - and only if the judge determines the person charged with a crime is indigent. The only time someone can request a public defender is if they are charged with a crime and are indigent.

CLE – Sometimes the Best Defense is a Good Offense: Introducing Evidence at Trial

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