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FAQ

General FAQ

What is the State Public Defender Office?

The Idaho Legislature created the State Public Defender (SPD) office in 2023 to consolidate all public defense in the State under a single agency. This was done to create efficiencies in the system and establish a statewide system with unified standards to ensure any person who is charged with a crime in Idaho and cannot afford an attorney will receive a robust Constitutional legal defense.

Who pays for public defense in Idaho?

The SPD’s budget is funded by legislative appropriations from State dedicated and general funds.

How is the SPD organized?

Eric Fredericksen was nominated by a statutorily authorized committee and appointed by Idaho Governor Brad Little as the State Public Defender in September 2023.  The Office of the State Public Defender is comprised of the SPD and Alternate Counsel Division.  Employees are located throughout Idaho.  

Fredericksen is joined on the SPD administration team by Deputy Director Kathleen Elliott; General Counsel Brady King; Litigation Director Doug Nelson; Operations Director LaDonna Speiser; Communication Director Patrick Orr; Principal Financial Specialist Tim Hibbard; Principal Research Analyst Mark LaSalle; and Training and Projects Coordinator Jennifer Cichocki.

The Alternate Counsel Division is run by Director Shannon Romero and Contract Coordinator Jared Ricks.

Litigation Director Doug Nelson will help manage Idaho’s seven District Public Defenders, who will help manage public defenders and staff in the 12 institutional offices across the state as well as a network of contract public defenders who work in the Idaho counties without an established institutional office.

What counties have institutional public defender offices in Idaho?

Ada, Bannock, Blaine, Bonner, Bonneville, Canyon, Gooding, Jefferson, Kootenai, and Twin Falls counties have established public defender offices. Minidoka and Cassia counties have a combined office as do Power and Oneida counties.  Starting October 1, 2024, the SPD will contract with attorneys in the counties that do not have institutional offices.

What cases will the SPD handle?

For a full list, check out the  State Public Defender Act. A quick summary include:  Felony cases; misdemeanor cases, including appeals to the district court; Juvenile cases; post-conviction procedure act cases; Habeas corpus cases; civil contempt proceedings where incarceration is sought; child protective act proceedings and appeals from adjudicatory decrees or orders identified in Idaho Code 16-1625; and mental health commitment proceedings.

Can I track specific public defense cases through the SPD?

No. The SPD will manage Idaho’s public defense system with public defenders representing clients in all of Idaho’s 44 counties.  The SPD is just like any other law firm in that we maintain the confidentiality of client matters.

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

The Idaho Supreme Court has a statewide court information website called iCourts where cases in Idaho are searchable by name or case number.  Just select a county from the dropdown menu and “records search” under “Service” and press search. Select “Smart Search” at the bottom of the page. Be sure you have the correct spelling of the person you are looking up. Having a specific case number will make searching more accurate.

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

The Idaho Supreme Court has a statewide court information website called iCourts where cases in Idaho are searchable by name or case number.  Just select a county from the dropdown menu and “records search” under “Service” and press search. Select “Smart Search” at the bottom of the page. Be sure you have the correct spelling of the person you are looking up. Having a specific case number will make searching more accurate.

How does the State Public Defender get assigned to a case?

Only a judge will be able to appoint the SPD, if the judge determines the person making the request is indigent and that their case is eligible.  

Can I request a public defender? 

If you want to have a public defender appointed, you can apply at the courthouse in the county where you are charged. 

How can I access the Public Defense Commission rules?

Under the State Public Defender Act, HB 236 (2023), the SPD has been delegated authority by PDC to enforce their rules, which expire on Oct. 1, 2024. You can find them at https://adminrules.idaho.gov/rules/current/61/index.html.

Contract/Conflict Attorneys FAQ

Is the SPD hiring contract attorneys?

Yes. The Idaho State Public Defender is looking for contract attorneys to take primary and conflict public defense cases across the state.

Contract attorneys accept cases they want and decline those they don’t, allowing flexibility to mix private and public cases to best fit their practice. Case types include felony, misdemeanor, juvenile, child protection, and post- conviction. 

Send a message to Info@spd.idaho.gov for more information.

How does the SPD pay contract and conflict attorneys?

The State Public Defender (SPD) office has established an hourly rate for contracted attorneys at $100/hour for non-capital cases.  The $100 rate is based on Idaho Criminal Rule 44.2(b), as a baseline for contract/conflict public defender representation.

For Capital cases – when a person’s case is eligible for the death penalty – the rate is $150 hour for lead counsel and $125 an hour for second chair/co-counsel.

All public defense contact attorneys will have access to the Lexis research and training platform for no cost to use for cases with indigent defendants.

Will there be any flat fee contracts?

No. The SPD is following American Bar Association standards and will not have flat fee contracts. We’ve concluded that a uniform hourly pay rate for our contracts is a matter of basic fairness.  The $100 per hour rate is an increase for the majority of contract attorneys.  The SPD will be zealously advocating for a larger appropriation that may allow us to pay contractors higher hourly rates going forward.

Why are there no flat fee contracts?

The American Bar Association has determined flat-fee contracts, where an attorney or firm gets a set amount of dollars to provide public defense, may discourage robust record keeping and is a “payment structure (that could) reward counsel for doing as little work as possible.”  Requiring contract attorneys to bill by the hour and keep records and case notes provides accountability and helps ensure that each client gets the best possible service.

Will there be specific and unique county-wide contracts for public defense?

No. All contracts will be with individual attorneys, not firms. Every contract attorney in non-capital cases will receive the same $100 hourly rate.

Is the goal to get rid of contract attorneys and replace them with state employees?

No. There will always be a need for contract attorneys to handle conflict cases and to represent clients in locations that don’t have enough cases to require an institutional office.

How will the SPD manage contract attorneys across the state?

The SPD assigns cases to contract attorneys in the 30 Idaho counties without an institutional office. All public defense attorneys and staff in Idaho – state employees and contractors – will use the LegalServer CMS to manage their cases. SPD administrative staff will be able to use that data – including time and resources spent on every case – to make statewide policy and funding decisions. This data will be critical to informing the Idaho Legislature about what resources are needed to effectively and efficiently do the work.

Do contractors have to use the LegalServer CMS?  Why?

Yes.  Data must be centralized for effective representation of clients and to provide accurate information for resources and accountability for State funds. All time spent on a particular case must be logged in to the CMS. A contracted attorney’s pay will be directly connected to time and work recorded in LegalServer. There is no charge for contract attorneys to use LegalServer.

Do contractors to pay for LegalServer access?

No. There is no cost for contract attorneys to use the LegalServer case management system (CMS). The State Public Defender office will provide training and support for the CMS.

Do contractors have to track/account for their time?

Yes.  All contractors will need to track time in LegalServer in 6 minute or 1/10th of an hour increments. 

Why is it so important to track case time?

Because it will determine how much contract attorneys get paid and how much time it takes to provide clients with a robust defense in every case. That data will be used by the SPD to set budgets and work with the Idaho Legislature to ensure that public defenders in Idaho have the resources they need. We are measuring workload – not caseload.  We need to figure out the scope of the statewide work – and tracking time with LegalServer is the best way to do that.

Is there be a standard contract that contractors must sign? 

Yes. There are standard contracts and policies for both contract primary and conflict attorneys.

How will contractors be assigned cases?

All cases will be assigned to the State Public Defender Office. The SPD will assign all contract (non-conflict) cases.

The Alternate Counsel Division (ACD) will assign attorneys to conflict cases.   The ACD will assign Child Protective Act (CPA) cases except when an institutional office or primary contractor represents the juvenile in a related Juvenile Corrections Act (JCA) case or represents the parent in a related criminal case. 

Can contract attorneys also have private clients – and will there be load limits?

All private attorneys who sign a contract with the State Public Defender can also take private clients. How a contract attorney manages their workload and balances their public defender vs. private case work is exclusively up to them.  However, the SPD expects all case work for public defense to be done at the highest level and requires Constitutional representation in all contract cases. 

How will the SPD manage Child Protection cases? What about Guardian Ad Litem situations?

The SPD will provide an attorney for every child and parent under I.C. 16-1614(2)(a) in a child protection case where there is a finding of indigency. The Alternate Counsel Division (ACD) will assign Child Protective Act (CPA) cases except when an institutional office or primary contractor represents the juvenile in a related Juvenile Corrections Act (JCA) case or represents the parent in a related criminal case.

We will not provide an attorney for guardians ad litem (GAL).

The county in question can choose to find pro-bono attorneys to represent GALs or ask the Court Appointed Special Advocate (CASA) program to provide an attorney to represent the GALs or contract with an attorney.  If the county contracts with an attorney to represent the guardian ad litem, the county can seek reimbursement from the SPD. This funding is limited to $500,000 for each fiscal year. Once that funding is gone, the counties will have to cover additional costs.

For guidance on reimbursement, the addition of I.C. 57-828 to Senate Bill 1367 should provide some answers.

How will contract attorneys be paid for mileage/travel?

Contract and conflict attorneys will select a primary county to practice in. If the SPD asks them to take a case to another county outside of the primary county, the “windshield time” rate will be $50 an hour for travel time. The SPD will not pay travel or expenses for travel between Contract Counsel’s home and their office. Allowable travel time is calculated to and from Contract Counsel’s office unless travel from Contract Counsel’s location (i.e., home or jail or prison) to the official destination is shorter. 

What if a contract attorney needs to hire an investigator or a paralegal to work on a case?

A contract attorney will be able to submit a request to the SPD for approval. Investigators will be paid $65 an hour. Certified paralegals will be paid $45 an hour.

Investigators are professionals who are qualified by education, training and/or experience, to investigate the facts relevant to the who, what, when, where and how, of a charged offense.

Paralegals are professionals who have a two-year paralegal certificate or an associate or bachelor’s degree in paralegal studies from a paralegal program or college/university, and who perform specifically delegated substantive legal work that would otherwise be done by attorneys. Non-substantive work traditionally done by administrative support staff, including clerical work such as calendaring, data entry, printing, and file organization, is not paralegal work.

Can other attorneys cover for a contractor in the case of an emergency?

The expectation is that contractors will handle their assigned cases themselves. Vertical representation is required.  However, if a contact attorney needs help due to an illness or other unforeseen or emergency situation, attorneys can ask another state-contracted attorney to cover for them with SPD written approval.  With that written approval, the attorney stepping-in will track their time in the CMS and be paid the regular rate directly from the State. Private attorneys that do not have a contract with the SPD cannot do indigent public defense work, even on an emergency basis.

If a contract attorney covers a first appearance, how will they be paid for their time?

In counties without an institutional office, contract attorneys will be paid by the hour for handling first appearances.

What about clients who are sentenced to probation?

The SPD will withdraw from a case after the client is sentenced and restitution is resolved, unless the case is in the district court on appeal from the magistrate division.  If a probation violation is filed, the SPD will need to be reappointed by a judge.  Probation violations will be assigned to the attorney who handled the original case, if possible.

Institutional Offices FAQ

Did employees in the 12 county institutional offices take a pay cut during the transition to the State Public Defender Office?

The Idaho Legislature appropriated $49 million to the SPD for fiscal year 2025. The SPD and Idaho’s Division of Human Resources (DHR) created a state-wide salary matrix. About 77% of oncoming SPD employees recieved a salary increase, 7% of employees’ salaries remained the same, and 15% of employees had a salary decrease from their former county pay rate.
What we found over the last few months were significant discrepancies in some rates across the state. The salary matrix levels those out.

What happened to vacation and sick time former county employees have accumulated?

By statute, county employees were able to bring up to 40 hours each of vacation and sick time with them when they joined the State Public Defender Office.  

Do institutional offices use the new LegalServer Case Management System (CMS)?

Yes.  All lawyers and staff working on public defense in Idaho need to enter their cases into the LegalServer case management system. It is essential for every public defender in the State to use the same CMS.

How does the LegalServer CMS work?

The CMS is where the case file lives and will be a complete electronic file/record. Case notes, filings, discovery, etc., must be entered in the CMS contemporaneously.

Who will migrate case data into the new LegalServer CMS?

Institutional offices will have to migrate new and active cases but not historical cases. Both institutional offices and contractors must maintain their closed case files as required ethically and for liability purposes. 

Did the SPD take over current vendor contracts for institutional offices?

No. The SPD has new contracts with vendors.

Who will troubleshoot IT problems with the new SPD computers and equipment?

The Idaho Office of Information Technology Services (ITS) provides IT support for SPD equipment. ITS estimates that about 90% of all IT issues can be handled remotely. If in-person support is needed, ITS has employees throughout the state who can do in-person work.

Is the SPD hiring new lawyers and other employees?

Yes. We know how important it is to continue to bring in new talent.  Attorneys interested in applying to join the SPD should click on https://statecareers.idaho.gov/jobs/14991592-public-defender

LegalServer CMS FAQ

What info must be put in the LegalServer CMS?

The CMS is where the case file lives and will be a complete electronic file/record. Case notes, filings, discovery, etc., must be entered in the CMS contemporaneously.

What should contract attorneys do with current case information?  What about old cases? Do all cases – current and historical – need to be entered into the new case management system?

All new and active cases must be entered into LegalServer.  A contractor’s closed cases do not need to be entered into the CMS. 

Do contractors have to migrate current case data themselves?

Yes.  Contractors and/or their staff must migrate all new and active case files to LegalServer.  The LegalServer case file will be the complete electronic file/record.

Can contractors and all their staff share a single LegalServer login?

No. Each LegalServer user must have their own access credentials linked to a unique email address.  This ensures security of the data and allows for auditing.  This is an Idaho Information Technology Services (ITS) policy.  The State considers shared use of certain programs and software to be piracy which exposes the agency and user to liability.

Who will be able to see what’s in a LegalServer casefile?

The institutional or contract public defender working on a case will manage the case file.  Certain members of the SPD administration may log-in to see case files for institutional and primary contract cases for reporting and compliance purposes.  District Public Defenders may review case files only within their district.  Managing Attorneys can view case files only within their office.    Conflict casefiles will be visible only to the assigned attorney and the SPD’s Alternate Counsel Division for reporting and compliance purposes. 

How do contractors get paid?

Contractors will track their time and submit invoices through the LegalServer CMS. Comprehensive and accurate time keeping and data entry for every case is essential to ensure attorneys get paid for their time.

Do contract attorneys have to track time spent on every case?

Yes. All contractors will need to track time in the LegalServer case management system (CMS) in 6 minute increments (1/10th of an hour).

Welcome to the new Idaho Public Defenders' Office Website!

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