By Ruth Brown, Idaho Reports 

Fourth Judicial District Judge Samuel Hoagland issued an opinion Friday in the case of Tucker vs Idaho, which revolves around the state’s public defense system.

The judge’s order issues a decree that the state can never return to the old county-based system of public defense.  

In 2022 and 2023, the Idaho Legislature passed bills that seriously changed the way the state handles public defense. But, those changes only came after the Idaho Supreme Court in 2021 unanimously found Idaho’s public defense system to be problematic following years of litigation in Tucker v Idaho.   

Prior to last year, Idaho’s counties were responsible for funding public defense, but the lawsuit over the constitutionality of that arrangement led to major upheaval in the system. Now, all public defense cases will be handled by the state, effective on Oct. 1. 

The new Office of the State Public Defender is tasked with ensuring qualified defending attorneys, investigators and other staff, and appropriate facilities for providing indigent public defense. In each of the state’s seven judicial districts, the new office will employ a district public defender.  

Hoagland did not, however, grant the plaintiffs’ request for a trial in their case against the state.  

“Currently, there are no criminal defendants or cases under the new state-based system,” Hoagland wrote. “It will take at least a few years before sufficient cases move through the judicial process before any determination could be made whether there are ‘widespread, persistent, structural deficiencies’ in existence.”  

“The Court’s intervention now, at best, might duplicate the State’s efforts and waste finite public resources in the process,” Hoagland said. “At worst, it might invite inter-governmental confusion and conflict over the details of carrying out an agreed objective. Moreover, it could further delay the efforts already underway, all while not offering an inkling of additional relief for Plaintiffs and the class members they represent.” 

Hoagland said the new state-based public defense system has just begun and needs time to develop. 

“If the state-based system works as promised, then every Idahoan wins,” Hoagland wrote. “If not, then a new action may be filed challenging that system if there is evidence that ‘widespread, persistent structural deficiencies’ exist that are ‘likely to result in indigent defendants suffering actual or constructive denials of counsel at critical states of criminal proceedings.’ For now, it is time for this case to rest in peace.” 

Each party prevailed in the case, in part. Hoagland dismissed the lawsuit against the state of Idaho without prejudice, meaning the plaintiffs have the right to bring the court case back.  

Earlier this year, it came to light that the new state public defender’s office may not be providing indigent defense for people in child protection cases. Senate leadership has said that was not their intent when they passed the 2023 bill and lawmakers will need to address the problem this year.  

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