By Ruth Brown, Idaho Reports
The legislature is taking steps to remedy what could have been an expensive gap in last year’s public defense bill.
Sen. Abby Lee, R-Fruitland, is sponsoring Senate Bill 1367. The bill provides clarification that the Office of the State Public Defender now carries the state’s responsibility to provide coverage and payment for legal representation in indigent cases. Counties had that responsibility before the creation of the Office of the State Public Defender, including in child protection cases.
A 2023 bill created the Office of the State Public Defender to ensure qualified defending attorneys, investigators and other staff, and appropriate facilities are available for indigent public defense, or public defense for those who are unable to afford an attorney. The government must provide indigent people with an attorney in criminal and child protection cases, per the Sixth Amendment of the Constitution.
Historically, Idaho counties paid for public defense and the overhaul legislation shifted that responsibility over to the state. Legislators told Idaho Reports last month that they thought the 2023 bill covered everything the counties had been paying for when they passed the bill.
Lee’s bill also allows for the appointment of a public defender in guardian ad litem cases for a child younger than 12. A guardian ad litem is a person appointed to advocate for the best interests of a child in certain court proceedings.
The bill states “the legislature finds that providing guardian ad litem representation through the office of the state public defender would create numerous costly conflicts of interest that would detract from the office’s mission. Therefore, it is the intent of the legislature to keep guardian ad litem representation administered locally with reimbursement provided by state funds when needed.”
When pro bono or volunteer attorneys are available, they would be used first in guardian ad litem cases. Otherwise, the county would appoint an attorney and the state would reimburse them for the cost of that attorney.
The bill also directs the state to seek federal reimbursement, when possible, through the Idaho Department of Health and Welfare regarding legal representation cases in child-involved cases.
SB 1367 still needs a public hearing to move forward. Senate Judiciary and Rules Committee chairman Sen. Todd Lakey, R-Nampa, said Tuesday the bill will get a hearing in his committee.
Additionally, the new school facilities funding bill HB 521 includes a section adding $3 million annually to the state public defense fund, for a total allocation of $39 million in fiscal year 2025 to help pay for indigent defense. That bill passed out of the Revenue and Taxation Committee on Tuesday and heads to the House floor.
Idaho Association of Counties executive director Seth Grigg expressed support to the House tax committee for the public defense funding included in the school funding legislation.
“The additional $3 million that this bill provides will ensure that there is adequate legal representation for those going through these proceedings,” Grigg said Tuesday.
Logan Finney contributed to this report.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.