By Ruth Brown, Idaho Reports
The Senate Judiciary and Rules Committee on Monday unanimously advanced a bill that is a fix for items not included in last year’s public defense overhaul.
Sen. Abby Lee, R-Fruitland, sponsored SB 1367, which outlines some specific responsibilities of the state’s new Office of the State Public Defender.
A 2023 bill created the Office of the State Public Defender to ensure qualified defending attorneys, investigators and other staff, and appropriate facilities for providing public defense for those unable to afford an attorney.
Historically, the counties paid for public defense and the 2023 legislation shifted that responsibility over to the state after years of litigation. The 2023 bill did not include a directive around the county-paid public defenders that were being used in child protection cases.
Lee’s legislation clarifies that the state will take over the cost of defense in indigent cases involving child protection cases and juvenile justice.
The bill 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 Idaho Association of Counties testified in support of the bill.
The bill also directs the state to seek federal reimbursement, when possible, through the Idaho Department of Health and Welfare regarding legal representation in child-involved cases.
Lee said there is federal funding available for this issue.
That bill now heads to the full Senate for a vote.
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.