2016 - Public Defense Reform

  • Status: Active
  • Position: Support
  • Bill Number: HB 504
  • Session: 2016
  • Latest Update: January 11, 2016
Gov. Otter standing at a podium signing a bill into law in the Governor's office with people standing around him
For over half a decade, the ACLU of Idaho has consistently been asking state lawmakers to address our broken and unconstitutional public defense system.
 
Lawmakers have known about the injustices that Idahoans have faced as they’ve entered a courtroom with a public defender at their side that is too over-worked and left with little financial resources to adequately defend their client’s case. Instead, Idaho legislators have chosen to create interim committees and commissions in lieu of legislative action – kicking the can down the road instead of addressing the systemic faults in our state’s public defense systems.
 
With the successful passage of House Bill 504, thanks to our multi-year lobbying efforts, Idaho’s public defense systems will see the first set of foundational reforms enacted in the history of the State. This legislation will outline standards to assist public defenders – including increased parity in pay with public defenders and prosecutors, providing for private meeting space to protect attorney/client confidentiality, and establishing caseload and workload standards for attorneys – along with granting additional dollars to counties to supplement their funding options for public defense. It will also grant the Public Defense Commission enforcement authority to hold counties accountable for providing a constitutional level of public defense. This legislation, with its partner appropriations bill, will also secure state funding for public defense in Idaho, the first time the legislature has provided sorely needed funding for on-the-ground trial level public defense.
 
Sponsors:
Sen. Todd Lakey, Rep. Christy Perry
No results.

ACLU Statement on Public Defense Bill Becoming Law

We applaud the legislature for taking the first step in reforming the public defender system in Idaho. 

Gov. Otter standing at a podium signing a bill into law in the Governor's office with people standing around him

ACLU Sues Idaho over Defective Public Defense System

Thousands of defendants left without representation at critical points in their prosecutionBOISE, Idaho – The ACLU, the ACLU of Idaho, and the global law firm Hogan Lovells filed a class action lawsuit against the state of Idaho asking the court to force the state to fix its unconstitutional system of public defense, which deprives thousands of Idahoans of their Sixth Amendment right to adequate legal representation and withholds the resources needed by public defenders throughout the state to effectively represent those prosecuted by state government.

Press conference in front of the Idaho Statehouse. cameras in the fore ground, people beyond a podium in the background