Tucker v. State of Idaho

  • Filed: June 17, 2015
  • Status: On appeal
  • Court: Idaho Fourth Judicial District Court and Idaho Supreme Court
  • Latest Update: Jun 17, 2015
Podium on Idaho state capitol steps with people standing behind speaker at podium

Defending Idahoans' right to a constitutional public defense system.

The ACLU, the ACLU of Idaho, and the global law firm Hogan Lovells filed a lawsuit in 2015 against the State of Idaho over its defective public defense system. Thousands of Idahoans enter a defective criminal justice system with an overburdened and under resourced public defense delivery system. In April of 2017 the Idaho Supreme Court ruled that the ACLU/Hogan Lovells lawsuit against the state should move forward, holding that "the counties have no practical ability to effect statewide change" and so "the state must implement the remedy."

Idaho’s leaders must establish and fund a statewide public defense system with uniform standards for workloads, performance, and training. They must make the Sixth Amendment a reality for all Idahoans.

As of April 2019, this case is now on appeal to the Idaho Supreme Court for the second time. Read Questions and Answers About the Public Defense Class Action Lawsuit to find out more.

Case Number:
CV-OC-2015-10240 (District); 46882-2019 (Supreme)
Judge:
Samuel A. Hoagland
Attorney(s):
Ritchie Eppink, Jason Williamson, Molly Kafka, David Maxwell, Elizabeth Lockwood
Pro Bono Firm:
Hogan & Lovells US LLP

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 Comment on Idaho Court’s Dismissal of Lawsuit Over Public Defense Crisis

“We will appeal this decision. We disagree with the court that it has no role in deciding the fate of our constitutional right to adequate representation."

infographic that says "1 in 3 Idahoans can't afford a private attorney so they must rely on public defenders. The system in Idaho is beyond broken. ACLU is working to fix it.

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

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