The ACLU, the ACLU of Idaho, and the global law firm Hogan Lovells filed a lawsuit against the State of Idaho in 2015 on behalf of tens of thousands of Idahoans who cannot afford a private attorney. Our class action lawsuit, known as Tucker v. State of Idaho, demands an end to Idaho’s public defense system crisis.
A decade later, litigation continues.
Read below to learn the latest in public defense, our ongoing work to protect every Idahoan’s Sixth Amendment right to legal representation, and our persistent efforts to hold the State accountable for violations of this fundamental right.
What's new in public defense?
The State of Idaho assumed responsibility for delivering all public defense services on October 1, 2024; previously, public defense was managed at the county level. Idaho’s new statewide system has so far failed to provide the most basic and fundamental services required of public defense. The state’s failure directly affects tens of thousands of Idahoans in the certified class of plaintiffs.
The persistent, uneven, and statewide issues with Idaho’s public defense system prompted our team to file an emergency motion in December of 2024 in the Idaho Supreme Court. The filing details significant flaws in the state’s public defense system. These flaws, while specific to the new Office of the State Public Defender (SPD), are firmly rooted in the ACLU of Idaho’s decade-long legal challenge to Idaho’s public defense system (Tucker v. State).
Lawmakers have, in recent years, passed legislation related to public defense. Unfortunately, these efforts have failed to address significant and persistent defects in Idaho’s public defense system. Staffing shortages and case management issues continue to contribute to widespread delays in (or total absence of) adequate legal representation for Idahoans.
Absent meaningful reform, our legal advocacy continues.
Follow us on socials or check this page to stay updated on our Tucker lawsuit and public defense in Idaho.
