Public Defense Reform

Idahoans’ constitutional right to an attorney continues to be undermined, despite our decade-long fight for equal access to legal counsel.

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What you need to know

1 in 3 Idahoans can't afford a private attorney.

So they must rely on public defenders.

Idaho families are suffering.

Every day, Idahoans are being denied their constitutional right to adequate legal counsel.

Idaho's public defense system is defective.

The ACLU is working to fix it.

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 Idahoans' 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 Tucker and public defense in Idaho.

Uptick in Complaints

ACLU of Idaho begins to track public defense issues in response to an increase in intake complaints.

Public Defense Report Released

National Legal Aid and Defender Association releases a report finding unconstitutional public defense systems in all of the Idaho counties studied. Idaho’s governor-appointed Criminal Justice Commission creates a subcommittee on public defense.

Public Defense Committee Recommended

Idaho Criminal Justice Commission’s Public Defense Subcommittee recommends creating an interim committee of the Idaho Legislature to focus on public defense reform.

Flat-fee Contracts Banned

Idaho legislature bans flat-fee public defense contracts.

Spring 2015: Public Defense Commission Established

Legislature creates a statewide Public Defense Commission with very limited powers.

Summer 2015: Tucker Lawsuit Filed

ACLU, ACLU of Idaho, and Hogan Lovells US LLP file a class action lawsuit in state court against the Governor and Public Defense Commission members over the statewide public defense system.

January 2016: Lawsuit Dismissed, We Appeal

State trial court dismisses our lawsuit on standing, ripeness, and separation of powers grounds. We immediately appeal to the Idaho Supreme Court.

March 2016: Governor Signs Public Defense Reform Bills

These public defense reform bills:

  • Allocate $5 million in new funding for public defense, to be distributed in grants by the Public Defense Commission—the first time in Idaho’s history that state funding is appropriated for trial-level public defense.
  • Require the statewide Public Defense Commission to promulgate public defense standards.
  • Give the Public Defense Commission enforcement authority to hold counties accountable to new public defense standards.

January 2017: New Commission Rules

Public Defense Commission creates new rules that fail to include workload or caseload standards and use permissive rather than mandatory language.

April 2017: Supreme Court Ruling

Idaho Supreme Court rules that ACLU/Hogan Lovells lawsuit should go forward, holding that “the counties have no practical ability to effect statewide change” and so “the State must implement the remedy.”

December 2017: Class Action Oral Arguments

Both sides in the lawsuit argue before the state District Court over whether the case should be certified as a class action.

The Latest

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From the statehouse to the courts to the streets, we are building an Idaho where everyone can live with the freedoms granted by the Constitution.
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2025 Legislative Session: Criminal Justice

Press Release
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ACLU files emergency motion asking court to intervene in State Public Defender disaster

The ACLU filed an emergency motion with the Idaho Supreme Court in the Tucker v. State of Idaho class action.
Press Release
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Long-running Class Action Over Idaho’s Public Defense Crisis Heads to Idaho Supreme Court for Third Time

The American Civil Liberties Union of Idaho lawsuit challenging the constitutional adequacy of Idaho’s provision of public defense is headed to the Idaho Supreme Court for the third time since 2016.
Court Case
Jun 17, 2015

Tucker v. State of Idaho

Defending Idahoans' right to a constitutional public defense system.