Public Defense Reform
Idahoans’ constitutional right to an attorney continues to be undermined, despite our decade-long fight for equal access to legal counsel.
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.
Public Defense Reform in Idaho: A Timeline
17-year timeline of efforts to reform Idaho's defective public defense system, explaining how we got here.
2008
Uptick in Complaints
ACLU of Idaho begins to track public defense issues in response to an increase in intake complaints.
2010
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.
2012
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.
2014
Flat-fee Contracts Banned
Idaho legislature bans flat-fee public defense contracts.
2015
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.
2016
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.
2017
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.
2024
October 2024: Consolidation of Public Defense System
The State of Idaho assumed responsibility for delivering all public defense services on October 1, 2024, consolidating all public defense in the state under the Office of the State Public Defender (SPD). Previously, public defense was managed at the county level.
December 2024: ACLU Files Emergency Motion
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.
The Latest
2025 Legislative Session: Criminal Justice
ACLU files emergency motion asking court to intervene in State Public Defender disaster
Long-running Class Action Over Idaho’s Public Defense Crisis Heads to Idaho Supreme Court for Third Time
Cases, Campaigns & Legislation
2021 - Public Defense Rules
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