Public Defense Reform

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

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.

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

The Idaho legislature bans flat-fee public defense contracts.

The Idaho legislature creates a statewide Public Defense Commission with very limited powers.

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.

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

The governor signs multiple public defense reform bills, which:

• 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.

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

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.”

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

The Idaho legislature passed House Bill 236 to restructure public defense in the state by establishing a state-controlled, state-funded public defense system.

The trial court dismissed our Tucker v. Idaho case, ruling that Idaho families had to wait and see if the new statewide system would finally secure their constitutional rights.

We appealed the trial court’s decision, sending the case to the Idaho Supreme Court. Despite the state’s future promises, Idaho families who can’t afford a private attorney continue to be denied adequate legal representation.

The State of Idaho takes control of a restructured public defense system, moving from a county-led model to a statewide model. The disastrous rollout led to a mass exodus of public defenders and widespread, chaotic instances of Idahoans being denied access to an attorney

We filed an emergency motion, asking the Idaho Supreme Court to intervene. A two-month investigation found that system-wide deficiencies continued and worsened after the disastrous rollout of the new system in October 2024.

The Idaho Supreme Court denies our emergency motion request.

We are now waiting on a decision from the Court as to whether or not they will uphold the trial court’s decision to dismiss our lawsuit.

The Idaho legislature and governor make major cuts to the State Public Defender's budget, despite warnings from the State's public defense chief that the cuts will negatively impact Idahoans’ access to a public defender.