Idaho

The state of Idaho funds and administers all indigent defense services in adult criminal trials. A state agency administers services. The state has no commission providing oversight of the agency.

The state of Idaho funds and administers all indigent defense services for adult criminal cases in its appellate courts. A state agency administers services. The state has no commission providing oversight of the agency.

  • 44 Counties State Funded

  • 44 Counties State Administered

  • 44 Counties with No Commission, But Statewide Authority

  • 44 Counties State Funded

  • 44 Counties State Administered

  • 44 Counties with No Commission and Limited Authority

The state-funded Office of the State Public Defender is responsible for providing indigent defense services in all trial-level adult criminal and juvenile cases. A state public defender leads the office and determines how services are provided statewide, either through public defender offices or contracts with private attorneys. In each of the state’s seven judicial districts, a local panel selects a district public defender to assist in managing services within the district through supervision of all primary indigent defense providers, whether staff attorneys or contract private attorneys. For conflict cases, the Alternate Counsel Division within the state office provides oversight of all private attorneys under contract with the state.

The governor appoints the state public defender from a list of names submitted by a nominating committee. The state public defender has standard-setting authority and is responsible for overseeing the delivery of indigent defense services statewide. The state does not have a separate commission to provide oversight of the state public defender. Separate from the trial system, Idaho administers appellate representation statewide through the State Appellate Public Defender.

The state-funded Office of the State Appellate Public Defender (SAPD) provides appellate representation in adult and juvenile criminal cases statewide. Deputy state appellate public defenders and private attorneys under contract with SAPD provide services. The agency also provides representation in post-conviction matters.

The governor appoints the head of the agency. The state has no commission providing oversight of the agency. Separate from the appeal system, Idaho administers a statewide public defender system for adult criminal and juvenile trials.

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Questions Open/Close

How is the state public defender selected?

Who serves on a district magistrate commission?

What are the required qualifications of the state public defender?

Can indigent defense providers in the state be paid under flat fee contracts?

In which branch of state government does the indigent defense system reside?

How is the state appellate public defender selected?

What are the required qualifications of the state public defender?

In which branch of state government does the appellate indigent defense system reside?