Idaho Admin. Code r. 61.01.02.070

Current through August 31, 2023

Section 61.01.02.070 - ATTORNEY ROSTERS REQUIREMENTS AND PROCEDURES

01.Defending Attorney Roster. (4-6-23)T

a. Attorneys who complete the PDC form verifying they meet the items in this Subsection 070.01 will be automatically included and remain on the Defending Attorney Roster until they request removal or are removed for failing to comply with Public Defense Rules. Attorneys who are unable to verify the items in this Subsection 070.01 may submit a new verification form at any time. (4-6-23)T

i. Have an active license to practice law in Idaho; (4-6-23)T

ii. Attest they are in compliance with the Public Defense Rules or will comply with the Rules when appointed and representing an Indigent Person; (4-6-23)T

iii. New attorneys admitted to the Idaho State Bar within the previous year will name and be mentored by an experienced Defending Attorney on the Defending Attorney Roster; (4-6-23)T

iv. Have completed the minimum continuing legal education ("CLE") requirements in Paragraph 090.03 of these rules within the previous year or within the next ninety (90) days of being placed on the Roster; (4-6-23)T

v. Attorneys on the Defending Attorney Roster will complete Annual Reports as set forth in IDAPA 61.01.03, "Records, Reporting and Review," Paragraph 020.01.a. Attorneys who at the time of inclusion on the Defending Attorney Roster are not under contract with a county will promptly provide PDC Staff notice and copy of any county contracts entered after inclusion. (4-6-23)T

b. Continuing Eligibility. (4-6-23)T

i. To remain on the Defending Attorney Roster attorneys must: (4-6-23)T

(1) Comply with the Public Defense Rules; (4-6-23)T

(2) Have completed the minimum CLE requirements under Subsection 090.03 of these rules; and (4-6-23)T

(3) Have completed an Annual Report. (4-6-23)T

ii. To address Defending Attorney Deficiencies: (4-6-23)T

(1) PDC Staff will review reported Defending Attorney Deficiencies and work directly with the Defending Attorney, and the county when appropriate, to resolve them. (4-6-23)T

(2) If the Deficiency cannot be resolved at the review, PDC Staff may ask the Defending Attorney to submit a plan to cure the Deficiency with proposed detailed action items and completion dates. (4-6-23)T

(3) If a plan is requested and is not submitted or completed, or if the Defending Attorney Deficiency is not cured, it will be referred to the Commission with the Executive Director's order of removal, which the Defending Attorney may appeal as set forth in Subsection 080.04 of these rules. County Deficiencies, which are not Defending Attorney Deficiencies, are the responsibility of the county and not the Defending Attorney. County responsibilities are set forth in these rules including without limitation Section 020 of these rules and subject to the county Deficiency process set forth in IDAPA 61.01.03, "Records, Reporting and Review," Sections 050 through 060. (4-6-23)T

02.Capital Defending Attorney Roster. (4-6-23)T

a. For Inclusion on the Capital Defending Attorney Roster, a Defending Attorney must: (4-6-23)T

i. Meet minimum qualifications under Subsection 060.04 of these rules; and (4-6-23)T

ii. Have completed minimum CLE requirements under Paragraph 090.03.b. of these rules within two (2) years; (4-6-23)T

iii. Have completed Capital Defending Attorney Roster forms. (4-6-23)T

b. PDC Staff or contractor investigates an applicant for initial inclusion on the Capital Defending Attorney Roster. The Commission appointed subcommittee reviews applications and PDC Staff reports and makes recommendations to the Commission. The Commission makes the final decision. (4-6-23)T

c. Continuing Eligibility. To remain on the Capital Defending Attorney Roster Defending Attorneys must comply with the Public Defense Rules and: (4-6-23)T

i. Have completed the minimum CLE requirements under Subsection 090.03 of these rules; and (4-6-23)T

ii. Have completed Capital Case reporting and authorization forms by November 1 every other year. (4-6-23)T

d. PDC Staff or contractor investigates continuing eligibility to remain on the Capital Defending Attorney Roster. The Commission appointed subcommittee reviews continuing eligibility and PDC Staff reports and makes recommendations to the Commission. The Commission makes the final decision. The Commission will remove attorneys who do not meet continuing eligibility requirements from the Capital Defense Roster. (4-6-23)T

03.Confidentiality. Information about an attorney's fitness to represent Indigent Persons is confidential and exempt from the Public Records Act under Section 74-105(18)(a), Idaho Code. (4-6-23)T

Idaho Admin. Code r. 61.01.02.070