Idaho Admin. Code r. 61.01.02.020

Current through September 2, 2024

Section 61.01.02.020 - COUNTIES TO ADEQUATELY RESOURCE PUBLIC DEFENSE TO ENSURE EFFECTIVE REPRESENTATION IS PROVIDED TO INDIGENT PERSONS AS PROVIDED IN SECTIONS 19-860(2), 19-861(2)-(3), 19-862(1) AND 19-862A(1), (2) AND (8), IDAHO CODE

Counties shall ensure effective representation is provided to Indigent Persons by adequately resourcing public defense as follows:

01.Supported Defense Model. Annually appropriate enough money to fund the public defense model selected under Section 19-859, Idaho Code:

a. Employ or contract with attorneys to provide public defense services from the Defending Attorney Roster or, if the attorney is not yet on the Defending Attorney Roster, have the attorney complete and submit to the PDC the Roster form within thirty (30) days from the date of their employment or contract under Section 070 of these rules;

b. Employ or contract with qualified staff and contractors with professional certificates, licenses and permissions as required by applicable rules and laws; and

c. Provide resources for compliance with Public Defense Rules.

02.Defending Attorney Resources. Provide Defending Attorneys with resources for carrying out the Defending Attorney's responsibilities, including:

a. Confidential office, jail and courthouse meeting rooms to protect client confidentiality;

b. Confidential servers and systems to protect client confidentiality;

c. Sufficient equipment, technology, supplies; and

d. Other resources needed to provide constitutional representation.

03.Contracting. Counties and contract Defending Attorneys will enter into a contract for public defense services as required by Section 19-859, Idaho Code, which must include the following core terms:

a. All parties will comply with Public Defense Rules;

b. Description of services and Case types included in the contract;

c. Prohibition of a single fixed fee for services and expenses;

d. Fee structure and amount for services;

e. The county will pay client related expenses and costs;

f. Defending Attorney will safeguard and retain case files and records as necessary to protect Indigent Persons, and, at termination of their contract, transfer files to the successor contract Defending Attorney; proper safeguards will be put in place to ensure no file is transferred to an attorney who may have a conflict;

g. All parties keep detailed records of their public defense services and expenditures;

h. Defending Attorney will notify the county and the lead institutional or primary contracting Defending Attorney, as applicable, if the Idaho State Bar or other licensing organization files formal charges against a Defending Attorney or non-attorney staff; and

i. Authorization for and disclosure of the contract to the PDC.

04.Communication. The County will frequently meet with the lead institutional or primary contracting Defending Attorneys who are the main providers of public defense services about the following:

a. Review compliance with Public Defense Rules, including monitoring Workloads and Vertical Representation; and

b. Review county budget and expenditures for sufficient allocation of public defense resources and assess need for Financial Assistance.

Idaho Admin. Code r. 61.01.02.020

Effective April 10, 2024 (Temporary)