2018- Public Defense Commission Rules

2018 Is the second year that the Idaho Public Defense Commission (PDC) is presenting rules in accordance with the requirements set out by the comprehensive public defense reform bill from the 2016 legislative session. Of particular interest to the ACLU is rule docket 61-0106-1701 regarding the Oversight, Implementation, Enforcement, and Modification of Indigent Defense Standards.

These rules are a critical component in ensuring that the standards and directives set out in Idaho Code §19-850(1)(a) are met and that Idaho’s public defense delivery system meets constitutional muster. Despite our neutral position on the rules, we encourage the legislature and PDC to consider the ACLU’s recommendations regarding the newly created oversight and enforcement rules. In doing so, we can then ensure that individuals whose personal liberty is at stake can rely on a system that dedicates itself to protecting their Sixth Amendment rights.

Our recommendations include:

•  Focusing the PDC’s monitoring program on indigent clients and their constitutional rights to adequate legal representation. In centering this oversight program around the unique needs of indigent clients, the PDC should evaluate, track, and record the client’s level of participation and their trust and rapport with their defending attorney(s), which is essential to a functional attorney-client relationship. 

•  Additional employment monitoring in the event that a defending attorney reports to the PDC any adverse employment action taken against them after said defending attorney previously reported a compliance issue to the PDC. Without a promulgated independence standard, Idaho’s public defense system will continue to be harmed by the political will of county leaders who may dismiss PDC directives, grant instructions, or official agency rules.

• Ensuring that known non-compliant defending attorneys be barred from representing indigent clients until they come into compliance with Idaho standards and rules, and can ensure constitutionally compliant representation for their clients.