Idaho

All who work in public defense know there is a problem -- we call it the "indigent defense crisis."  In 2002, NLADA established the Justice Standards, Evaluation and Research Initiative (JSERI) in order to concretely evaluate the depth and breadth of both successes and difficulties in indigent defense representation throughout the country, providing a measurement of public defense services against national standards.  JSERI's protocol for evaluation of any system combines a review of the jurisdiction's budgetary, caseload, and organizational information with site visits to observe courtroom practice and interviews of all key criminal justice system stakeholders and policymakers.

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Publication Date: 02/19/2010

Idaho's misdemeanor probation systems may violate state Constitution

BY Jon Mosher on Thursday, October 13, 2011 at 2:57 PM

The October 12, 2011 Idaho Statesman reports that Idaho’s misdemeanor probation system may have been operating illegally for almost two decades.  People placed on probation for felony offenses are supervised by the State Board of Correction.  But each of Idaho’s 44 counties decide for themselves how to supervise people on probation for misdemeanors.  Thirty-eight of the counties operate their own misdemeanor probation programs, one county has no program at all, and five counties contract with a private for-profit company to provide services.  A recently filed class-action lawsuit challenged the private contract program in Ada County, which includes the state capital Boise, alleging that probationers are being charged higher fees than allowed by state law and are being subjected to conditions that were not part of their sentence.  Of even greater concern to County Commissioners throughout the state is an August 15 memo from Sara Thomas, chief of the Idaho State Appellate Defender’s appellate unit.  Thomas’ memo concludes that Idaho’s Constitution requires all people on probation to be supervised by the State Board of Corrections and that the legislature has never had authority to put counties in charge of adult misdemeanor probation programs.  

On January 27, 2010, NLADA publicly released its report, The Guarantee of Counsel: Advocacy & Due Process in Idaho’s Trial Courts.  The report finds that the state of Idaho fails to provide the level of representation required by our Constitution for those who cannot afford counsel in its criminal and juvenile courts.  Idaho has sewn a patchwork quilt of under-funded, inconsistent systems that vary greatly in defining who qualifies for services and in the level of competency of the services rendered.  While there are some admirable qualities in some of the county indigent defense services, NLADA finds that none of the public defense systems in the sample counties are constitutionally adequate.

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Publication Date: 2010

Gideon Alert: Good news round-up

BY David Carroll on Wednesday, March 24, 2010 at 1:29 PM

Gideon Alerts is committed to not only highlighting the ongoing problems in indigent defense, but also to reporting advances in the improvement of indigent defense systems.  It has been a busy and successful past few days for the right to counsel in America.

At the request of the Idaho Criminal Justice Commission and the Idaho Juvenile Justice Commission, NLADA evaluated adult & juvenile trial-level public defense services, based on a seven-county sample. This 2010 report finds that the state of Idaho fails to provide the level of representation required by our Constitution for those who cannot afford counsel in its criminal and juvenile courts.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 01/2010

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

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NLADA evaluated the Office of the State Appellate Public Defender (SAPD) at their request to assess the office's development over its eight-year existence, note its accomplishments, and identify improvements in service. This 2007 report offers assessment and recommendations with the understanding that even a competent appellate defender office is still capable of improvement and advancement.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 06/2007

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

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