2015 Idaho Statutes
Title 19 - CRIMINAL PROCEDURE
Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
Section 19-850 - POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION.

19-850. powers and duties of the state public defense commission. (1) The state public defense commission shall:

(a) Promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, establishing the following:

(i) Training and continuing legal education requirements for defending attorneys, which shall promote competency and consistency in case types including, but not limited to, criminal, juvenile, abuse and neglect, post-conviction, civil commitment, capital and civil contempt; and

(ii) Uniform data reporting requirements for the annual reports submitted pursuant to section 19-864, Idaho Code. The data reported shall include caseload, workload and expenditures.

(b) On or before January 20, 2015, and by January 20 of each year thereafter as deemed necessary by the commission, make recommendations to the Idaho legislature for legislation on public defense system issues including, but not limited to:

(i) Core requirements for contracts between counties and private attorneys for the provision of indigent defense services and proposed model contracts for counties to use;

(ii) Qualifications and experience standards for the public defender and defending attorneys;

(iii) Enforcement mechanisms; and

(iv) Funding issues including, but not limited to:

1. Training and continuing legal education for defending attorneys;

2. Data collection and reporting efforts; and

3. Conflict cases.

(c) Hold at least one (1) meeting in each calendar quarter.

(2) The state public defense commission may:

(a) Hire an executive director who shall be responsible for the performance of the regular administrative functions of the commission and other duties as the commission may direct. The executive director shall be a nonclassified state employee and shall be compensated as determined by the commission.

(b) Employ persons in addition to the executive director in other positions or capacities as it deems necessary to the proper conduct of commission business and to the fulfillment of the commission's responsibilities. The employees of the commission other than the executive director shall be classified employees and shall receive as compensation an annual salary payable on regular pay periods, the amount of which shall be determined by the commission.

(c) Provide an office, office equipment and facilities as may be reasonably necessary for the proper performance of its duties or the duties of the executive director and other personnel.

History:

[19-850, added 2014, ch. 247, sec. 3, p. 618.]