2005 Idaho Code - 19-860 — PUBLIC DEFENDER -- TERM -- COMPENSATION -- APPOINTMENT -- QUALIFICATIONS -- COURT APPOINTED ATTORNEYS -- COMPENSATION

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 8
                      EXAMINATION OF CASE AND DISCHARGE
                           OR COMMITMENT OF ACCUSED
    19-860.  PUBLIC DEFENDER -- TERM -- COMPENSATION -- APPOINTMENT --
QUALIFICATIONS -- COURT APPOINTED ATTORNEYS -- COMPENSATION. (a) If the board
of county commissioners of a county elects to establish and maintain an office
of public defender and/or juvenile public defender, the board shall:
    (1)  Prescribe the qualifications of such public defender, his term of
    office (which may not be less than two (2) years), and his rate of annual
    compensation, and, if so desired by the board, a rate of compensation for
    extraordinary services not recurring on a regular basis. So far as is
    possible, the compensation paid to such public defender shall not be less
    than the compensation paid to the county prosecutor for that portion of
    his practice devoted to criminal law.
    (2)  Provide for the establishment, maintenance and support of his office.
    The board of county commissioners shall appoint a public defender and/or
    juvenile public defender from a panel of not more than five (5) and not
    fewer than three (3) persons (if that many are available) designated by a
    committee of lawyers appointed by the administrative judge of the judicial
    district encompassing the county or his designee. To be a candidate, a
    person must be licensed to practice law in this state and must be
    competent to counsel and defend a person charged with a crime. During his
    incumbency, such public defender may engage in the practice of civil law
    and criminal law other than in the discharge of the duties of his office,
    unless he is prohibited from doing so by the board of county
    commissioners.
    (b)  If a court before whom a person appears upon a formal charge assigns
an attorney other than a public defender to represent a needy person, the
appropriate district court, upon application, shall prescribe a reasonable
rate of compensation for his services and shall determine the direct expenses
necessary to representation for which he should be reimbursed. The county
shall pay the attorney the amounts so prescribed. The attorney shall be
compensated for his services with regard to the complexity of the issues, the
time involved, and other relevant considerations.