2005 Idaho Code - 19-870 — POWERS AND DUTIES

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 8
                      EXAMINATION OF CASE AND DISCHARGE
                           OR COMMITMENT OF ACCUSED
    19-870.  POWERS AND DUTIES. (1) Subject to the provisions of subsection
(2) of this section, the state appellate public defender, upon appointment by
the court, shall provide representation for indigent defendants in felony
criminal actions in the following cases:
    (a)  Appeals from convictions in district court, where the appellant was
    convicted on or after September 1, 1998;
    (b)  Appeals from the district court in post-conviction relief proceedings
    brought pursuant to the uniform post-conviction procedure act, chapter 49,
    title 19, Idaho Code, where the denial of the post-conviction relief
    occurred on or after September 1, 1998;
    (c)  Appeals from the district court in habeas corpus proceedings brought
    pursuant to chapter 42, title 19, Idaho Code, where the petition was
    denied on or after September 1, 1998;
    (d)  Post-conviction relief proceedings in district court in capital cases
    where the appellant was sentenced on or after September 1, 1998, or where
    the court has appointed the state appellate public defender or the state
    appellate public defender has accepted the request by the court for
    representation in the case and such event occurred on or after July 1,
    1998, but before March 1, 1999.
    (2)  The services of the state appellate public defender shall be
available only to those counties participating in the capital crimes defense
fund established pursuant to section 19-863A, Idaho Code.
    (3)  The state appellate public defender may employ deputy state appellate
public defenders and other employees necessary to carry out the
responsibilities of the office. The state appellate public defender, in his
discretion, may contract with private attorneys to provide representation on a
case-by-case basis when such contracts would conserve budgetary resources.
    (a)  A deputy state appellate public defender must be licensed to practice
    law in the state of Idaho and possess any other qualifications required by
    the state appellate public defender.
    (b)  The state appellate public defender shall fix the compensation of all
    employees of the office and they shall serve at his pleasure.
    (c)  The state appellate public defender, deputy state appellate public
    defenders and all employees of the office of the state appellate public
    defender shall be nonclassified employees, pursuant to section 67-5303,
    Idaho Code.
    (4)  The state appellate public defender shall have any and all other
powers and duties necessary to carry out the purposes of this act, including
the authority to promulgate rules in accordance with the provisions of chapter
52, title 67, Idaho Code.