All Roll Calls
Yes: 99 • No: 2
IdahoS 11812025 regular legislative sessionSenateWALLET
PUBLIC DEFENSE – Amends existing law to revise provisions regarding the Office of the State Public Defender and indigent public defense in this state.
Sponsored By: JUDICIARY AND RULES COMMITTEE
Signed by Governor
PUBLIC DEFENSE
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 2 benefits, 3 costs, 2 mixed.
Limits on child protection defense
Beginning July 1, 2025, state public defense coverage for child protection cases excludes cases brought only under Idaho's parental-rights termination law. In child protection hearings, parents and guardians must receive notice of their right to counsel. Those requesting counsel who cannot afford it receive representation only to the extent the Constitution requires. Judges conduct the hearings, which must be recorded; public access and disclosure of identifying family information are restricted. County prosecutors represent the department, and termination findings require clear and convincing evidence.
Limits on lawyers for parents
Parents and guardians facing termination of parental rights receive publicly provided lawyers only when the Constitution requires representation. They must request a lawyer and be unable to afford one. Being unable to pay does not, by itself, guarantee a lawyer.
State defense limited to listed cases
Beginning July 1, 2025, the State Public Defender must provide services only for case types listed in the law. These include felonies, misdemeanors, juvenile corrections cases, civil contempt seeking jail time, and covered child protection cases. Coverage also includes specified hospitalization proceedings, probation revocation, appeals, and appropriate post-conviction or post-commitment proceedings unless found frivolous. Eligible people receive counsel at stages when someone with a hired lawyer has a right to representation. Counties are not required to fund or oversee cases outside the law's coverage.
State pays for eligible appeal transcripts
A defendant or their lawyer can request a court transcript for a criminal appeal after conviction. If the district court finds the defendant cannot afford it, the State Public Defender pays the reporter $3.25 per page. This shifts payment from the county treasury to the state. In civil cases, transcript charges can still be assigned to the losing party as court costs.
State oversight for public defense lawyers
The law makes public defense a state-managed essential service, with one state-employed district public defender in each judicial district. District defenders supervise hired and contracted lawyers, investigators, and staff, and coordinate local cases. They work with the State Public Defender on lawyer standards covering independence, confidentiality, conflicts, qualifications, and resources comparable to prosecutors. These principles apply as reasonably practical, considering case difficulty, support services, and travel. Workload standards account for each lawyer's training, experience, caseload, and case difficulty; the office also requires training, uniform reporting, and compliance reviews. District defenders work within their districts, report annually to county boards when invited, and can be removed for cause.
New payment rules for defense contractors
Public defense contracts cannot bundle lawyer pay and client-related expenses into one fixed fee. Contract rates must consider statewide market rates, local conditions, and case difficulty; the law sets no specific pay rate. These rules protect defense resources while limiting contractors' pricing options. The State Public Defender must use uniform contracting and payment systems and analyze replacing contracted work with employees in its fiscal year 2027 budget request. The office must also pursue allowable federal reimbursements through the Department of Health and Welfare for employee and contractor costs.
Counties shift defense costs, keep facilities
Effective October 1, 2024, counties are released from primary legal and financial responsibility for public defense staffing and services. Counties providing office space on January 1, 2023 must provide similar space through July 1, 2029, unless released earlier. The state reimburses furnishings, equipment, technology, software, licenses, and related space expenses. Counties still pay utilities, cleaning, maintenance, snow removal, and repairs or replacements from reasonable use. County boards and the State Public Defender must sign annual space-use agreements, and counties must keep providing needed jail interview facilities. The office transition runs July 1, 2027 through July 1, 2029, after which counties no longer owe office space. A transition plan and leasing or procurement intentions must appear in the fiscal year 2027 budget request and reach county boards by January 1, 2027.
Sponsors & Cosponsors
Sponsor
JUDICIARY AND RULES COMMITTEE
Affiliation unavailable
Cosponsors
Todd M. Lakey
Republican • Senate
Dustin Manwaring
Republican • House
Roll Call Votes
House vote • 4/3/2025
House Floor Vote
Yes: 65 • No: 2
Senate vote • 3/24/2025
Senate Floor Vote
Yes: 34 • No: 0
Actions Timeline
Signed by Governor on 04/14/25 Session Law Chapter 329 Effective: 07/01/2025
4/4/2025Reported delivered to Governor at 12:26 p.m. on 04/04/25
4/4/2025Reported signed by the Speaker & ordered delivered to Governor
4/4/2025Received from Senate; Signed by Speaker; Returned to Senate
4/4/2025HouseReported enrolled; signed by President; to House for signature of Speaker
4/4/2025SenateReturned From House Passed; referred to enrolling
4/3/2025SenateRules Suspended: Ayes 69 Nays 0 Abs/Excd 1, read in full as required – PASSED - 65-2-3
4/3/2025HouseRead second time; Filed for Third Reading
4/3/2025HouseTake bill off General Orders; filed for second reading
4/2/2025HouseReported out of Committee, Recommend place on General Orders
3/27/2025HouseRead First Time, Referred to Judiciary, Rules & Administration
3/25/2025HouseReceived from the Senate, Filed for First Reading
3/25/2025HouseRules Suspended (2/3 Vote - Read in full as required) – PASSED - 34-0-1
3/24/2025SenateReported out of Committee with Do Pass Recommendation; Filed for second reading
3/24/2025SenateReported Printed; referred to Judiciary & Rules
3/20/2025SenateIntroduced; read first time; referred to JR for Printing
3/20/2025Senate
Bill Text
Bill Text
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