Title 19 — CRIMINAL PROCEDURE
61 chapters · 856 sections in this title.
Idaho Code § 19-6001 short title
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19-6001. short title. This chapter shall be known and may be cited as the "State Public Defender Act."
Idaho Code § 19-6002 Definitions
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19-6002. Definitions. As used in this chapter: (1) "Defending attorney" means any attorney employed by an indigent defense provider or otherwise under contract to represent adults or juveniles at public expense, consistent with the provisions of this chapter. (2) "Detain" means t…
Idaho Code § 19-6003 office of THE state public defender created
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19-6003. office of THE state public defender created. The office of the state public defender is hereby created in the department of self-governing agencies.
Idaho Code § 19-6004 STATE PUBLIC DEFENDER — APPOINTMENT — TERM — PROHIBITED CONDUCT — REMOVAL — VACANCIES — reappointment — COMPENSATION
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19-6004. STATE PUBLIC DEFENDER — APPOINTMENT — TERM — PROHIBITED CONDUCT — REMOVAL — VACANCIES — reappointment — COMPENSATION. (1) The state public defender shall reside in the office of the state public defender and shall be appointed by the governor, in a manner consistent with…
Idaho Code § 19-6005 POWERS AND DUTIES OF THE STATE PUBLIC DEFENDER
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19-6005. POWERS AND DUTIES OF THE STATE PUBLIC DEFENDER. Consistent with the state of Idaho’s obligation to provide indigent public defense pursuant to the sixth amendment to the United States constitution; section 13, article I of the constitution of the state of Idaho; and this…
Idaho Code § 19-6006 district public defender
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19-6006. district public defender. (1) In each judicial district described in chapter 8, title 1, Idaho Code, the state public defender shall employ a district public defender. The district public defender must be an employee of the office of the state public defender, meet and m…
Idaho Code § 19-6007 hiring the district public defender
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19-6007. hiring the district public defender. (1) Whenever a vacancy arises in the position of district public defender, it shall be the duty of the district magistrates commission to recruit applicants, review candidates, and hire a district public defender who meets the qualifi…
Idaho Code § 19-6008 INDIGENT PUBLIC DEFENSE — role of counties
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19-6008. INDIGENT PUBLIC DEFENSE — role of counties. (1) All counties are released from any further financial or legal obligation to provide indigent public defense. On and after such date, the state assumes the full financial and legal obligation to provide indigent public defen…
Idaho Code § 19-6009 Right to counsel of indigent person — Representation at all stages of criminal and commitment proceedings — Payment
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19-6009. Right to counsel of indigent person — Representation at all stages of criminal and commitment proceedings — Payment. (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to se…
Idaho Code § 19-6010 Duty to notify accused or detained of right to counsel
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19-6010. Duty to notify accused or detained of right to counsel. (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, o…
Idaho Code § 19-6011 Determination of indigency — Factors considered — Partial payment by accused — Reimbursement
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19-6011. Determination of indigency — Factors considered — Partial payment by accused — Reimbursement. (1) The determination of whether a person covered under section 19-6009, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit for…
Idaho Code § 19-6012 Qualifications of counsel
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19-6012. Qualifications of counsel. No person may be given the primary responsibility of representing an indigent person unless he is licensed to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime.
Idaho Code § 19-6013 Waiver of counsel — Consideration by court
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19-6013. Waiver of counsel — Consideration by court. A person who has been appropriately informed of his right to counsel may waive any right provided by this chapter if the court concerned, at the time of or after waiver, finds of record that he has acted with full awareness of …
Idaho Code § 19-6014 Facilities
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19-6014. Facilities. A defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the county prosecutor. If the defending attorney considers the use of the state facilities impractical, the court concerned may authorize the …
Idaho Code § 19-6015 Reimbursement — When authorized
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19-6015. Reimbursement — When authorized. (1) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this chapter: (a)…
Idaho Code § 19-6016 Records of defending attorneys
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19-6016. Records of defending attorneys. Indigent defense providers and defending attorneys shall keep appropriate records respecting each person whom they represent under this chapter.
Idaho Code § 19-6017 Application of chapter — State courts — Federal courts
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19-6017. Application of chapter — State courts — Federal courts. This chapter applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if: (1) Th…
Idaho Code § 19-6018 Provisions not exclusive
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19-6018. Provisions not exclusive. The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides.
Idaho Code § 19-6019 contracting with defending attorneys
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19-6019. contracting with defending attorneys. (1) When contracting with defending attorneys to provide primary or conflict indigent defense services, to the greatest extent that is practicable, the office of the state public defender shall contract with local defending attorneys…
Idaho Code § 19-6020 APPOINTMENT OF ADDITIONAL COUNSEL — PRO BONO PROGRAMS
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19-6020. APPOINTMENT OF ADDITIONAL COUNSEL — PRO BONO PROGRAMS. (1) Should the office of the state public defender be unable to carry out the duties required in this chapter because of a conflict of interest, or any other reason, the state public defender or his designee shall ar…