Idaho § 19-6008 - INDIGENT PUBLIC DEFENSE - role of counties

§ 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 defense required by the sixth amendment to the United States constitution and section 13, article I of the constitution of the state of Idaho.

(2) This release of financial and legal obligation to provide indigent public defense includes the release of any requirement for counties: to employ or contract with defending attorneys, investigators, social workers, legal assistants, or other personnel necessary to provide indigent public defense; to provide office furnishings, equipment, office materials, or office supplies; to provide information technology equipment, information technology software, communication equipment, communication software, equipment, or software licenses or subscriptions; to provide general office technology or equipment; or to assume any other expense necessary for indigent defense services on and after October 1, 2024.

(3) Notwithstanding the provisions of this section, any county providing office space to a county office of public defense or a joint county office of public defense as of January 1, 2023, shall continue to make available the same or substantially similar office space for the use of the office of the state public defender until July 1, 2029, provided that:

(a) Not later than January 1, 2027, the state public defender must provide to the board of county commissioners of any county providing office space to the office of the state public defender a facility transition plan outlining the state public defender’s intent to either procure other office space to house defending attorneys or enter into a contract with the board of county commissioners to lease office space from the board of county commissioners necessary to house defending attorneys;

(b) Nothing in this section shall be construed to obligate a board of county commissioners to provide office space to the office of the state public defender on and after July 1, 2029;

(c) Nothing in this section shall prohibit the state public defender from notifying a board of county commissioners that provides office space to the office of the state public defender that the state public defender no longer needs part or all of the space obligated by this section prior to July 1, 2029. Such notice shall relieve the county board of commissioners of the obligation to provide office space to the office of the state public defender; and

(d) Notwithstanding the provisions of this section, each county must continue providing interviewing facilities in the county jail necessary for carrying out the state public defender’s responsibilities in law.

(4) The state public defender shall reimburse a board of county commissioners for any expenses incurred in providing such office space, including but not limited to office furnishings, equipment, office materials, or office supplies; information technology equipment, information technology software, communication equipment, communication software, equipment, or software licenses or subscriptions; or general office technology or equipment or related expenses. Provided however, that counties providing such office space shall be responsible for costs related to office utilities, office cleaning, building maintenance, snow removal, and repair and replacement costs due to reasonable use of the office space. The board of county commissioners and the state public defender shall annually enter into a memorandum of understanding regarding the use of such office space.

[19-6008, added 2023, ch. 220, sec. 1, p. 665; am. 2025, ch. 329, sec. 6, p. 1358.]