Section 19-5901 – SHORT TITLE.

19-5901. SHORT TITLE. This chapter shall be known and may be cited as the "State Appellate Public Defender Act." History: [19-5901, added 2021, ch. 164, sec. 2, p. 466.]

Section 19-5902 – LEGISLATIVE INTENT.

19-5902. LEGISLATIVE INTENT. The legislature recognizes that the cost of legal representation of indigent defendants upon the appeal of their criminal convictions, particularly convictions for first-degree murder, is an extraordinary burden on the counties of this state. In order to reduce this burden and provide competent counsel, but avoid paying high hourly rates to independent […]

Section 19-5903 – CREATION OF OFFICE.

19-5903. CREATION OF OFFICE. The office of state appellate public defender is hereby created in the department of self-governing agencies. History: [19-5903, added 2021, ch. 164, sec. 2, p. 466.]

Section 19-5904 – APPOINTMENT — QUALIFICATIONS — TERM — COMPENSATION.

19-5904. APPOINTMENT — QUALIFICATIONS — TERM — COMPENSATION. (1) The state appellate public defender shall be appointed by the governor, with the advice and consent of the senate. (2) The state appellate public defender shall be an attorney licensed to practice law in the state of Idaho and shall have a minimum of five (5) […]

Section 19-5905 – POWERS AND DUTIES.

19-5905. 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 the following cases: (a) Appeals from convictions or post-judgment orders in district court; (b) Interlocutory criminal appeals from district court; (c) Appeals from […]

Section 19-5906 – APPOINTMENT OF ADDITIONAL COUNSEL.

19-5906. APPOINTMENT OF ADDITIONAL COUNSEL. Should the state appellate 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 appellate public defender shall arrange for counsel for indigent defendants to be compensated out of the budget of the state appellate […]

Section 19-5907 – ANNUAL REPORT.

19-5907. ANNUAL REPORT. The state appellate public defender shall make an annual report to the state board of examiners, the supreme court, the legislature, and all counties for which the office has provided services concerning the cases handled by the office during the preceding year. History: [19-5907, added 2021, ch. 164, sec. 2, p. 467.]