Idaho Public Defense Commission - PowerPoint Presentation

Slide1

Idaho Public Defense Commission Core Contract Terms

Presentation to the Idaho Association of Counties and Clerks Summer Meeting June 11, 2015

“The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.”Gideon v. Wainwright

The HISTORY OF THE

SIXTH AMENDMENT

“Even

the intelligent and educated layman has small and sometimes no skill in the science of law. … Without [counsel], though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.”- Gideon v. Wainwright

Whereas it doth appeaere that any person . . . may on good grounds, or through mallice or envie be indicted and accused for matters criminal, wherein the person is so [accused] may be innocent, and yett, may not be accomplished with soe much wisdom and knowledge of the law to plead his own innocencye, &c. Rhode Island & Providence Plantations, 1660 Statute

IDAHO

1874 Territorial Criminal Practice Act § 3

:

“

right to the aid of counsel in every stage of the proceedings and before any further proceedings are had.”

IDAHO

1887 Idaho Revised Statutes

“If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel, the court must assign counsel to defend him.”

Idaho Public Defense Commission

Historical Development

2007 ICJC authorized a study of the indigent defense system in Idaho;

The report generated led to the creation of a subcommittee to develop recommendations consistent with the report;

One of those recommendations resulted in a legislative interim committee, which is on it’s third year;

The legislative interim committee recommended legislation creating the Public Defense Commission.

Idaho Public Defense Commission

Members: defined by I.C. § 18-849

Chair, Judge Molly Huskey (Idaho Supreme Court)

Darrell Bolz (Juvenile Justice Commission)

Representative Christy Perry

Kimber Ricks (IAC-Madison County Comm.)

Sara Thomas, (SAPD)

Bill Wellman (Defending Attorney)

Senator Chuck Winder

Idaho Public Defense Commission

Staff

Ian H. Thomson, Executive Director

816 W. Bannock Street, Suite 201

Boise, ID 83702

i

an.thomson@pdc.idaho.gov

208-332-1736

Nichole Devaney, Administrative Assistant

nichole.devaney@pdc.idaho.gov

208-332-1735

Idaho Public Defense Commission

Created in 2014

First meeting in August 2014

Hired an executive director in October, 2014

Identified initial priorities:

Drafting Model Contract Terms for Comments from both Public Defenders and County Commissioners

Conducting Public Defender Trainings

Educating legislators, Commissioners, other stakeholders regarding Indigent Defense

Idaho Public Defense Commission

Statutory Authority § 19-850

(1) The state public defense commission

shall

:

(a) Promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, establishing the following:

(i)

Training

and continuing legal education requirements for defending attorneys, which shall promote competency and

consistency in case types including, but not limited to, criminal, juvenile, abuse and neglect, post-conviction, civil commitment, capital and civil contempt; and

(ii) Uniform data

reporting requirements

for the annual reports submitted pursuant to section 19-864, Idaho Code. The data reported shall include caseload, workload and expenditures.

Idaho Public Defense Commission

§ 19-850 (1)

(

b) On or before January 20, 2015, and by January 20 of each year thereafter as deemed necessary by the commission,

make recommendations

to the Idaho legislature for legislation on public defense system issues including, but not limited to

:

(i)

Core requirements

for contracts between counties and private

attorneys

for the provision of indigent defense services and

proposed model

contracts for counties to use

;

(ii)

Qualifications

and experience standards for the public

defender

and

defending

attorneys;

(iii)

Enforcement

mechanisms; and

(iv)

Funding issues

including, but not limited to:

1

. Training and continuing legal education for defending

attorneys

;

2

. Data collection and reporting efforts; and

3

. Conflict cases

.

(

c) Hold at least one (1) meeting in each calendar quarter.

Proposed Core Contract Terms

Case Types

Reports and Inspections

Record Keeping

Performance Expectations

ABA Ten Principles

NLADA Performance Guidelines & Performance

Requirements

Training Requirements

Experience Requirements (by case type)

Definitions

Idaho Public Defense Commission

Have not yet established Core Contract Terms for:

Caseload / Workload Standards

Establishing Conflict Processes

Compensation

Attorney Expenses, including investigative, laboratory, legal/litigation experts, and interpreter services

Default

Provisions

Idaho Public Defense Commission

Other Tasks

1. Rules for disseminating the trustee funds;

2. Selection of (training) scholarship recipients;

3. Data reporting.

Core Contract Terms

How they were developed;

What they are designed to do; and,

How they are to be used

Core Contract Terms – Development

Subcommittee: me, Bill Wellman and Commissioner Kimber Ricks

Information gathering, reviewing what other states have done

Selecting, copying, re-drafting the various provisions that we thought best fit what Idaho needs

Core Contract Terms - Purpose

The Core Contract Terms represent:

Best practices;

Adherence to the Sixth Amendment requirements;

Compliance with the ABA Ten Principles;

Protection for Counties, defending attorneys, and defendants;

Reflect the nationwide perception change regarding the role of defense counsel.

Core Contract Terms – How to Use Them

Initially

Menu options, pick and choose what best works for your county;

The more you choose, the greater level of performance and protection but also, greater cost.

Long Term

The PDC will be recommending Core Contract Terms be enacted through legislation

Need your feedback on what works, what doesn’t work, suggestions, ideas, etc.

Comments and Suggestions

info@pdc.idaho.gov