Idaho’s public defense system changing

Public defense in Idaho is going to operate differently for attorneys who represent individuals who can’t afford their own counselor.

The Idaho Press reports that starting Oct. 1, public defense will be paid for and coordinated through the State Public Defender.

In the current system, counties collect property taxes to fund public defenders within their borders; in the new system, the money for public defense comes from the general and dedicated funds from the state.

The prosecutor’s offices will remain funded by the counties.

The State Public Defender has $49 million for FY25 that starts Oct. 1.

If the State Public Defender runs out of money, it can ask the Idaho Legislature for supplemental funds.

In 2021, the Idaho Supreme Court found that Idaho’s public defense system was problematic after years of litigation.

One of the goals with the new system is to make representation and expectations consistent throughout the state.