Idaho switches to new public defender system

The change in the Idaho public defender system went into effect Tuesday, changing how indigent people are represented in Idaho.

Public defense is now paid by the state and coordinated through the State Public Defender Office, which has allocated $49 million for 2025. Previously, public defense was paid for by the counties.

Another change will be the new role of regional public defender. Each judicial district will have a regional public defender who will work with defenders, court administrators, judges and the prosecutor’s office to be a liaison between the state and counties as well as coordinate the different aspects of the judicial system. The regional public defender can also continue to practice in the courtroom if needed.

Joanna McFarland was appointed as regional public defender for the 2nd Judicial District in August. The district includes Nez Perce, Latah, Lewis, Idaho and Clearwater counties. McFarland has been working as a public defender since 2005 and Tuesday was her first day in the new role.

Attorneys who want to stay on as public defenders will have signed contracts with the state public defender. Attorneys who haven’t signed contracts with the defender but have ongoing cases through the previous public defender system will continue to represent those clients. All new cases coming through the court system will be assigned through the state public defender to attorneys who have signed the new contracts.

The new system was on display at the Nez Perce County Courthouse during the initial appearance hearings.

Defendants who have new cases are assigned public defenders at the initial appearances. Defendants can fill out an application for public defender and if a judge determines they qualify, meaning that they can’t afford an attorney on their own, the judge will appoint an attorney.

On Monday, under the previous system, new cases were given to attorneys and law firms who were contracted through Nez Perce County, those included Fuhs Law Office, McFarland Law Offices, Magyar, Rauch and Associates and Rick Cuddihy of Knowlton and Miles. One defendant applied for a public defender and after finding that the person qualified, Magistrate Judge Karin Seubert assigned the Magyar office.

On Tuesday, a defendant with a new case qualified for a public defender. Seubert told the defendant that she was appointing the state public defender.

“That is a new system that is taking over today,” Seubert said.

Seubert told the defendant that either McFarland or the State Public Defender Office would let him know his specific attorney handling his case.

At initial appearances, defendants are also given a limited attorney before they are assigned their representation for their case. The limited attorney at the initial appearance speaks on behalf of the defendant to argue bail and other matters that come up just for the initial appearance if the defendant doesn’t already have an attorney.

Under the State Public Defender Office, attorneys for initial appearances have to be contracted through the state and will be paid by the hour.

Contracts through the state public defender are paid $100 an hour for noncapital cases and $150 for capital cases for lead counsel and $125 for co-counsel. Capital cases are those where the defendant is eligible for the death penalty.

Payton Lawrence represented defendants during Monday’s initial appearances and McFarland represented individuals at initial appearances Tuesday.

The change to the public defense system came out of a lawsuit, Tucker v. State of Idaho, that showed representation of indigent individuals was inadequate and the public defender system was overburdened and under-resourced.

The Sixth Amendment to the U.S. Constitution states that all criminal defendants have a right to an attorney if they can’t afford one. In 2021, the Idaho Supreme Court found that Idaho’s public defense system was problematic after years of litigation.

As a response to that case, the state of Idaho created the Public Defender Commission, which supervised contract attorneys and offices, made sure they were in compliance with licensing, monitoring caseloads and provided opportunities for training, skill development and continuing education that is required.

In 2023, the legislature passed a bill to create the new State Public Defender Office, which would ensure qualified defense attorneys, investigative staff and other resources were dedicated to public defense. From that bill, the Public Defense Commission was discontinued July 1 and the state public defender took over.

Idaho Gov. Brad Little appointed Eric Fredericksen as the state public defender to lead the new office. Fredericksen served as the state appellate public defender in 2016 after being appointed by then-Gov. Butch Otter.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.