The ACLU of Idaho said the state’s new public defense system is leaving hundreds, if not thousands, of indigent defendants without lawyers, violating their constitutional rights.
The group is asking the state supreme court to release all defendants who haven’t been represented by a public defender at critical hearings, like a bail argument, preliminary hearing, trial or sentencing.
Those whose attorneys haven’t communicated with them within seven days of being appointed should also be released, according to the ACLU.
ACLU of Idaho outlined multiple examples in their motion of clients left in the lurch over the last few months.
“One [defendant] in Kootenai County appeared in court unrepresented on three separate occasions between October and November, 2024, despite calling [the State Public Defender’s Office] every other day after their arraignment,” the group wrote.
Others describe meeting their attorneys moments before a hearing, if at all, or to be repeatedly handed off to other lawyers.
The Idaho Legislature appropriated $52 million last year to fund the office for its first nine months, an amount critics say is inadequate.
During an Idaho Supreme Court hearing in November, State Public Defender Eric Fredericksen said his office didn’t have enough money to pay for court transcripts related to appeals and that it should continue to be borne by the counties.
Justices later ruled against him.
The State Public Defender’s Office didn’t immediately respond to a request for comment.
This latest motion by the ACLU of Idaho is part of a nearly decade-long case, Tucker v. Idaho, which argues the state has long violated indigent defendants’ Sixth Amendment right to have a court-appointed attorney to adequately defend them.
Fourth District Judge Samuel Hoagland ruled in February that the new state-run public defense system is “completely different” from the former county-based system and the complaints originally raised.
“...time will tell if the State will live up to the promises made or if those are mere empty promises,” Hoagland wrote.
A new case, he wrote, could be filed if the state fails to meet its constitutional obligations.
“For now, it is time for this case to rest in peace.”
This new motion is part of the ACLU of Idaho’s appeal of that decision.
“Given the glaring shortcomings of the [State Public Defender Act], the need for court intervention to protect the constitutional rights of Idaho’s indigent defendants remains urgent,” the group wrote.
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