Idaho Admin. Code r. 61.01.03.050

Current through September 2, 2024

Section 61.01.03.050 - DEFICIENCY REPORTING, REVIEW, AND RESPONSE AS PROVIDED IN SECTIONS 19-850(1)(C), 19-862A(1, (11)-(12) AND 19-850(1)(A)(VI), IDAHO CODE

01.Reporting.

a. Counties and Defending Attorneys have a duty to report Deficiencies to PDC Staff.

b. Deficiencies may be reported by Indigent Persons, PDC Staff, or others.

02.Review and Response. PDC Staff will review reported Deficiencies and may work directly with a county and Defending Attorney to resolve, make a report to the Commission, or both.

03.Non-Material Deficiencies. If a Deficiency may be readily resolved with the assistance of PDC Staff, the Executive Director may ask the county to submit a plan to cure the Deficiency with proposed detailed action items and completion dates. If the plan is not submitted or not completed, or the Deficiency not cured according to the deadlines set by the Executive Director, the Non-Material Deficiency will be deemed Material.

04.Material but Non-Willful Deficiencies. If the Commission determines a Deficiency is Material following review by PDC Staff and recommendation of the Executive Director or if a non-material Deficiency is not cured by the set deadline:

a. The county must consult with PDC Staff on a Compliance Plan and timely apply for Financial Assistance, if necessary;

b. The Compliance Plan must include timeframe to become compliant and progress reports from the county to PDC Staff;

c. If compliance is not achieved by the deadline set by the Executive Director, the Commission may designate the Material Deficiency as Willful.

05.Material and Willful Non-Compliance.

a. If the Commission determines a Deficiency is Material and Willful following review by PDC Staff and recommendation of the Executive Director, and

b. The Commission gives notice of its intent to remedy specific Deficiencies to the extent necessary to comply with Public Defense Rules at the county's expense:

i. Within fourteen (14) days of the date of said notice, the Commission and the county or their designees shall meet to attempt resolve the issues of the Material and Willful Deficiency or agree on a schedule for further meetings;

ii. If the Commission and the county are unable to resolve the Deficiency by meeting, and

iii. The Commission determines it must take immediate action under Subsection 060.01 of these rules, the Commission may contract with contract Defending Attorneys or other resources as deemed appropriate to remediate at the county's expense; or

iv. If the Commission does not proceed under Subsection 060.01 of these rules, the Commission and the county or their designees must agree on a mediator and a date for mediation within twenty-eight (28) days, with the cost of mediation to be paid equally by the parties;

v. If after mediation the Commission and the county are unable to come to a resolution, the Commission shall provide written notice of its decision to remedy specific Deficiencies and may contract with Defending Attorneys or other resources as deemed appropriate to remediate at the county's expense;

06.Application to Resume Public Defense. If the Commission remedies specific Deficiencies to the extent necessary to comply with Public Defense Rules at the county's expense, the county may make application to resume public defense upon showing the county is able to do so in compliance with Public Defense Rules.

Idaho Admin. Code r. 61.01.03.050

Effective April 10, 2024 (Temporary)