Idaho Admin. Code r. 61.01.04.020

Current through September 2, 2024

Section 61.01.04.020 - FINANCIAL ASSISTANCE FOR COUNTIES TO PROVIDE PUBLIC DEFENSE IN COMPLIANCE WITH PUBLIC DEFENSE RULES AS PROVIDED IN SECTION 19-862A, IDAHO CODE

01.Information for Application. Counties making application for Financial Assistance to continue complying with Public Defense Rules or cure any Deficiency must provide the following information:

a. Compliance Plan and Cost Analysis;

b. Compliance attestation required by Section 19-862A, Idaho Code;

c. Itemization of the County's public defense:

i. Expenditures for the prior county fiscal year;

ii. Budget for the current county fiscal year; and

iii. Anticipated budget for the upcoming county fiscal year;

d. Information from Defending Attorneys necessary for the Compliance Plan and application; and

e. Other information requested by PDC Staff or the Commission related to Public Defense Rules or Financial Assistance.

02.Preference. Financial Assistance is subject to the availability of funds, with preference given:

a. First, to counties that need assistance to cure Deficiencies;

b. Second, to counties that need assistance to continue complying with Public Defense Rules; and

c. Third, to counties for other improvements to public defense.

03.Financial Assistance for Workload. The Commission may award Financial Assistance for counties to pay for resources needed to meet the Workload rules in IDAPA 61.01.02, "Requirements and Procedures for Representing Indigent Persons," Subsection 060.05 ("Workload Financial Assistance") of these rules, which is subject to the following additional requirements:

a. Workload Financial Assistance can only be used for attorneys, staff, and other resources to comply with the Workload rules;

b. A county must specifically state in the Financial Assistance application all proposed designated uses for Workload Financial Assistance;

c. A county can only use Workload Financial Assistance for the designated uses approved by the Commission;

d. County responsibility for compliance with the maximum caseload standard is contingent upon the appropriation of state funds as provided in Section 19-862A, Idaho Code, at a level necessary to implement the numeric standard. If Caseload or Workload maximums are being exceeded and the county has timely requested and not received Financial Assistance to pay for resources needed to comply with Caseload or Workload rules, the county's failure to comply with Caseload or Workload rules will not be deemed a Deficiency.

04.Financial Assistance for Joint Offices. The Commission may award additional Financial Assistance to counties that have established a joint office of public defender under Section 19-859(2), Idaho Code.

05.Review. PDC Staff will review county applications for Financial Assistance. The Executive Director or appointed subcommittee of the Commission will make recommendations to the Commission. The Commission will determine the type, terms, and amount of Financial Assistance.

06.Extraordinary Litigation Fund ("ELF"). The Executive Director or the Commission may award Financial Assistance for extraordinary litigation costs necessary for representation in a public defense case when such costs are a financial hardship on the county or when requesting from the court or the county may undermine an Indigent Person's case.

a. Defending Attorney applicants may apply exclusively for prospective litigation costs and any request seeking reimbursement for services already rendered or expenses already paid will be rejected.

b. Counties may request ELF Financial Assistance for reimbursement of extraordinary litigation costs paid and the application may only seek reimbursement for services rendered within the same state fiscal year.

c. Information provided in support of an ELF application is confidential and exempt from the Public Records Act under Section 74-105(18)(b), Idaho Code.

d. The Executive Director will approve or disapprove and will determine the amount of ELF assistance for costs other than attorney fees. The Commission will approve or disapprove and determine the amount of ELF assistance for attorney fees.

07.Independence. Counties applying for Financial Assistance must limit prosecutor involvement in the Financial Assistance process if the involvement may jeopardize the independence of any Defending Attorney or undermine the delivery of public defense.

Idaho Admin. Code r. 61.01.04.020

Effective April 10, 2024 (Temporary)