Idaho Public Defense Commission Core Contract Terms Presentation to the Idaho Association of Counties and Clerks Summer Meeting June 11, 2015

“The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.” Gideon v. Wainwright

The HISTORY OF THE SIXTH AMENDMENT “Even the intelligent and educated layman has small and sometimes no skill in the science of law. … Without [counsel], though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.” - Gideon v. Wainwright Whereas it doth appeaere that any person... may on good grounds, or through mallice or envie be indicted and accused for matters criminal, wherein the person is so [accused] may be innocent, and yett, may not be accomplished with soe much wisdom and knowledge of the law to plead his own innocencye, &c. Rhode Island & Providence Plantations, 1660 Statute

IDAHO 1874 Territorial Criminal Practice Act § 3 : “right to the aid of counsel in every stage of the proceedings and before any further proceedings are had.”

IDAHO 1887 Idaho Revised Statutes “If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel, the court must assign counsel to defend him.”

Idaho Public Defense Commission  Historical Development  2007 ICJC authorized a study of the indigent defense system in Idaho;  The report generated led to the creation of a subcommittee to develop recommendations consistent with the report;  One of those recommendations resulted in a legislative interim committee, which is on it’s third year;  The legislative interim committee recommended legislation creating the Public Defense Commission.

Idaho Public Defense Commission  Members: defined by I.C. §  Chair, Judge Molly Huskey (Idaho Supreme Court)  Darrell Bolz (Juvenile Justice Commission)  Representative Christy Perry  Kimber Ricks (IAC-Madison County Comm.)  Sara Thomas, (SAPD)  Bill Wellman (Defending Attorney)  Senator Chuck Winder

Idaho Public Defense Commission  Staff  Ian H. Thomson, Executive Director 816 W. Bannock Street, Suite 201 Boise, ID  Nichole Devaney, Administrative Assistant

Idaho Public Defense Commission  Created in 2014  First meeting in August 2014  Hired an executive director in October, 2014  Identified initial priorities:  Drafting Model Contract Terms for Comments from both Public Defenders and County Commissioners  Conducting Public Defender Trainings  Educating legislators, Commissioners, other stakeholders regarding Indigent Defense

Idaho Public Defense Commission  Statutory Authority § (1) The state public defense commission shall: (a) Promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, establishing the following: (i) Training and continuing legal education requirements for defending attorneys, which shall promote competency and consistency in case types including, but not limited to, criminal, juvenile, abuse and neglect, post-conviction, civil commitment, capital and civil contempt; and (ii) Uniform data reporting requirements for the annual reports submitted pursuant to section , Idaho Code. The data reported shall include caseload, workload and expenditures.

Idaho Public Defense Commission  § (1) (b) On or before January 20, 2015, and by January 20 of each year thereafter as deemed necessary by the commission, make recommendations to the Idaho legislature for legislation on public defense system issues including, but not limited to: (i) Core requirements for contracts between counties and private attorneys for the provision of indigent defense services and proposed model contracts for counties to use; (ii) Qualifications and experience standards for the public defender and defending attorneys; (iii) Enforcement mechanisms; and (iv) Funding issues including, but not limited to: 1. Training and continuing legal education for defending attorneys; 2. Data collection and reporting efforts; and 3. Conflict cases. (c) Hold at least one (1) meeting in each calendar quarter.

Proposed Core Contract Terms  Case Types  Reports and Inspections  Record Keeping  Performance Expectations  ABA Ten Principles  NLADA Performance Guidelines & Performance Requirements  Training Requirements  Experience Requirements (by case type)  Definitions

Idaho Public Defense Commission  Have not yet established Core Contract Terms for: 1. Caseload / Workload Standards 2. Establishing Conflict Processes 3. Compensation 4. Attorney Expenses, including investigative, laboratory, legal/litigation experts, and interpreter services 5. Default Provisions

Idaho Public Defense Commission Other Tasks 1. Rules for disseminating the trustee funds; 2. Selection of (training) scholarship recipients; 3. Data reporting.

Core Contract Terms  How they were developed;  What they are designed to do; and,  How they are to be used

Core Contract Terms – Development  Subcommittee: me, Bill Wellman and Commissioner Kimber Ricks  Information gathering, reviewing what other states have done  Selecting, copying, re-drafting the various provisions that we thought best fit what Idaho needs

Core Contract Terms - Purpose  The Core Contract Terms represent:  Best practices;  Adherence to the Sixth Amendment requirements;  Compliance with the ABA Ten Principles;  Protection for Counties, defending attorneys, and defendants;  Reflect the nationwide perception change regarding the role of defense counsel.

Core Contract Terms – How to Use Them  Initially  Menu options, pick and choose what best works for your county;  The more you choose, the greater level of performance and protection but also, greater cost.  Long Term  The PDC will be recommending Core Contract Terms be enacted through legislation  Need your feedback on what works, what doesn’t work, suggestions, ideas, etc.

Comments and Suggestions