Changes coming to public defense in Idaho

Public defense in Idaho is going to operate differently for attorneys who represent individuals who can’t afford their own counselor.

Starting Oct. 1, public defense will be paid for and coordinated through the State Public Defender. In the current system, counties collect property taxes to fund public defenders within their borders; in the new system, the money for public defense comes from the general and dedicated funds from the state. The prosecutor’s offices will remain funded by the counties.

The State Public Defender has $49 million for fiscal year 2025 that starts Oct. 1. If the State Public Defender runs out of money, it can ask the Idaho Legislature for supplemental funds.

Even though this will be the first year of the State Public Defender, the office looked at the cost of public defense at the county level to determine what it will cost the state. The process has been ongoing for several years, said Patrick Orr, director of communications for the State Public Defender.

“We’re going to learn a lot this year,” Orr said. “We used all that historical information to get that budget.”

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