Section 61.01.02.050 - COURT APPOINTMENT OF COMPETENT DEFENDING ATTORNEYSCourts will appoint Defending Attorneys who are competent to represent Indigent Persons as provided in Sections 19-855 and 19-850(1)(a)(vi), Idaho Code, and Subsection 060 of these rules.
01.Appointment in Non-Capital Cases.a. Courts will appoint a Defending Attorney from the Defending Attorney Roster except in extraordinary circumstances where the Court:i. Finds there is good cause to appoint an attorney at public expense who is not on the Roster;ii. Finds the attorney is competent to represent the Indigent Person in the particular case; andiii. Directs the appointed attorney to notify the PDC of the appointment.b. Every attorney appointed under this Subsection 050.01 to represent an Indigent Person at public expense must comply with Subsection 060 of these rules.02.Appointment in Capital Cases.a. In Capital Cases, Courts will:i. Appoint a Defending Attorney from the Capital Defending Attorney Roster to represent an Indigent Person at public expense;ii. Inquire about the Defending Attorney's Workload to ensure compliance with the Public Defense Rules;b. At or before the Initial Appearance in a Capital Case, appoint no less than two (2) qualified Capital Defending Attorneys, one (1) designated lead and the other(s) as co-counsel.03.Conflicts of Interest. A Court shall not appoint a Defending Attorney to any case with a conflict of interest in that case.04.Eligibility. Except as provided in Subsection 050.01.a. of these rules, attorneys who are not approved for inclusion on the applicable Roster are not eligible to represent Indigent Persons at public expense.Idaho Admin. Code r. 61.01.02.050
Effective April 10, 2024 (Temporary)