Grant funds 8 more lawyers for public defender

More public defenders will be available to represent indigent clients in Kootenai County’s First District Court thanks to a $1.57 million state grant for the upcoming fiscal year.

The money will be used to hire eight lawyers and three administrative staffers to the county public defender’s office, bringing the number of personnel to 52.

The Legislature allocated the funding based on a study that showed public defender offices and contracted public defenders across the state were struggling under demanding workloads. The result: Too few attorneys attempting to manage time constraints at the cost of adequate representation.

“We have an obligation under the Constitution to represent our clients in a very effective fashion,” Kootenai County Public Defender Anne Taylor said. “This will allow us more time to do that.”

Commissioners learned of the grant award this month, which will be distributed by Oct. 1 for the upcoming fiscal year.

“It will enable us to hire at least eight attorneys,” Chris Fillios, commission chairman said. “Basically it comes down to where they perceive to be in terms of equitable public defense.”

Idaho was among states sued by the American Civil Liberties Union in 2014, alleging statewide deficiencies in the public defense system.

Even before that, the National Legal Aid and Defender Association released a study showing Idaho failed to provide the level of representation required for defendants who couldn’t afford attorneys. A legal defense for an accused person is a Constitutional obligation.

In response, the Legislature created the Idaho Public Defense Commission to serve under the governor’s office in an effort to improve indigent defense services in the state.

The commission adopted caseload standards for full-time public defenders. Under the standards, a defense attorney should not have more than 210 felony cases annually, 520 misdemeanor cases, 232 juvenile cases, 105 child protection and 608 civil-contempt cases.

Supervisory duties and the complexity of cases are also taken into account when considering workload, Kathleen Elliott, executive director of the commission said.

“Those things all need to be considered,” Elliott said. “That’s why it’s called workload, because you’re looking at all the facts.”

Kootenai County is one of 14 in the state with a public defender’s office. Other counties contract with attorneys to represent indigent clients.

The latest grant will mean defense attorneys from the public defender’s office will have more time to meet with clients, which will result in a higher level of preparation,

“It will be very, very beneficial to the clients we serve,” Taylor said.

Although the money is expected to hit county coffers within six weeks, it could take a while to hire eight additional attorneys, Taylor said.

“That’s the target,” she said. “It’s a process to get that many people hired.”