Conflict attorneys get raise

COEUR d’ALENE — Kootenai County commissioners voted unanimously this week to raise wages for the attorneys who step in when public defenders can’t take a case.

A conflict attorney is a private attorney assigned to handle the case of an indigent defendant who can’t be represented by the public defender due to conflict of interest or due to the public defender’s excessive caseload.

Commissioners approved an increase of $383,000, a figure based on the hours worked by conflict attorneys during fiscal year 2022. The public defender budget for fiscal year 2023 is $3.8 million.

The new rate for conflict attorneys will be $150 an hour. Paralegals will also get a raise from $35 to $50 per hour.

Because the new rates were not finalized in time for the annual budget process, the money will come from the county’s fund balance this year.

Previously, conflict attorneys were paid between $95 and $110 per hour, depending on the case’s type and complexity. The fair market rate for felony-level criminal defense in North Idaho is between $250 and $350 per hour.

“The feedback we’ve gotten from the team is they’re overworked and underpaid,” attorney Scot Nass told commissioners.

Conflict attorney Safa Riadh said as much last week, when he addressed commissioners during the weekly business meeting.

Under the previous rate, Riadh said attorneys earned $95 an hour to work murder cases and had access to fewer resources than public defenders.

“I believe in indigent defense,” Riadh said. “At the same time, I believe our work should be valued.”

Nass estimated that conflict attorneys handle between 10% and 14% of all cases involving indigent defendants in Kootenai County.