(1) Subject to the provisions of subsection (2) of this section, the state appellate public defender, upon appointment by the court, shall provide representation for indigent defendants in the following cases:
(a)  Appeals from convictions or post-judgment orders in district court;
(b)  Interlocutory criminal appeals from district court;
(c)  Appeals from the district court of misdemeanor cases;
(d)  Appeals from the district court of orders or final judgments affecting a juvenile offender under the juvenile corrections act, chapter 5, title 20, Idaho Code;
(e)  Appeals from the district court in post-conviction relief proceedings brought pursuant to the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code;
(f)  Appeals from the district court in habeas corpus proceedings brought pursuant to chapter 42, title 19, Idaho Code; and
(g)  Post-conviction relief proceedings in district court in capital cases.
(2)  The services of the state appellate public defender shall be available only to those counties participating in the capital crimes defense fund established pursuant to section 19-5908, Idaho Code.
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Terms Used In Idaho Code 19-5905

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Contract: A legal written agreement that becomes binding when signed.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3)  The state appellate public defender may employ deputy state appellate public defenders and other employees necessary to carry out the responsibilities of the office. A deputy state appellate public defender must be licensed to practice law in the state of Idaho and possess any other qualifications required by the state appellate public defender. The state appellate public defender shall fix the compensation of all employees of the office and they shall serve at his pleasure.
(4)  The state appellate public defender, deputy state appellate public defenders, and all employees of the office of the state appellate public defender shall be nonclassified employees pursuant to section 67-5303, Idaho Code.
(5)  The state appellate public defender, in his discretion, may contract with private attorneys to provide representation on a case-by-case basis when such contracts would conserve budgetary resources.
(6)  The state appellate public defender shall have any and all other powers and duties necessary to carry out the purposes of this chapter.