(1) There is hereby created in the department of self-governing agencies the state public defense commission. The commission shall consist of nine (9) members as follows:
(a)  Two (2) representatives from the state legislature that shall include one (1) member from the senate and one (1) member from the house of representatives;
(b)  One (1) representative appointed by the chief justice of the Idaho supreme court; and
(c)  Six (6) representatives appointed by the governor and confirmed by the senate as follows:
(i)   Two (2) representatives from the Idaho association of counties;
(ii)  Two (2) representatives who have experience as a defending attorney;
(iii) One (1) representative from the office of the state appellate public defender; and
(iv)  One (1) representative from the Idaho juvenile justice commission.
(2)  No individual who is currently employed as a prosecuting attorney or who is a current employee of a law enforcement agency may be a member of the commission.
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Terms Used In Idaho Code 19-849

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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 members of the commission shall serve the following terms:
(a)  The gubernatorial appointees shall serve terms of three (3) years.
(b)  The representative appointed by the chief justice of the Idaho supreme court shall serve a term of two (2) years.
(c)  The representatives from the state legislature shall serve terms of two (2) years as appointed by the president pro tempore of the senate and speaker of the house of representatives during their legislative terms of office.
(4)  A vacancy on the commission shall be filled in the same manner as the original appointment and for the balance of the unexpired term.
(5)  The commission shall appoint a chairman and a vice chairman from among its members for a term certain.
(6)  The members of the commission shall be compensated as provided for in section 59-509(b), Idaho Code.