(1) The position of state public defender is hereby created within the public defense commission. The state public defender shall be appointed by the governor, following the process established in the state public defender act, with the advice and consent of the senate. The position of state public defender is a separate position from the executive director of the public defense commission.
(2)  The state public defender must meet the following qualifications on the effective date of appointment:
(a)  Be at least thirty (30) years of age;
(b)  Be a citizen of the United States;
(c)  Have held a license to practice law or a judicial office in one (1) or more jurisdictions of the United States for at least five (5) years continuously immediately preceding the appointment;
(d)  Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter; and
(e)  Have at least five (5) years of criminal defense experience.
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Terms Used In Idaho Code 19-850A

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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 public defender shall prepare for the creation of the office of the state public defender. The state public defender shall have the authority to:
(a)  Develop uniform contracts for defending attorneys, experts, investigators, stenographers, paralegals, assistants, and other support staff;
(b)  Procure office facilities;
(c)  Identify and procure a statewide case management system;
(d)  As resources are available to the state public defender, aid counties in providing indigent defense services in capital cases or other complex cases;
(e)  Take steps to hire personnel for the office of the state public defender; and
(f)  Establish policies and procedures for the operation of the office of the state public defender.
(4)  The public defense commission shall be abolished on July 1, 2024. The administrative rules of the public defense commission shall not expire through the transition until October 1, 2024.