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Saturday, 30th January 2010

Idaho's Failing Indigent Defense System Detailed in New Report

Idaho's Failing Indigent Defense System Detailed in New Report
Source: National Legal Aid & Defender Association (NLADA)

The National Legal Aid & Defender Association (NLADA) released a groundbreaking report today that found that the state of Idaho fails to provide the level of representation required by our Constitution for those who cannot afford counsel in its criminal and juvenile courts. The report, The Guarantee of Counsel: Advocacy & Due Process in Idaho’s Trial Courts, details the lack of uniformity from one county to the next regarding who qualifies for a public defender, giving rise to the notion that justice in Idaho may very well depend on what side of a county line one’s crime is alleged to have been committed.
...
The report, one in a line of NLADA reports that focuses on statewide reform of criminal justice systems, points to the practice of delegating to each county the responsibility to provide counsel at the trial level without any state funding or oversight. By doing so, the report states, Idaho sews a patchwork quilt of underfunded, inconsistent systems that vary greatly in defining who qualifies for services and in the level of competency of the services rendered. While the report also shows admirable qualities of some of the county indigent defense services, NLADA found that none of the public defender systems in the sample counties were constitutionally adequate.

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