JFAC approves multiple supplementals and enhancements for State Public Defender, including rate increase for contract attorneys

The Joint Finance-Appropriations Committee on March 24 approved multiple supplemental appropriations and a larger fiscal‑year 2026 enhancement package for the Office of the State Public Defender, moves that follow recent court guidance and legislative work on public defense operations.

Christopher Lahoset, a Legislative Services Office analyst, walked members through supplementals affecting the office. Representative Manwaring moved and the committee approved a $2,500,000 one-time alignment to the Child Protective Act appropriation from the Public Defense Fund to match cash transfers authorized under Idaho Code (transcript cited section 57 8 11). The motion passed on a combined committee vote of 15 ayes and 5 nays.

The committee also approved a one-time addition of $390,200 from the general fund to cover court-ordered transcript costs after the Idaho Supreme Court’s decision in State v. Blasek, which the analyst said makes the state responsible for those transcript costs. That motion passed unanimously, 20–0.

A third supplemental — $3,799,900 one-time from the general fund — covers additional personnel and contracting costs in FY2025, including increasing contracted attorney rates temporarily to $125 an hour for the remainder of the fiscal year (reduced from an initial request of $150). That motion passed with a combined total of 13 ayes and 7 nays.

The committee then approved a FY2026 enhancement package that adds $31,082,100 from the general fund and $1,300,000 from dedicated funds (total $32,382,100) and 17.96 FTE. Enhancements included aligning the Child Protective Act appropriation in future years, increased operating funding for contracted services and capital litigation costs, office staffing for new institutional offices, ongoing transcript cost funding, increased personnel and contracting (including setting the ongoing contracted-attorney standard rate at $125/hour), and a net‑zero internal fund shift tied to CEC personnel costs. Representative Manwaring, who spoke in support, said the rate increase was intended to recruit contracted attorneys back into assignments; Representative Miller and others voiced concerns about county communication during the transition to state-managed public defense.

Roll-call tallies recorded in the transcript: Child Protective Act alignment passed 15–5 combined; transcript-cost supplemental passed 20–0; the $3.8 million supplemental passed 13–7 combined; the FY2026 enhancement package passed 12–8 combined. Committee staff and legislators noted outstanding operational issues with transitioning offices, memoranda of understanding with counties, and a pending policy bill (Senate Bill 1181) that would add reporting and procedural requirements.