Legislature approves multimillion-dollar supplementals, enhancements for Idaho State Public Defender

The Joint Finance-Appropriations Committee on March 24 approved a set of supplemental appropriations and a larger enhancement package to expand funding and staff for the Office of the State Public Defender.

The committee approved a one‑time supplemental of $2,500,000 from the Public Defense Fund to align the Child Protective Act appropriation with available cash transfers; a one‑time general‑fund supplemental of $390,200 to cover court‑ordered transcript costs after an Idaho Supreme Court ruling; and a one‑time general‑fund supplemental of $3,799,900 to raise contracted attorney compensation and cover personnel and contracting costs in the current fiscal year. The committee later approved a set of FY2026 enhancements that together add roughly $32.38 million and 17.96 full‑time equivalents for ongoing staffing, facility onboarding and higher contracted‑attorney rates.

Why it matters: the state recently assumed new public defense responsibilities and the funding changes are intended both to comply with a court ruling on transcript costs and to address shortages of qualified contract counsel and staff needed to meet constitutional obligations for indigent defense.

Most important actions and outcomes - Child Protective Act alignment supplemental: motion passed (15 ayes, 5 nays). The committee moved $2,500,000 in one‑time funding from the Public Defense Fund to align appropriation authority with cash transfers earmarked for CPA representation. (Motion passed; recorded as "due pass"). - Transcript costs supplemental: motion passed unanimously (20 ayes, 0 nays). The committee approved $390,200 one‑time from the general fund to pay court‑ordered transcripts after State v. Blasek. - Personnel and contracting supplemental: motion passed (13 ayes, 7 nays). The committee approved $3,799,900 one‑time from the general fund to increase state employee salaries and raise contracted‑attorney pay for the remainder of the fiscal year; the motion reduced the governor's recommendation and set a $125 hourly contracted rate for the remainder of FY2025. - FY2026 enhancement package: motion passed (12 ayes, 8 nays). The package adds ongoing funding for operating and contracting costs, 17.96 FTE for new district offices (Benewah, Elmore, Jerome and Shoshone counties), additional transcript funding, and a $125/hour contracted‑attorney standard rate in the ongoing budget. The motion also contains a net‑zero $1.2 million fund shift from the Public Defense Fund to the general fund for certain line items.

Discussion and context Representative Manwaring, who moved several items, framed the changes as necessary to restore counsel capacity after the state's takeover of public defense and to attract contract attorneys back into the work. "Public defense is an essential government service and we have to pay for it," Manwaring said during debate.

Several legislators voiced procedural and policy concerns. Representative Miller raised objections to the manner of the state's transition from county to state public‑defense responsibility, citing county facility, communications and staffing problems and saying, "I don't believe it has been done, and I'm afraid that that won't be the case with either this bill or the motion or the 1 to follow. So I'll be a no vote on both of these motions." Other members pressed for oversight and reporting language tied to a pending policy bill (Senate Bill 1181 in the transcript) that would require analysis of cost‑effectiveness for contracting versus state employment and direct consultation with district public defenders and county commissioners.

Contract rates and staffing The committee reduced the agency's requested immediate contracted rate increase (the agency had asked for $150/hour) and approved a supplemental that raises the interim contract rate to $125/hour for the remainder of FY2025; the FY2026 enhancement bundle implements the $125/hr rate on an ongoing basis. Committee discussion noted the goal of returning experienced attorneys to contract work while examining whether longer‑term savings or service improvements could come from converting some contracted work to state employees.

Implementation and next steps The public‑defender appropriations include both one‑time and ongoing components and several items tied to pending policy language. Committee members and staff said they expect additional reporting and transition planning in the interim and that the FY2026 package will shape staffing and contracting decisions for the next biennium.

Ending The committee recorded final roll calls for each motion and issued due‑pass recommendations for the supplementals and the enhancement package; the measures will proceed through the legislative process for final enactment and implementation.