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State Appellate Public Defender asks for deputy attorney to reduce contracting costs
Summary
At a Joint Finance-Appropriations Committee hearing, the State Appellate Public Defender described a rising caseload and asked for funding and a new deputy attorney position that officials said would save money versus continued reliance on outside counsel.
Christopher Lahoset, a budget and policy analyst with the Legislative Services Office, told the Joint Finance-Appropriations Committee that the Office of the State Appellate Public Defender is requesting funding for an additional deputy attorney and authorization to reappropriate remaining one-time funds tied to an earlier supplemental.
The request would create a deputy state appellate public defender position to take non‑capital felony, misdemeanor and juvenile district and post‑conviction appeals. Lahoset said the office estimated contracting overflow cases would cost outside law firms about $254,000 per year, while hiring an in‑state attorney at an estimated $140,000 salary would yield cost savings.
The agency has 26 authorized full‑time positions and — per Lahoset’s presentation — reported no vacancies as of Dec. 15. Lahoset also noted the legislature approved a one‑time supplemental in 2023 of $1,309,400 to cover an influx of cases; much of that money was reappropriated and is not part of the base budget.
Eric Leightonen, director of the State Appellate Public Defender, told the committee the office has seen a “significant increase” in caseload since the pandemic and that hiring and turnover created an additional strain. Leightonen said the office’s caseload for the year is about 650 appeals and that adding a thirteenth attorney to the appellate unit would allow the in‑house workload to be distributed by experience and complexity.
Leightonen also confirmed the office uses outside counsel for conflict cases and for overflow. He told the committee the office has earmarked about $200,000 annually for conflict counsel and that overflow contracting has been used when salary savings allow, but that contracting is “more expensive” and sometimes crosses fiscal years, complicating budgeting. He said roughly 14 overflow cases were contracted out in the last year and a half.
Committee members asked about turnover, staffing and how the new position would change responsibilities. Leightonen said the office tailors case assignments to attorney experience and uses in‑house cases for training. He also noted the office had recently been fully staffed but expected upcoming departures.
The agency did not present a formal motion or vote during the hearing; the presentation ended with the analyst and director taking committee questions.
Why it matters: The appellate office is a central part of Idaho’s public defense system for appeals. Committee members were shown a narrow choice between expanding in‑house capacity and continuing to pay higher fees to outside firms for overflow cases.
The committee hearing included questions on caseload drivers, contracting versus hiring and the status of one‑time funds reappropriated from a 2023 supplemental.
The State Appellate Public Defender presentation concluded with the agency asking the committee to consider the governor’s request to fund the position and the reappropriation.
