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New State Public Defender office asks legislature for millions to staff statewide system

2351219 · January 28, 2025
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Summary

The newly created Idaho State Public Defender described implementation costs, requested supplemental and ongoing funding, and sought appropriation authority tied to a $39 million cash transfer into the new dedicated fund.

Christopher Lahoset of the Legislative Services Office presented the budget outline for the new State Public Defender, saying the office was established in “title 19 chapter 60 section 3 of Idaho Code” and that the agency carries out statewide oversight of indigent defense services. Lahoset said the office has 29 vacant positions and a personnel budget of about $37.7 million; after implementing new enhancements the office’s base appropriation was just under $49 million and total current‑year appropriation was reported at about $52,000,015.

Lahoset explained a central funding mechanism: a $39 million transfer from the tax relief fund to a dedicated state public defense fund (cited as “section 57, 8 20 7 of Idaho code” during the presentation). He said about two‑thirds of the agency’s budget is funded from that dedicated fund and that agencies need both cash and legislative appropriation to spend transferred funds. The agency asked for a one‑time supplemental of $2.5 million in the current fiscal year to fully utilize the $39 million cash transfer; the analyst said that $2.5 million of appropriation was omitted from the appropriation bill last year and the supplemental would allow the agency to spend the transferred monies.

Lahoset listed other requests: a one‑time supplemental of $390,200 for transcript costs following an Idaho Supreme Court decision on transcript payment (State v. Blasick), a one‑time supplemental of $5,427,600 for additional personnel and contract costs for the current fiscal year, ongoing requests of $2.5 million to utilize the dedicated fund in FY26, and a governor recommendation to shift ongoing general fund appropriation onto the dedicated fund contingent on legislation.

Eric Frederickson, the State Public Defender, described the agency’s transition and operational challenges since its Oct. 1 start. “We walked into 1,300 withdrawals and cases,” Frederickson said, and he told the committee the office had to triage matters while district defenders and the director covered courtroom work. Frederickson said prior county flat‑fee contracts were “unethical” and “unconstitutional” and that the office is raising contract rates and recruiting staff to equalize representation statewide. He identified capital litigation, experts, and evaluations as major cost drivers and said counties must continue to provide facilities under statute until 2029.

Committee members pressed for detail on “miscellaneous expenditures,” expert costs (for example, psychosexual evaluations estimated at about $2,500 each), timelines for onboarding counties into the statewide system, and whether the supplemental funds could realistically be spent before fiscal year end. Frederickson said the office’s goal is to spend any one‑time supplement in the current fiscal year but noted implementation is complex and evolving. No formal committee vote was recorded at the hearing.