JFAC approves $8.69 million in State Public Defender supplementals and $32.38 million FY26 enhancements amid transition concerns

The Joint Finance‑Appropriations Committee on March 24 approved several supplemental appropriations and a larger FY2026 enhancement package for the Office of the State Public Defender, actions the committee framed as funding and operational adjustments tied to a recent Idaho Supreme Court ruling and the statewide transition of indigent defense responsibilities.

What the committee approved - Child Protective Act alignment: The committee approved a one‑time addition of $2,500,000 from the Public Defense Fund to align appropriations with a cash transfer authorized under Idaho Code section referenced in the transcript. The motion, moved by Representative Manwaring and seconded by Senator Cook, passed on combined roll calls (8 Senate ayes/2 nays; 7 House ayes/3 nays) for a total of 15 ayes and 5 nays. The committee recorded the due‑pass recommendation.

- Transcript costs: Following an Idaho Supreme Court decision in State v. Blasek, which the analysts said requires the State of Idaho to pay all transcript costs effective in the current fiscal year, the committee approved $390,200 one‑time from the general fund to cover court‑ordered transcripts and appeals. That supplemental passed unanimously (20 ayes, 0 nays).

- Personnel and contracting (current fiscal year): The committee approved a one‑time supplement of $3,799,900 from the general fund to increase state employee salaries and raise the contracted attorney rate for the remainder of the fiscal year. The approved contract rate for ongoing purposes is reflected elsewhere as an ongoing $125 per hour standard; the one‑time package reduced the governor’s request and landed at the amounts the committee adopted. The motion passed on a combined roll call (13 ayes, 7 nays).

- FY2026 enhancements: The committee also approved a broad enhancement package beginning in fiscal year 2026 totaling $32,382,100 (including $31,082,100 from the general fund and $1,300,000 from dedicated funds) and adding 17.96 FTE. The enhancements cover the Child Protective Act alignment on an ongoing basis, operating budget increases for contracted work, new institutional offices (Benewah, Elmore, Jerome, Shoshone) and onboarding costs, increased ongoing personnel costs, and an ongoing increase to contracted attorney rates to $125/hour. The motion was moved by Representative Van Wery and seconded; the combined roll call shows the motion passed with 12 ayes and 8 nays across the two committees. Committee staff said the enacted package sits between the agency’s original request and the governor’s recommendation.

Why the funding was requested Legislative Services Office analyst Christopher LaHozette told the committee that several items trace to late information, including a court ruling (State v. Blasek) that created new transcript obligations, and to effects of the recent statutory creation of the State Public Defender (Title 19, Chapter 60, Section 3 of Idaho Code), which assigned the state responsibility for indigent defense. Committee members and the agency cited difficulties in staffing, contract attorney availability, and operational transition as drivers of the supplemental and enhancement requests.

Debate and concerns Representative Manwaring, who moved several of the public‑defender motions, told the committee the contract rate increase to $125 per hour was intended to bring contract attorneys back after many declined work at prior rates. He said the agency initially requested $150/hour and the committee landed at $125 to balance attorney availability and fiscal considerations. Manwaring also referenced pending policy legislation (the transcript cites Senate Bill 1181) that would create reporting requirements and a transition analysis to measure cost effectiveness of shifting contracted services to state employees.

Representative Miller voiced concerns about the rollout of the statewide transition, county relationships, and facility arrangements, saying some counties had not received memoranda of understanding and that communications with counties were inconsistent. Miller said he would vote against some motions, citing management and planning concerns.

Representative Manwaring said the policy bill contains a transition schedule for in‑office transfers and tightened language on when judges can appoint counsel, and he described steps intended to improve local coordination and district‑level decision making.

Next steps and implementation Committee staff described the supplemental approvals for transcript costs and Child Protective Act alignment as resulting from legal and fiscal changes that require immediate funding. The ongoing enhancements will be incorporated in the FY2026 baseline and will require the Office of the State Public Defender to onboard personnel and manage both state and contracted defense rosters. The committee approved funding and forwarded due‑pass recommendations for the supplementals and the FY2026 enhancements.