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State Appellate Public Defender asks for new deputy attorney to curb contract overflow
Summary
The State Appellate Public Defender told the Joint Finance-Appropriations Committee the office is fully staffed but handling a sustained caseload increase and seeks one additional deputy appellate public defender to reduce contracting costs and absorb overflow cases.
The State Appellate Public Defender requested funding for a new deputy appellate public defender during a Jan. budget hearing before the Idaho Joint Finance-Appropriations Committee. Christopher Lahoset, budget and policy analyst with the Legislative Services Office, presented office staffing and budget data; Eric Leighton, director of the Appellate Public Defender, answered committee questions about workload and contracting.
The request would add a thirteenth appellate attorney to handle non‑capital felony, misdemeanor and juvenile district and post‑conviction appeals. Leighton said the office currently estimates roughly 650 appellate cases for the fiscal year and that hiring an in‑house attorney (estimated at about a $140,000 salary) would be less expensive long term than paying outside contract counsel. "We always have to contract out cases that are a conflict of interest...and we have funds earmarked for that purpose, about $200,000 a year," Leighton said, adding the office also contracts out overflow cases when needed.
Why it matters: roughly 85% of the appellate office's expenditures historically go to personnel; sustained post‑pandemic caseload growth and earlier one‑time supplements to cover case surges have strained planning. Lahoset told the committee the legislature provided a one‑time supplemental in 2023 of $1,309,400 to address a large influx of cases; about $1,259,000 remained reappropriated for later years as of the hearing. Leighton said contracting out overflow cases has been imperfect—more expensive and subject to fiscal‑year accounting challenges—and that about 14 cases were contracted out over the last 18 months.
Committee members pressed on whether adding the position would change case assignments and on whether savings from reduced contracting would materialize. Leighton described internal case assignment practices: attorneys' caseloads are calibrated to experience level, with complex first‑degree matters handled by more senior attorneys; adding an experienced attorney would share the overall caseload. The committee did not take a formal vote during the hearing.
The office concluded by thanking the committee and expressing hope legislators would approve the governor's request to support continued appellate representation.
