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Indigent Defense Commission asks for $400,000 ongoing to expand appellate representation

2161593 · January 29, 2025
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Summary

Sen. Wyler and the Indigent Defense Commission asked the subcommittee for $400,000 ongoing (and an optional one‑time $400,000 if year‑end funds are available) to expand appellate counsel capacity for indigent criminal appeals, citing backlog and constitutional fairness concerns in rural areas.

Senator Wyler briefed the subcommittee on an appropriation request to expand appellate representation provided by the Indigent Defense Commission (IDC). He said the IDC, created in 2016 to improve public defense statewide, was later given appellate responsibilities in 2020 and now requires additional capacity.

Wyler said rural public defenders historically handled appeals themselves after trial, but that specialized appellate counsel is needed to reduce delays and the number of extension requests in the Court of Appeals. The request is for $400,000 ongoing to hire additional appellate attorneys and support staff; Wyler said the request would affect roughly 19 cases per year and that an additional $400,000 one‑time would be useful if current fiscal year funds are available.

Committee members asked whether investing in appellate counsel would reduce downstream incarceration costs because fewer defendants might be held longer while appeals are pending. Wyler and members noted complexities in gauging prison cost savings per inmate. The IDC said the primary purpose of the funding is to reduce backlog, ensure skilled appellate advocacy and reduce delays in cases that carry constitutional stakes.