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June 18, 2015

New ACLU lawsuit assails public defender system in Idaho

This new AP piece, headlined "ACLU Sues Idaho in Push to Improve Public Defender System," reports on a notable new civil rights lawsuit in the Gem State. Here are the details:

A national civil liberties group has brought its fight to overhaul the criminal defense system for low-income defendants to Idaho with a lawsuit that says the state hasn't done enough to make sure poor people are being fairly represented.

The American Civil Liberties Union contends state officials have known for several years that overwhelming case loads, underfunded budgets and a patchwork system that varies county by county prevent defendants from receiving adequate legal representation guaranteed by the U.S. Constitution.

Idaho officials, including the governor and attorney general, declined to comment Wednesday on a case that continues a national push for the ACLU....

The organization has brought similar lawsuits in several states recently, reaching settlements in New York and Washington after the U.S. Justice Department intervened on the ACLU's behalf and state officials agreed to sweeping reforms.

The Idaho case names four plaintiffs who say they've spent months in jail without speaking to their court-appointed attorneys or that their cases weren't properly reviewed, and the organization is seeking class-action status so the case will apply to all low-income defendants in the state.  The filing asks a state judge to order Idaho officials to implement a better system....

Lawmakers and a special Criminal Justice Commission have examined the issue, but the ACLU says meaningful changes haven't been made.  For their part, legislators created the Idaho Public Defense Commission last year.  Members have been asked to create standards, training programs and a data collection system and to keep lawmakers informed about any problems.  The ACLU says that's not enough. "Astoundingly, the State failed yet again in the recently concluded 2015 legislative session to fund or improve its public-defense system," ACLU-Idaho attorney Ritchie Eppink wrote in the lawsuit.

Members of the Public Defense Commission were named as defendants in the lawsuit, along with Republican Gov. C.L. "Butch" Otter and the state.  Ian Thompson, the commission's executive director, declined to comment on the case, though he said members will discuss it during a meeting Thursday.

A copy of the ACLU lawsuit can be accessed at this link via the ACLU website.

June 18, 2015 at 08:32 AM | Permalink

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