Administrative
Order 09-11: Legal
Services for Indigent Persons in Canyon
County
Whereas,
pursuant to Article I, Section 13 of the Constitution of the State of Idaho and
Idaho Code section 19-852, needy persons accused of crimes are entitled to be represented
by counsel at all stages of a criminal matter; and
Whereas,
the courts, through their various judges, after making a determination pursuant
to Idaho Code section 19-854 that certain defendants with criminal charges
pending and other persons with civil or quasi-criminal cases pending cannot afford
to pay for legal services are charged with ensuring that such persons have
adequate legal representation; and
Whereas,
pursuant to Idaho Code section 19-859, the board of county commissioners of
each county is charged with providing for representation of such needy persons;
and
Whereas,
pursuant to Idaho Code section 19-859 and an agreement between Canyon County
and Wiebe & Fouser, P.A., Klaus Wiebe and Scott E. Fouser, the court has,
since 1997, appointed the law firm of Wiebe & Fouser, P.A. to provide legal
representation to indigent persons; and
Whereas,
the Canyon County Board of Commissioners, by letter dated April 6, 2009,
notified the law firm of Wiebe & Fouser, P.A. that the Board was
terminating the above-referenced contract effective July 31, 2009; and
Whereas,
it appearing to the court that as of August 4, 2009 the law firm of Wiebe &
Fouser, P.A. is no longer providing legal representation to the
above-referenced indigent persons; and
Whereas,
it also appearing to the court that the law firm of Wiebe & Fouser, P.A.
has not moved for leave to withdraw as counsel pursuant to Idaho Criminal Rule
44.1 in all pending cases in which it has undertaken to provide legal
representation for indigent persons; and
Whereas,
pursuant to its obligations under Idaho Code section 19-859, the Canyon County
Board of Commissioners has taken action to continue the provision of legal
services for indigent persons in Canyon County by identifying Mark Mimura,
Attorney at Law, as the person who will assume the duties of providing legal
services to the above-referenced persons, but the court having been informed
that Mr. Mimura’s contract with Canyon County does not begin until
October 1, 2009;
Therefore,
pursuant to Idaho Code section 19-856, the District Court finds that good cause
exists to assign the above-referenced indigent persons a substitute attorney.
Therefore
it is Hereby Ordered, Adjudged, and Decreed that Mark Mimura, Attorney at Law,
or his attorney-designee, is appointed to represent the above-referenced
indigent persons as the assigned substitute attorney, unless the court
hereafter determines in any particular case that a transfer to a new attorney
will jeopardize the defendant’s right to counsel and right to a fair
trial; and
It
is Further Ordered that said substitute attorney shall receive reasonable
compensation, which the court deems is at the rate of $70.00 per hour, and that
the expenses necessarily incurred by the substitute attorney in the defense of
the these indigent persons shall be reimbursed by the Canyon County Board of
Commissioners.
Dated this 4th day of August, 2009.
Signed by Juneal
C. Kerrick, Administrative District Judge
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