Administrative Order 99-1: State Appellate Public Defender/Trial Defense Counsel

Whereas the Idaho Legislature has created the office of the State Appellate Public Defender, and

Whereas the State Appellate Public Defender's representation is available for all eligible convictions on or after September 15, 1998, and

Whereas all six counties in the Third Judicial District have agreed to participate in the Capital Crimes Defense Fund, and

Whereas a uniform process for addressing trial defense counsel's and State Appellate Public Defender's role is necessitated,

Now, therefore, it is hereby ordered:

1. Trial defense counsel shall remain appointed counsel to handle post-trial motions, including Rule 35 motions, excepting motions directly related to the appeal such as settlement of transcripts and clerk's records pursuant to I.A.R. 29.

2. The State Appellate Public Defender shall handle appeals from Rule 35 motions.

3. Trial defense counsel shall file notices of appeal delineating the issues and specifying the reporter's transcripts and the clerk's record requested.

4. Trial defense counsel shall file a motion for the appointment of the State Appellate Public Defender along with an appropriate order in the form attached. Trial defense counsel shall provide envelopes for mailing to the State Appellate Public Defender and the defendant.

5. The State Appellate Public Defender shall obtain any necessary initial information from trial defense counsel.

6. State Appellate Public Defender shall handle post-conviction proceedings in capital cases only and appeals from all other post-conviction proceedings.

It is further ordered that the clerks handling appeals in each county shall monitor State Appellate Public Defender cases to see if there is any impact in their workload or in the costs to the counties and to convey any significant impact to the Trial Court Administrator.

Dated this 27th day of April, 1999.

Signed by Sergio A. Gutierrez, Administrative District Judge


 

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