Idaho State Appellate Public Defender

    The Idaho State Appellate Public Defender has created this web site in an effort to provide the public with information about the services offered by the SAPD, and to provide ready access to information, and tools for use by criminal defense professionals in the State of Idaho.      

Our Mission

    The mission of the SAPD is embodied by the legislative intent articulated in Idaho Code section 19-868, which states:

The legislature recognizes that, the cost of legal representation of indigent defendants upon the appeal of their criminal convictions, particularly convictions for first degree murder, is an extraordinary burden on the counties of this state. In order to reduce this burden, provide competent counsel but avoid paying high hourly rates to independent counsel to represent indigent defendants in appellate proceedings, the legislature hereby creates the office of the state appellate public defender.

Scope of Work

Capital Litigation Unit

    The Capital Litigation Unit (CLU) of the SAPD represents all indigent defendants sentenced to death on or after September 1, 1998, from a county that participates in the Capital Crimes Defense Fund. I.C. § 19-870(1)(d), (2). Representation is permitted outside this time frame only if the SAPD accepted special appointment prior to March 1, 1999. I.C. § 19-870(1)(d).  The unit represents its clients during post-conviction proceedings in district court, and in appeals from both the judgment of conviction and any post-conviction orders.   Representation terminates upon completion of state appellate review.  The CLU currently represents six inmates on Idaho’s death row.

 Appellate Unit

    The Appellate Unit of the SAPD represents indigent citizens in state appeals when the appeal is taken from:

        1) felony convictions in district court in non-death penalty cases;

        2) orders denying post-conviction relief in felony, non-death penalty cases; and

        3) orders denying habeas corpus relief. I.C. §19-870(2)(a-c). 

These services are available to all counties participating in the Capital Crimes Defense Fund.  I.C. §19-870(2).  Like the Capital Litigation Unit, representation terminates upon completion of state appellate review.

Criminal Justice Administration

    In addition to the case related duties of the State Appellate Public Defender's office, the State Appellate Public Defender works in conjunction with other criminal justice entities to ensure that Idaho's criminal justice system is both fair and available to all of Idaho's citizens.  As part of this work, the SAPD participates in the following organizations:

    The Governor's Criminal Justice Counsel

     The Idaho Criminal Rules Committee

    The Idaho Appellate Rules Committee

    The Idaho Drug Court Coordinating Committee

    The POST Grants and Planning Committee

    The Statewide Domestic Violence Committee

    Currently, the SAPD also provides free consultation and limited research services for all public defenders.  In the future, the SAPD will be providing free substantive training, with CLE credit, to public defenders across the state. 

Send mail to sthomas@sapd.state.id.us with questions or comments about this web site.
Last modified: 10/15/07