HISTORY AND STRUCTURE OF THE SAPD

Prior to 1998, appellate public defense services in non-capital cases, as well as capital post-conviction services, were the responsibility of Idaho’s 44 counties and were typically handled by local public defenders. However, there were challenges associated with that model. First, handling capital post-conviction cases at the county level raised conflict-of-interest concerns. Second, county-level public defenders were not appellate specialists and sometimes lacked the skill and experience needed to handle their clients’ appeals. Third, providing all these services locally was a significant financial burden for counties.

Thus, in 1998, the Idaho Legislature created the SAPD to reduce the financial burden on the counties while also ensuring competent counsel for defendants whose cases were on appeal.

The SAPD is comprised of two divisions: a Capital Litigation Unit and an Appellate Unit. The Capital Litigation Unit handles cases after death sentences are imposed. In those cases, the SAPD represents its clients in post-conviction proceedings in the district courts, and in consolidated direct/post-conviction appeals to the Idaho Supreme Court. The Capital Litigation Unit, when fully staffed, consists of four attorneys, an investigator, a mitigation specialist, and a legal assistant.

The SAPD’s Appellate Unit handles non-capital appeals. For much of its history, the Appellate Unit handled only felony direct and post-conviction appeals; however, in 2020, the Idaho Legislature expanded the SAPD’s authority to allow it to represent clients in misdemeanor and juvenile appeals as well. When the Appellate Unit is fully staffed, it consists of a unit chief, thirteen staff attorneys, four legal assistants, and one administrative assistant.