PRESS RELEASE

For Immediate Release Contact: Deborah Dubois (202) 452-0620, ext. 223 d.dubois@nlada.org

IDAHO’S FAILING INDIGENT DEFENSE SYSTEM DETAILED IN NEW REPORT National Legal Aid & Defender Association releases “The Guarantee of Counsel: Advocacy & Due Process in Idaho’s Trial Courts”

WASHINGTON DC, January 27, 2010 —The National Legal Aid & Defender Association (NLADA) released a groundbreaking report today that found that the state of Idaho fails to provide the level of representation required by our Constitution for those who cannot afford counsel in its criminal and juvenile courts. The report, The Guarantee of Counsel: Advocacy & Due Process in Idaho’s Trial Courts, details the lack of uniformity from one county to the next regarding who qualifies for a public defender, giving rise to the notion that justice in Idaho may very well depend on what side of a county line one’s crime is alleged to have been committed.

“One of the most glaring deficiencies is what passes for justice in the magistrate’s division of Idaho’s district courts where all misdemeanors are heard and where all felony charges begin,” stated David Carroll, NLADA’s Director of Research. “People of insufficient means are routinely processed through Idaho’s magistrate’s courts without ever having spoken to an attorney.”

Carroll further concludes that, “juveniles facing delinquency proceedings are an afterthought to the troubled adult system. Children who come in contact with delinquency courts too often have been neglected by the full range of support structures that normally channel children in appropriate constructive directions. When they are brought to court and given a public defender who has no resources and a caseload that dictates he dispose of cases as quickly as possible, the message of neglect and worthlessness continues.”

The report, one in a line of NLADA reports that focuses on statewide reform of criminal justice systems, points to the practice of delegating to each county the responsibility to provide counsel at the trial level without any state funding or oversight. By doing so, the report states, Idaho sews a patchwork quilt of underfunded, inconsistent systems that vary greatly in defining who qualifies for services and in the level of competency of the services rendered. While the report also shows admirable qualities of some of the county indigent defense services, NLADA found that none of the public defender systems in the sample counties were constitutionally adequate.

“The growing backlog means that people waiting for their day in court fill local jails at taxpayers’ expense. Failing to do the trial right the first time also means endless appeals on the back end – delaying justice to victims and defendants alike. And, when an innocent person is sent to jail as a result of public defenders not having the time, tools and training to effectively advocate for their clients, the true perpetrator of the crime remains free to victimize others and put public safety in jeopardy,” Carroll stated. For more information on The Guarantee of Counsel: Advocacy & Due Process in Idaho’s Trial Courts, please contact David Carroll at d.carroll@nlada.org or 452-0620 ext. 233. The report is available at: http://www.mynlada.org/content/idaho-report.

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The National Legal Aid & Defender Association, founded in 1911, is the oldest and largest national, nonprofit membership organization devoting all of its resources to advocating equal access to justice for all Americans. NLADA champions effective legal assistance for people who cannot afford counsel, serves as a collective voice for both civil legal services and public defense services throughout the nation and provides a wide range of services and benefits to its individual and organizational members. For more information, please visit www.nlada.org.