Division of Financial Management Administrator Lori Wolff exits the Joint Finance-Appropriations Committee meeting room on Jan. 7, 2025, at the State Capitol Building in Boise. (Pat Sutphin for the Idaho Capital Sun)
Idaho Gov. Brad Little is supporting the State Public Defender’s Office to increase its budget for the remainder of this fiscal year and in the 2026 fiscal year.
On Oct. 1, Idaho’s county-based public defense system was consolidated under the new state agency. The agency was appropriated $52 million its first year, but it has faced funding shortfalls since the transition.
Division of Financial Management Administrator for the Office of the Governor, Lori Wolff, told members of the Joint Finance-Appropriations Committee on Tuesday morning that the agency reduced contract attorney costs to stay within their budget, which has made filling those positions more challenging. Additionally, the Idaho Supreme Court in December ruled that the agency is in charge of appeal transcript costs, which were not initially considered under the original budget.
The agency has since sought supplemental funds, including $2.5 million to provide representation to parents who qualify for the Child Protective Act. Idaho Gov. Brad Little is also recommending a supplemental appropriation of $5.8 million for the remainder of this fiscal year to cover transcript costs and personnel and contracting costs. The supplemental funds need legislative approval and will be in appropriation bills at a later date.
For the 2026 fiscal year, which starts in July, Idaho Gov. Brad Little is recommending an $88 million budget. The governor’s budget request, if approved, would grow the agency’s budget by 70% from its original appropriation.
State Public Defender’s Office breaks down need for budget increase
State Public Defender Eric Fredericksen in a press release Tuesday thanked the governor for his support for a budget increase in the 2026 fiscal year.
The governor’s proposal calls for another $1.3 million for appeal transcripts costs and a one-time $16.8 million transfer from the general fund to the State Public Defense Fund for additional personnel and contracting costs, according to the budget proposal.
Fredericksen said it didn’t take long to identify the need to increase the budget for public defense across the state.
“There has been a lot of talk and debate about public defense in Idaho since October,” Fredericksen said in the news release. “We’ve been paying close attention to concerns across the state and are committed to working with the Legislature to ensure we have the resources we need to provide the quality defense our clients deserve.”
The proposed budget would help the agency raise hourly rates for contract and conflict attorneys from $100 to $150 to improve public defense coverage in Idaho’s rural areas, according to the press release.
Additionally, the proposed budget would provide $6.4 million to allow for merit-based salary raises for attorneys. The initial salary structure under the new agency was based on years of service. This led to pay increases for most attorneys, and pay cuts for others, the Idaho Capital Sun previously reported. However, it did not account for the complexity of the cases assigned to each attorney.
A significant number of former contract attorneys withdrew from their cases over the change in pay structure, and several long-term public defenders have left the agency because of the agency’s inability to pay based on merit, according to the agency’s release. The proposed budget addresses those challenges.
The proposal also would allow for increased pay for investigators who help attorneys with complex cases. The request would increase pay from $65 an hour to $85 an hour.
Idaho Capital Sun reporter Kyle Pfannenstiel contributed to this story.
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