Idaho public defender’s proposed budget seeks increases to address defense in rural counties

Idaho State Public Defender Eric Fredericksen answers questions from the Joint Finance-Appropriations Committee on Tuesday, January 28, 2025. (Mia Maldonado / Idaho Capital Sun)

The Office of the Idaho State Public Defender is seeking a significant budget increase in the next fiscal year because its original budget was based on caseloads during the COVID-19 pandemic, Idaho State Public Defender Eric Fredericksen told the Joint Finance-Appropriations Committee on Tuesday. 

The committee, or JFAC, sets budgets for every state agency and department. 

In 2022, Idaho Gov. Brad Little signed House Bill 735 into law, which moved the responsibility of funding public defense from the counties to the state. House Bill 236, signed into law the following year, created the Office of the Idaho State Public Defender to consolidate the county-based public defense system into a statewide system. On Oct. 1, the new agency began taking on cases.

The agency was appropriated $52 million its first year, but it has faced funding shortfalls since the transition.

That’s because the agency’s original budget was set when the caseload for public defenders was low because of the COVID-19 pandemic, Fredericksen told JFAC, and caseloads have since significantly increased. 

The agency is now seeking legislative approval for a supplemental $8 million for the remainder of the 2025 fiscal year to cover representation to parents who qualify for the Child Protective Act, transcript costs, and personnel and contracting costs. 

And for the 2026 fiscal year, which starts in July, Little recommended an $88 million budget. Fredericksen said a budget increase would allow the office to increase pay based on merit, contract with attorneys in rural counties, and add new institutional offices in Benewah, Elmore, Jerome and Shoshone counties.

Those four new offices would increase public defense coverage, relieve the pressure on contract attorneys, and support a uniform system across the state, Fredericksen said in a letter to JFAC on Monday. 

“We believe the governor’s recommended budget request … will provide us with the resources we need to expand and improve on our initial work,” Fredericksen wrote in the letter.

In the letter to JFAC, Fredericksen addressed what the new agency has accomplished since it began taking on cases in October, including: 

• Gotten rid of flat-fee contracts
• Created a statewide case management system
• Given all public defenders and contract attorneys access to Lexis legal research platform at no cost
• Equalized salaries across the state, with nearly 77% of public defenders receiving raises
• Established 12 institutional offices across Idaho

But progress for the agency has been complex. The overhaul of Idaho’s public defense system triggered a wave of public defender resignations, particularly in the state’s largest counties where attorneys cited frustration with pay cuts, loss of mentorship from experienced attorneys, declining office morale and disorganization in the new system, the Idaho Capital Sun previously reported. 

“October 1 (was) difficult,” Fredericksen said. “We walked into 1,300 withdrawals in cases.”

Many of those withdrawals were because the agency got rid of flat fee contracts for attorneys in Idaho, which led to those case withdrawals. Fredericksen told JFAC that flat fee contracts are unethical. 

Since then, Fredericksen said he’s had to appear in court, along with his district attorneys who usually manage public defenders. 

From a business perspective, Rep. Josh Tanner, R-Eagle, asked what the Legislature can do to make sure Fredericksen and his district attorneys are more focused on management rather than having to appear at court. 

“Is it just money?” Tanner asked.

Idaho governor recommends $88 million for State Public Defender FY 2026 budget

“It is money,” Fredericksen said. “We’ve lost a lot of contractors. We’ve lost a lot of senior employees and institutional losses. Do I want to be in Jerome, Gooding and Twin Falls on a daily basis? That’s not the best use of my time. The best use of my time is to send out my district defenders and let them do their jobs, and get them out of court so they’re not handling cases.” 

Fredericksen said one of the agency’s biggest challenges is finding attorneys to represent clients in rural Idaho. To address this, the budget proposal includes an increase in the hourly rate for contract attorneys from $100 to $150, which would alleviate the shortage of legal representation in rural areas of the state, he said. 

Sen. Melissa Wintrow, D-Boise, said she understands that the Legislature underestimated the budget for the office. 

“Regardless of where we are now, I think we could’ve done a better job in the Legislature setting you up for a little more success,” Wintrow said.

The proposed budget will be voted on by JFAC at a later date. After the committee approves it, the budget will be included in appropriation bills for the Idaho House and Senate to consider and vote on at a later time.