Ensuring Equal Justice through the SAPD and CCDF Programs in Idaho
In Idaho, the SAPD and CCDF programs aim to provide legal representation for indigent defendants to avoid disparities based on financial means. The Capital Crimes Defense Fund, established to fund defense costs in capital cases, operates as an insurance program supported by participating counties. Death penalty eligibility criteria, such as specific aggravating circumstances, are outlined, emphasizing the need for competent counsel to uphold justice for all.
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SAPD & CCDF There can be no equal justice where the kind of trial a man gets depends on the amount of money he has. -Griffin v. Illinois, 351 U.S. 12 (1956)
I.C. 19-868: Statement of Legislative Intent in creating the SAPD: The cost of legal representation for indigent defendants on appeal is an extraordinary burden on the counties . Reduce financial burden on counties Provide competent counsel Avoid paying high hourly rates to independent counsel
CAPITAL CRIMES DEFENSE FUND Created in 1998 by I.C. 19-863A As of December 2016, all 44 counties participate CCDF acts like an insurance program Counties pay an annual premium based upon population The counties pay a $10K deductible per case, then the fund covers the additional defense costs CCDF is managed by a 7 member Board of Directors elected by the counties Counties that participate in the fund also receive the services of the SAPD as defined in I.C. 19- 868, et. seq.
Idaho Code 19-863A (1) The establishment of a capital crimes defense fund by the counties of the state for purposes of funding the costs of criminal defense in cases where the penalty of death is a legal possibility is hereby authorized. The fund shall be organized and operated in accordance with a joint powers agreement, as authorized by chapter 23, title 67, Idaho Code, executed by the participating counties. Membership in the fund shall be voluntary, as determined by resolution of the board of county commissioners of the respective counties of the state.
Death Penalty Eligible 8) The murder was committed in the perpetration of, or attempt to perpetrate, a sex offense, and the defendant killed, intended a killing, or acted with reckless indifference to human life. First Degree Murder 1) Prior murder conviction. 2) Multiple murders. 3) D created great risk of death to others. 9) D has exhibited a propensity to commit murder which will probably constitute a continuing threat to society. 4) Murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration. 10) Murder against a former or present officer, officer of the court, judicial officer or prosecuting attorney because of the exercise of official duty or because of the victim s former or present official status. 5) Murder was especially heinous, atrocious or cruel, manifesting exceptional depravity. 11) Murder was committed against a witness or potential witness because of such proceeding. 6) Murder, or circumstances, the defendant exhibited utter disregard for human life. 7) Felony Murder and the defendant killed, intended a killing, or acted with reckless indifference to human life. Aggravated Kidnapping & Perjury Resulting in the Execution of Innocent Person
Capital Counsel Defense Requirements Capital Defense Team Lead Attorney 10/10 Requirement Previous Capital Experience Requisite Training 2ndChair Attorney 5/5 Requirement & Training Mitigation Specialist Investigator Two attorneys should be appointed at first appearance after a crime in which a death notice could be filed is charged . . . .
SAPD STAFF Administrative Eric D. Fredericksen, State Appellate Public Defender, 1 office administrator, 1 part-time runner Capital Litigation Unit 2 lead attorneys (1 is Chief of CLU), 1 staff attorney, 1 mitigation specialist, 1 investigator, 1 support staff Appellate Unit 1 Chief of AU, 11 staff attorneys, 3 support staff, 1 receptionist Total: 24 Full-Time Employees, 1 Part-Time Employee
APPELLATE UNIT CASE TYPES Direct Appeals An appeal from the felony conviction itself or grant of motion in a felony case on appeal by the State of Idaho Review of what occurred in court, on the record Generally reviewing whether the district court did its job consistently with the law Post Conviction Appeals, I.C. 19-4901, et. seq. Civil Action in which the former defendant sues the State asserting specific errors Allows the petitioner to provide evidence of things that occurred out of court and off the record Proper vehicle to raise claims of Ineffective Assistance of Counsel Habeas Corpus Appeals Generally limited to claims regarding conditions of confinement Some claims regarding parole processes
SAPD Capital Unit Post-Conviction Proceedings in District Court Filing Petition for Post- Conviction Relief Investigation Summary Dismissal Proceedings Evidentiary Hearing Consolidated Appeal Includes both the Direct Appeal and the Post- Conviction Appeal Interlocutory Appeals in Post- Conviction
