The Canyon County Public Defenders have sued the State and Canyon County. Wiebe and Fouser, P.A. currently holds the public defender contract, but recently the county invoked a 90-day termination provision and then sought bids. The complaint alleges that the County Board of Commissioners stated that it "wanted to find the bottom" on costs for public defender services. The complaint also notes that the Canyon County Prosecutor's budget is more than double the public defender contract.
The complaint seeks a declaratory judgment that I.C. 19-860(1) is unconstitutionally vague. (That statute direct counties to pay public defenders "not less than" county prosecutors "[s]o far as possible.") There is a request for injunctive relief preventing the County from terminating the contract as the 90-day termination clause violates the Idaho law which requires the term of the public defender be at least two years.
Painting with a broader brush, the complaint alleges two Sixth Amendment right to counsel claims. One against the County for failing to provide needed resources and because the County's Request for Bids does not require that the bidders meet minimum constitutional standards. The second alleges that the State has wrongfully delegated its duty to provide effective counsel to the counties. Last, there is an equal protection claim because the lack of adequate public defender services will have a disparate impact on minority persons as 20% of Idaho's racial minorities live in Canyon County.
Good luck to them. As previously mentioned, it's my hope that no one else even bids on this contract and Scott and Klaus will be able to squeeze more money out of the Commissioners. That'll teach'em for playing lowball. It's ridiculous for the prosecutors to have more than twice as much money as the PD's. The PD contract includes misdemeanor cases brought by three cities within Canyon County prosecuted by city attorneys and child protection cases brought by the AGs. So it's 13 PDs against 28 prosecutors.
Further, anyone who thinks they have the legal horsepower or the infrastructure to take over this contract is kidding themselves. Klaus, Scott and their office have more legal talent and experience than the rest of the Canyon County criminal defense bar combined. And more than the prosecutor's office too. One of the more horrifying aspects of this situation is the persistent rumor that a recent Canyon County prosecutor now in private practice intends to bid the contract. (Those who have practiced in Canyon Co. know who I'm talkin' 'bout!)
Thanks to Scott and Klaus for standing tall.
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The canyon county public defenders should not get paid shit, they do nothing for their clients.
ReplyDeleteMy Son has been denied by three canyon county public defenders for conflict and the newly appointed one hasn't even contacted him and it has been over a month and has continued for one year.
ReplyDeleteMy daughter's fiancé's Canyon County so called public defender just let the judge give my daughter's fiancé three years in Boise State Prison with no evidence except the claimant's word. I mean no evidence at all. What kind of justice system is this? All involved should be ashamed of themselves and reprimanded right away. This is absurd!!!
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