ID S1035

Repeals sections 19-867 through 19-872 of Idaho Code and creates a new Chapter 59 establishing the State Appellate Public Defender Act.

Creates the Office of State Appellate Public Defender in the Department of Self-Governing Agencies, to be appointed by the governor with senate consent, requiring 5 years of legal experience and serving a 4-year term removable only for good cause.

Authorizes the State Appellate Public Defender to provide representation for indigent defendants in appeals from criminal convictions, misdemeanors, juvenile cases, post-conviction relief proceedings, habeas corpus proceedings, and capital case post-conviction relief, but only for counties participating in the capital crimes defense fund.

Permits the State Appellate Public Defender to employ deputies and staff, contract with private attorneys for case-by-case representation to conserve resources, and promulgate rules necessary to carry out the office's duties.

Requires the State Appellate Public Defender to submit annual reports to the state board of examiners, supreme court, legislature, and participating counties, and updates section 19-863A to reference the new chapter instead of repealed sections.