Idaho Code
Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
Section 19-852 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.

19-852. RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT. (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to section 18-212, 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is entitled:
(a) To be represented by an attorney to the same extent as a person having his own counsel is so entitled; and
(b) To be provided with the necessary services and facilities of representation including investigation and other preparation. The attorney, services and facilities and the court costs shall be provided at public expense to the extent that the person is, at the time the court determines indigency pursuant to section 19-854, Idaho Code, unable to provide for their payment.
(2) An indigent person who is entitled to be represented by an attorney under subsection (1) of this section is entitled:
(a) To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and including revocation of probation;
(b) To be represented in any appeal;
(c) To be represented in any other post-conviction or post-commitment proceeding that the attorney or the indigent person considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.
(3) An indigent person’s right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.

History:
[19-852, added 1967, ch. 181, sec. 2, p. 599; am. 1969 (2nd E.S.), ch. 10, sec. 2, p. 20; am. 1981, ch. 114, sec. 3, p. 171; am. 1982, ch. 59, sec. 3, p. 92; am. 2013, ch. 220, sec. 2, p. 516.]

Structure Idaho Code

Idaho Code

Title 19 - CRIMINAL PROCEDURE

Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED

Section 19-801 - ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO COUNSEL.

Section 19-802 - SENDING FOR COUNSEL.

Section 19-804 - PRELIMINARY EXAMINATION.

Section 19-805 - COMMITMENT OR BAIL ON POSTPONEMENT.

Section 19-806 - FORM OF COMMITMENT.

Section 19-807 - ISSUANCE OF SUBPOENAS FOR WITNESSES.

Section 19-808 - EXAMINATION OF WITNESSES FOR STATE.

Section 19-809 - EXAMINATION OF WITNESSES FOR DEFENDANT.

Section 19-809A - CHILD’S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS.

Section 19-810 - EXCLUSION OF WITNESSES.

Section 19-811 - EXCLUSION OF OTHER PERSONS.

Section 19-812 - TRANSCRIPT OF PRELIMINARY EXAMINATION.

Section 19-813 - CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION.

Section 19-814 - DISCHARGE OF DEFENDANT.

Section 19-815 - HOLDING DEFENDANT TO ANSWER.

Section 19-815A - CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.

Section 19-816 - OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT.

Section 19-817 - BAILABLE OFFENSES — ORDER ADMITTING TO BAIL.

Section 19-818 - ORDER OF COMMITMENT.

Section 19-819 - FORM OF COMMITMENT.

Section 19-820 - UNDERTAKING OF WITNESSES TO APPEAR.

Section 19-821 - SECURITY FOR APPEARANCE.

Section 19-822 - SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN.

Section 19-823 - COMMITMENT FOR FAILURE TO GIVE SECURITY.

Section 19-824 - CONDITIONAL EXAMINATION.

Section 19-825 - RETURN OF PAPERS TO DISTRICT COURT.

Section 19-847 - INDIGENT PUBLIC DEFENSE — FINANCIAL .

Section 19-848 - SHORT TITLE.

Section 19-849 - STATE PUBLIC DEFENSE COMMISSION.

Section 19-850 - POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION.

Section 19-851 - RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS.

Section 19-852 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.

Section 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.

Section 19-854 - DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT.

Section 19-855 - QUALIFICATIONS OF COUNSEL.

Section 19-857 - WAIVER OF COUNSEL — CONSIDERATION BY COURT.

Section 19-858 - REIMBURSEMENT — WHEN AUTHORIZED.

Section 19-859 - PUBLIC DEFENDER AUTHORIZED — JOINT COUNTY PUBLIC DEFENDERS.

Section 19-860 - PUBLIC DEFENDER — COMPENSATION — APPOINTMENT — QUALIFICATIONS.

Section 19-861 - PUBLIC DEFENDER’S OFFICE — EMPLOYEES — COMPENSATION — FACILITIES.

Section 19-862 - APPROPRIATION FOR PUBLIC DEFENDER — PRIVATE CONTRIBUTIONS.

Section 19-862A - COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE.

Section 19-863 - DEFENSE EXPENSES — ALLOCATION IN JOINTLY ESTABLISHED OFFICES.

Section 19-863A - CAPITAL CRIMES DEFENSE FUND AUTHORIZED.

Section 19-864 - RECORDS OF DEFENDING ATTORNEYS — ANNUAL REPORT OF DEFENDING ATTORNEYS.

Section 19-865 - APPLICATION OF ACT — STATE COURTS — FEDERAL COURTS.

Section 19-866 - PROVISIONS NOT EXCLUSIVE.