19-853. DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL. (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 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 not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall:
(a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and
(b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer.
(2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code.
(3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the indigent defense provider.
(4) Upon notification by the court, the indigent defense provider shall represent the person with respect to whom the notification is made.
History:
[19-853, added 1967, ch. 181, sec. 3, p. 599; 1968 (2nd E.S.), ch. 10, sec. 3, p. 20; am. 1981, ch. 114, sec. 4, p. 172; am. 1982, ch. 59, sec. 4, p. 93; am. 1984, ch. 229, sec. 1, p. 548; am. 2001, ch. 160, sec. 1, p. 568; am. 2013, ch. 220, sec. 3, p. 516; am. 2014, ch. 247, sec. 4, p. 619; am. 2015, ch. 244, sec. 2, p. 1009; am. 2016, ch. 47, sec. 1, p. 98; am. 2016, ch. 195, sec. 3, p. 547.]
Structure Idaho Code
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 19-849 - 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 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.
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.