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BOISE, Idaho (AP) — The U.S. Department of Justice and U.S. Attorney Wendy Olson are requesting to weigh in on a class-action lawsuit against Idaho's public defense system.
The parties earlier this month filed a motion to join the lawsuit on behalf of the United States. The Idaho Supreme Court has not yet approved the request.
"The United States has a strong interest in ensuring that all jurisdictions — federal, state, and local — fulfill their constitutional obligation to provide counsel to criminal defendants and juveniles facing incarceration who cannot afford an attorney," the motion read.
In January, an Idaho judge dismissed the American Civil Liberties Union's lawsuit seeking to overhaul how the state provides legal representation for indigent defendants as guaranteed by the U.S. Constitution.
The ACLU is now appealing the case. The ACLU has brought similar cases over public defense systems in parts of Michigan, Washington state and other regions. However, attorneys in Idaho say this is the first such case against an entire state.
"The fact that the Department of Justice has filed a motion in a state court case underscores how broken Idaho's indigent public defense system is and how urgent actual change is needed," said Ritchie Eppink, an ACLU-Idaho attorney.
The Idaho Legislature passed several reforms earlier this year, including allocating $5.5 million for the Public Defense Commission creating new standards for indigent defense services and implementing a grant-application process for counties to offset the cost of complying with the stricter criteria.
However, if the ACLU wins its appeal, it's unclear if the legislature's actions will be enough to prove they have seriously reformed the current system.
Idaho is one of just three states that don't provide funding for public defense.
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