Idaho governor recommends $88 million for State Public Defender FY 2026 budget

For the remainder of this fiscal year and the fiscal year 2026, Idaho Governor Brad Little is in favor of increasing funding for the State Public Defender’s Office.

Idaho’s county-based public defense system was merged into the new state agency on October 1. Although the organization received $52 million in its initial year of appropriation, it has experienced financial shortages ever since.

Members of the JointFinance-Appropriations Committee were informed Tuesday morning by Lori Wolff, Division of Financial Management Administrator for the Office of the Governor, that filling those positions has become more difficult as the agency cut contract attorney costs to stay within their budget. Furthermore, the agency is responsible for appeal transcript costs, which were not previously included in the original budget, according to a December ruling by the Idaho Supreme Court.

Since then, the organization has applied for additional funding, including $2.5 million to represent parents who are eligible under the Child Protective Act. Additionally, Idaho Governor Brad Little is proposing a $5.8 million supplementary appropriation for the remaining fiscal year to pay for staff and contractor expenses as well as transcript costs.Legislative approval is required for the supplemental money, which will eventually appear in appropriation bills.

A budget of $88 million is being recommended by Idaho Governor Brad Little for the fiscal year 2026, which begins in July. The agency’s budget would increase by 70% from its initial amount if the governor’s budget request were granted.

The State Public Defender’s Office explains why a budget increase is necessary.

In a press statement on Tuesday, State Public Defender Eric Fredericksen expressed gratitude to the governor for his backing of a budget increase for the fiscal year 2026.

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The governor’s budget plan includes a one-time $16.8 million transfer from the general fund to the State Public Defense Fund for additional personnel and contractor costs, as well as an additional $1.3 million for appeal transcript costs.

According to Fredericksen, it was quickly determined that the state’s public defense budget needed to be increased.

Since October, public defense has been a hot topic in Idaho, Fredericksen stated in the press release. We’ve been keeping a careful eye on issues throughout the state and are dedicated to collaborating with the Legislature to make sure we have the tools necessary to give our clients the superior defense they deserve.

According to the press release, the agency would be able to increase contract and conflict attorneys’ hourly charges from $100 to $150 with the support of the proposed budget, which would enhance public defense coverage in rural Idaho.

The proposed budget would also allocate $6.4 million for merit-based attorney pay increases. The new agency’s first pay scale was determined by years of service. As previously reported by the Idaho Capital Sun, this resulted in compensation rises for the majority of attorneys and pay reductions for others. It did not, however, take into consideration how complicated the cases that each lawyer was given were.

According to the agency’s announcement, a number of long-term public defenders have departed the agency due to the agency’s inability to pay based on merit, and a sizable number of previous contract attorneys withdrew from their cases due to the change in compensation structure. These issues are addressed in the proposed budget.

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Additionally, the idea would permit investigators who assist lawyers with complex cases to receive higher compensation. Pay will rise from $65 to $85 per hour under the proposal.

Kyle Pfannenstiel, a reporter with the Idaho Capital Sun, helped with this article.

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