STATEMENT OF PURPOSE
RS27222C1 / S1284
The amendment to I.C. § 74-105(18) will ensure the confidentiality of indigent defendants' attorney work
product and attorney-client privileged information and the confidentiality of information about an attorney's
fitness to represent indigent defendants by making this information exempt from disclosure under the
Public Records Act. The Public Defense Commission records already contain such information therefore an
emergency exists, and the amendment contains an emergency clause making the amendment effective on and
after its passage and approval. The PDC's mission is to improve the delivery of indigent defense services
so that the safeguards of the 6th Amendment to the U.S. Constitution and Article I, Sect. 13 of the Idaho
Constitution are met. Indigent defendants sometimes misunderstand the PDC's role and as a result, send
attorney work product and attorney-client privileged information to the PDC believing the information will
remain privileged. The privilege does not extend to the PDC and this legislation will protect their constitutional
rights and keep attorney work product and attorney-client privileged information confidential. The amendment
will make this information exempt from disclosure under the Public Records Act. Additionally, in performing
its mission, the PDC evaluates attorneys' fitness to represent indigent defendants. This is separate from the
licensing and disciplining of attorneys handled by the Idaho State Bar. The PDC's evaluation involves the
review of information about attorneys from the subject attorney, their peers, the judiciary and others. Open and
honest input is critical to these evaluations and individuals may be unwilling to provide input, and attorneys
may be unwilling to seek qualification to represent indigent defendants if the information they provide is not
confidential. The amendment will make this information exempt from disclosure under the Public Records
Act.
FISCAL NOTE
There is no fiscal impact on either the State or units of local governments. The passage of the amendment does
not require any projected increase or decrease in existing or future appropriations for the State. No additional
staffing or resources are needed, because the amendment will not change how the PDC responds to public
records requests.
Contact:
Kathleen Elliott
Public Defense Commission
(208) 332-1736
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 02/04/2020, 8:04 AM


Statutes affected:
Bill Text: 74-105