SAPD CCDF There can be no equal justice

SAPD & CCDF “There can be no equal justice where the kind of trial a man gets depends on the amount of money he has. ” -Griffin v. Illinois, 351 U. S. 12 (1956)

I. C. § 19 -868: Statement of Legislative Intent in creating the SAPD: The cost of legal representation for indigent defendants on appeal “is an extraordinary burden on the counties…. ” • Reduce financial burden on counties • Provide competent counsel • Avoid paying high hourly rates to independent counsel

CAPITAL CRIMES DEFENSE FUND • Created in 1998 by I. C. § 19 -863 A • CCDF acts like an insurance program • Counties pay an annual premium based upon population • The counties pay a $10 K deductible per case, then the fund covers the additional defense costs • As of December 2016, all 44 counties participate • CCDF is managed by a 7 member Board of Directors elected by the counties • Counties that participate in the fund also receive the services of the SAPD as defined in I. C. § 19868, et. seq.

Idaho Code § 19 -863 A • (1) The establishment of a capital crimes defense fund by the counties of the state for purposes of funding the costs of criminal defense in cases where the penalty of death is a legal possibility is hereby authorized. The fund shall be organized and operated in accordance with a joint powers agreement, as authorized by chapter 23, title 67, Idaho Code, executed by the participating counties. Membership in the fund shall be voluntary, as determined by resolution of the board of county commissioners of the respective counties of the state.

Death Penalty Eligible • First Degree Murder 1) Prior murder conviction. 2) Multiple murders. 3) D created great risk of death to others. 4) Murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration. 5) Murder was especially heinous, atrocious or cruel, manifesting exceptional depravity. 6) Murder, or circumstances, the defendant exhibited utter disregard for human life. 7) Felony Murder and the defendant killed, intended a killing, or acted with reckless indifference to human life. 8) The murder was committed in the perpetration of, or attempt to perpetrate, a sex offense, and the defendant killed, intended a killing, or acted with reckless indifference to human life. 9) D has exhibited a propensity to commit murder which will probably constitute a continuing threat to society. 10) Murder against a former or present officer, officer of the court, judicial officer or prosecuting attorney because of the exercise of official duty or because of the victim’s former or present official status. 11) Murder was committed against a witness or potential witness because of such proceeding. • Aggravated Kidnapping & Perjury Resulting in the Execution of Innocent Person

Capital Counsel Defense Requirements • Capital Defense Team § § Lead Attorney Ø 10/10 Requirement Ø Previous Capital Experience Ø Requisite Training 2 nd Chair Attorney • • 5/5 Requirement & Training § Mitigation Specialist § Investigator Two attorneys should be appointed at first appearance “after a crime in which a death notice could be filed is charged. . ”

SAPD STAFF • Administrative • Eric D. Fredericksen, State Appellate Public Defender, 1 office administrator, 1 part-time runner • Capital Litigation Unit • 2 lead attorneys (1 is Chief of CLU), 1 staff attorney, 1 mitigation specialist, 1 investigator, 1 support staff • Appellate Unit • 1 Chief of AU, 11 staff attorneys, 3 support staff, 1 receptionist • Total: 24 Full-Time Employees, 1 Part-Time Employee

APPELLATE UNIT CASE TYPES • Direct Appeals Ø An appeal from the felony conviction itself or grant of motion in a felony case on appeal by the State of Idaho Ø Review of what occurred in court, on the record Ø Generally reviewing whether the district court did its job consistently with the law • Habeas Corpus Appeals Ø Generally limited to claims regarding conditions of confinement Ø Some claims regarding parole processes • Post Conviction Appeals, I. C. § 194901, et. seq. Ø Civil Action in which the former defendant sues the State asserting specific errors Ø Allows the petitioner to provide evidence of things that occurred out of court and off the record Ø Proper vehicle to raise claims of Ineffective Assistance of Counsel

SAPD Capital Unit • Post-Conviction Proceedings in District Court Ø Filing Petition for Post-Conviction Relief Ø Investigation Ø Summary Dismissal Proceedings Ø Evidentiary Hearing • Consolidated Appeal Ø Includes both the Direct Appeal and the Post-Conviction Appeal • Interlocutory Appeals in Post. Conviction