As Idaho's statewide public defense system is set to launch on October 1, the Idaho State Bar has issued an ethics opinion on attorneys withdrawing from pending criminal cases. With the state taking over the costs and responsibility of public defense, some attorneys have chosen not to sign on with the State Public Defender's Office or contract with the SPD. This has raised concerns about hundreds of defendants potentially being left without an attorney.

Public defenders can't simply walk away from cases without a judge's permission, even if their new state contracts mean they'll earn less. According to the opinion, a lawyer must file a motion to withdraw if compensation becomes an issue. The judge may deny that lawyer's motion. The opinion also outlines the process for requesting withdrawal and the responsibilities that come with it.

In a recent case, an attorney planned to withdraw from over 100 pending cases, citing the potential for conflicts of interest. However, judges have denied many of these requests, especially in cases where a judgment has been entered and defendants have 42 days to appeal.

The opinion emphasizes the importance of protecting clients' appellate rights and ensuring that their representation is not compromised by personal financial interests. If a judge believes withdrawing as a representative will jeopardize a defendant's rights, the lawyer must stay on the case. In this scenario, the state would pay the attorney at its designated rate, even if it's less than what the attorney received from their county contract.

Courts have broad discretion in granting motions to withdraw, and if a judge denies a lawyer's request to withdraw, the lawyer must continue to represent the client. The Idaho State Bar's opinion aims to address the concerns raised by the change to the state's public defense system and ensure that attorneys prioritize their clients' interests above their own.

Attorneys Must Stay Loyal to Clients Amid Public Defense System Change

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