TUCKER v. STATE

Docket No. 46882.

484 P.3d 851 (2021)

168 Idaho 570

Tracy TUCKER, Jason Sharp, Naomi Morley, and Jeremy Payne, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. STATE of Idaho; Darrell G. Bolz, in his official capacity as Chair of the Idaho State Public Defense Commission; Eric Fredericksen, in his official capacity as a member of the Idaho State Public Defense Commission; Paige Nolta, in her official capacity as a member of the Idaho State Public Defense Commission; Angela Barkell, in her official capacity as a member of the Idaho State Public Defense Commission; Dan Dinning, in his official capacity as a member of the Idaho State Public Defense Commission; Jonathan Loschi, in his official capacity as a member of the Idaho State Public Defense Commission; Sen. Chuck Winder, in his official capacity as a member of the Idaho State Public Defense Commission; Rep. Melissa Wintrow, in her official capacity as a member of the Idaho State Public Defense Commission; and Hon. Linda Copple Trout, in her official capacity as a member of the Idaho State Public Defense Commission, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2020 Term.

Opinion filed: April 8, 2021.


Attorney(s) appearing for the Case

American Civil Liberties Union of Idaho Foundation, Boise; American Civil Liberties Union Foundation, New York; Hogan Lovells US LLP, Washington DC, for Appellants. Elizabeth Lockwood argued.

Lawrence G. Wasden , Idaho Attorney General, Boise, for Respondents State of Idaho, Hon. Linda Copple Trout, Darrel G. Bolz, Angela Barkell, Sen. Chuck Winder, Rep. Melissa Wintrow and Dan Dinning. Leslie Hayes argued.

Parsons, Behle & Latimer as Special Deputy Attorney General, Boise, for Respondents Eric Don Fredericksen, Paige Nolta, and Jonathan Loschi. Leslie Hayes argued.


This case concerns a systemic challenge to Idaho's public defense system and asks the Court to answer two overriding questions: (1) what is the proper legal standard to be applied to the plaintiffs' claims at trial, and (2) what is the burden of the respective parties going forward?

The plaintiffs are indigent defendants...

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