Tucker v. State of Idaho

Brief of Amici Curiae National Association of Criminal Defense Lawyers and Idaho Association of Criminal Defense Lawyers in Support of Plaintiffs-Appellants.

Brief filed: 03/12/2020


Tucker v. State of Idaho

Supreme Court of the State of Idaho; Case No. 46882-2019

Prior Decision

Decision below Case No. CV-OC-2015-10240 (Ada County District Court)


Plaintiffs allege systemic deficiencies in Idaho’s provision of public defense services and seek prospective relief. The court is addressing the proper standard to apply to plaintiffs’ claims. Plaintiffs should be required to demonstrate that Idaho’s public defense system presents a substantial risk of harm to members of the plaintiff class. The types of harm that can result from the systemic deficiencies alleged by plaintiffs include overly high bail, unnecessary or overlong pretrial detention, unwarranted guilty pleas leading to negative collateral consequences, lack of time and resources to prepare defenses, wrongful convictions, and economic and social costs to society as a whole. 


Gia L. Cincone, Kilpatrick Townsend & Stockton LLP, San Francisco, CA; Jonah J. Horwitz, Boise, ID.

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