Idaho

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rule goes beyond the statute and guarantees counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

In abuse/neglect cases, the court must appoint counsel for children 12 or older, as well as for children under 12 if there is no GAL.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Discretionary appointment of counsel

A court may appoint counsel for a child in an abuse/neglect proceeding.

Appointment of Counsel: discretionary Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

The court must provide counsel for a minor seeking to bypass the parental consent requirement for abortion.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel for the respondent in civil commitment proceedings, including those of a developmentally disabled person.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The Idaho Supreme Court found a 14th Amendment right to counsel in hospitalization proceedings.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a minor in a private custody dispute arising in a divorce.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Accused Person

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may provide for paid counsel for either side in DV cases in certain circumstances.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may provide for paid counsel for either side in domestic violence cases in certain circumstances.

Appointment of Counsel: discretionary Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in various types of guardianship situations, although in some cases the attorney serves in an ad litem role.

Appointment of Counsel: categorical Qualified: yes

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

Right to counsel

Persons lacking capacity to make treatment decisions have the right to counsel prior to appointment of a guardian to make such decisions.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Sterilization

Legislation

Key_development Question_mark

Right to counsel

Indigent persons have a right to counsel in sterilization proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in adoption proceedings only where consolidated with a termination of parental rights proceeding.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

In termination cases, the court must appoint counsel for children 12 or older, as well as for children under 12 if there is no GAL.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Discretionary appointment of counsel

A court may appoint counsel for a child in a termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is an arguable statutory right to counsel for parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents are entitled to counsel in termination of parental rights cases upon request, and are entitled to be notified of this right.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

A child's right to counsel in truancy proceedings depends on the age of the child.

Appointment of Counsel: categorical Qualified: yes

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