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ACLU visits North Idaho

Keith Cousins | Hagadone News Network | UPDATED 8 years, 6 months AGO
by Keith Cousins
| May 4, 2016 9:00 PM

COEUR d'ALENE — Representatives from the American Civil Liberties Union of Idaho were in Coeur d'Alene Tuesday for meetings with government officials, and to provide the public with a recap of the 2016 legislative session.

The group, which is making similar trips to multiple cities in North Idaho throughout the week, is primarily focusing on the largest legislative victory it achieved this year — the passage of reforms to the state's public defense system. At a meeting with The Press Tuesday afternoon, they also offered a look at what the organization is, and isn't.

"We are the organization that helps protect the freedoms we have here in this country," said Leo Morales, executive director of the ACLU of Idaho. "What we are not is a partisan or very left-leaning organization."

Each year, the six-person team at ACLU of Idaho fields approximately 1,500 complaints from residents who feel their liberties have been violated. As an organization with limited resources, Morales said, it is challenging to sift through the multitude of complaints, but the organization typically takes cases that have broad impacts on Idahoans.

"And there's a lot of cases that we work on that don't make it to the news at all," said Ritchie Eppink, legal director.

In many instances, Eppink said the organization prefers to seek resolutions outside the courtroom. Eppink used the example of a Magic Valley resident who was denied a concealed carry permit because he had been charged with, but not convicted of, a crime.

All it took to correct the situation, Eppink said, was a letter from the organization to the county's sheriff, after which the resident was able to obtain a concealed carry permit.

The organization has also joined forces with its national arm to work hand in hand with the legal team of Anna Smith in "Smith v. Obama." Smith, an emergency neonatal nurse from North Idaho, filed a lawsuit against President Barack Obama and several U.S. intelligence agencies, challenging the government's bulk collection of telephone records.

Active litigation from the organization regarding Idaho's public defense system is pending, but the group told The Press the 2015 lawsuit put pressure on the Idaho Legislature to begin making needed reforms this session. Morales said public defense is a national issue that requires systemic changes to address the lack of parity between public defenders offices and their prosecutorial counterparts.

In March, Gov. Butch Otter signed House Bill 504, which distributes more than $5 million to Idaho counties in an effort to improve the delivery of trial-level public defense services. Eppink called the legislation the most significant public defense reforms passed in Idaho "possibly ever," but added more work and reforms are needed.

Kootenai County Public Defender John Adams is, according to Eppink, one of "the most vigorous" and effective public defenders in the state. However, at a meeting with Adams on Tuesday, Eppink said even a prominent public defender is challenged by the current system of public defense in the state.

"You have excellent lawyers struggling against insurmountable odds and tremendous case loads," Eppink added. "They have to make sacrifices."

Increased funding, as well as greater political independence, is required to have a truly effective public defense system throughout the state, the group said. Kathy Griesmyer, public policy strategist, called the $5 million a "down payment" and said estimates show an additional $20 to 30 million is still needed.

"This bill will allow us to actually get a better picture of how bad it is on the ground," Eppink added. "Right now we have no way to get the pulse of public defense in Idaho."

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