State Appellate Public Defender Appeals FAQ (Idaho)

The Idaho State Appellate Public Defender is a separate state agency from the trial-level State Public Defender and represents clients only in the Idaho Court of Appeals and Idaho Supreme Court. This FAQ explains that a notice of appeal must be filed within 42 days of the date of the final judgment or order, measured from the file stamp, and that the SAPD must be appointed by the district court, usually on a motion for appointment of counsel with proof of indigency filed alongside the notice of appeal. It distinguishes a Rule 35 sentence-reduction motion and a post-conviction petition, which is a separate civil action the SAPD cannot file, from a direct appeal, but confirms the SAPD can be appointed to appeal a denied post-conviction petition. It also covers briefing deadlines of 35, 28 and 21 days, petitions for review and rehearing within 21 days, and states the appellate process averages six months to a year. Office: 322 East Front Street Suite 570, Boise; (208) 334-2712.