Since 2022, Idaho has implemented sweeping reforms to its public defense system, shifting from a fragmented county-based model to a centralized, state-funded Office of the Public Defender. These changes, finalized in October 2024, aimed to address long-standing constitutional concerns about inadequate legal representation for indigent defendants. Now, the Idaho Supreme Court is reviewing whether the…
Earlier in 2025, Idaho legislators passed a bill allowing the death penalty in cases of aggravated lewd conduct involving children under the age of 12, despite a 2008 U.S. Supreme Court ruling that such punishments for non-homicide crimes are unconstitutional. The law, set to take effect in July, introduces a new offense—aggravated lewd conduct under…
In a significant but narrow ruling, an Idaho state judge slightly broadened access to abortion in the state by clarifying that a woman doesn’t have to be on the brink of death to qualify for an abortion under Idaho’s near-total ban. Judge Jason D. Scott ruled that doctors can legally perform an abortion if they…
The Idaho Senate recently approved a bill that bans sleeping outside or in cars in public areas, such as sidewalks, parks, and other public property, in cities with more than 100,000 residents. The legislation criminalizes camping in these areas 24 hours a day and allows the Idaho Attorney General to take action if cities don’t…
Governor Brad Little of Idaho signed House Bill 37 into law, making Idaho the only state to use a firing squad as its main method of execution. The law, effective July 1, 2026, was passed with broad support in the Idaho Legislature, with the Senate approving it 28-7 and the House 58-11. The bill directs…
A new bill introduced by House Speaker Mike Moyle would make it a felony to speak “recklessly” about another person. The bill, which has already been presented to the House State Affairs Committee, would impose extreme penalties, including up to a $100,000 fine, five years in prison, or both for “communicating to a person. .…
Yes, marijuana is still illegal in Idaho with no exceptions. Although most of our surrounding states have legalized marijuana to some extent, it remains a crime to possess any amount of marijuana in Idaho. Law enforcement can and do charge individuals for possession of marijuana, and driving under the influence of marijuana. Many people are caught with marijuana…
A new immigration bill in Idaho, House Bill 83, is set to move to the House floor after approval from the State Affairs Committee. This bill, devised to regulate unauthorized immigration, classifies a first offense as a misdemeanor and a second offense as a felony. Proponents claim law enforcement would only be allowed to enforce…
The ACLU of Idaho is urging the Idaho Supreme Court to step in and address what it calls a public defense crisis, alleging that the State’s recent overhaul of its public defense system is leaving indigent defendants without proper legal representation. After Idaho transitioned to a statewide public defender agency in October, mass resignations due…
In Idaho, harsh drug sentences are a significant driver behind the rising rates of female incarceration. Over the past few decades, the state’s tough-on-crime policies, particularly regarding drug-related offenses, have led to an alarming increase in the number of women behind bars. Many of these women are incarcerated for non-violent offenses, often related to addiction…