>>> PRESENTATION OF "IDAHO REPORTS" ON IDAHO PUBLIC TELEVISION IS MADE POSSIBLE BY THE GENEROUS REPORTER OF THE LAURA MOORE CUNNINGHAM FOUNDATION, COMMITTED TO FULFILLING THE MOORE AND FAMILY BETTIS LEGACY OF BLISS THE THE BUILDING THE GREAT STATE OF IDAHO, BY THE FRIENDS OF PUBLIC TELEVISION, AND BY THE CORPORATION FOR PUBLIC BROADCASTING.

>>> PUBLIC DEFENSE HAS LONG BEEN A FRAUGHT ISSUES FOR IDAHO'S COUNTIES AND JUDICIARY, BUT THE STATE HAS TAKEN STEPS TO ADDRESS THOSE ISSUES.

HOW FAR HAVE WE COME AND HOW MUCH MORE WORK IS LEFT?

I'M MELISSA DAVLIN.

"IDAHO REPORTS" STARTS NOW.

♪ ♪ ♪ ♪ >>> HELLO AND WELCOME TO "IDAHO REPORTS."

THIS WEEK IDAHO STATE APPELLATE PUBLIC DEFENDER ERIC FREDERICKSEN AND SETH GRIGG, EXECUTIVE DIRECTOR OF THE IDAHO ASSOCIATION OF COUNTIES, JOINED ME TO DISCUSS RECENT CHANGES IN FUNDING TO PUBLIC DEFENSE AND WHAT THAT MEANS FOR IDAHO.

THEN AL AL, HYDROLOGIST AT BOISE -- AL ALE, HYDROLOGIST AT BOISE STATE UNIVERSITY, DISCUSSES THIS YEAR'S DROUGHT AND IT WHAT -- WHAT IT MEANS FOR FIRE SEASON AND AGRICULTURE.

>>> BUT FIRST, THE U.S. SENATE CONFIRMED JUDGE KETANJI BROWN JACKSON TO THE UNITED STATES SUPREME COURT ON THURSDAY, WITH BOTH IDAHO SENATORS OPPOSING THAT APPOINTMENT.

SENATOR MIC CRAPO SAID, I HAVE SERIOUS RESERVATIONS ABOUT HER JUDICIAL PHILOSOPHY AND WILLINGNESS TO INTERPRET THE LAW AS WRITTEN.

SENATOR JIM RISCH SAID JUDGE JACKSON'S PAST RULES DEMONSTRATE A COMMIT TO MAKE NEW LAW RATHER THAN INTERPRET THE CONSTITUTION AS ORIGINALLY WRITTEN.

OFFICIALLY, HER PAST PRO-ABORTION AND PRO LABOR UNION RULINGS MAKE CLEAR SHE WILL NOT DECIDE CASES BEFORE THE SUPREME COURT IN A CONSERVATIVE MANNER.

THE U.S. HOUSE OF REPRESENTATIVES ON TUESDAY PASSED A RESOLUTION TO EXPRESS UNEQUIVOCAL SUPPORT FOR NATO AS AN ALLIANCE FOUNDED ON DEMOCRATIC PRINCIPLES.

IDAHO REP MIKE SAMPSON'S REPORTED THE RESOLUTION BUT REPRESENTATIVE RULE VOTED AGAINST -- RUSS FULCHER VOTED AGAINST IT.

143 REPUBLICANS VOTING YES, BUT PASSED 362-63.

>>> CANDIDATE AMMON BUNDY APPEARED ON AIDE ON COUNTY COURT ON THURSDAY.

HE ARGUED THAT HIS TRAVEL FOR CAMPAIGNING WAS COMMUNITY SERVICE.

AN ADA COUNTY JUDGE SENTENCED BUNDY TO 10 DAYS IN JAIL FOR THE VIOLATION AND A $3,000 FINE.

>>> ON THURSDAY GOVERNOR BRAD LITTLE WENT TO REED ELEMENTARY SCHOOL IN KUNA TO SIGN A BILL FUNDING EARLY CHILDHOOD LITERACY PROGRAMS IN SCHOOL, COULD INCLUDE OPTIONAL FULL-DAY KINDERGARTEN.

>> WE WRAPPED UP THE SESSION AND K-12 FUNDING WAS INCREASED BY THREE MILLION DOLLARS.

THE SINGLE LARGEST INCREASE IN STATE HISTORY.

THAT'S 12 1/2% OVER LAST YEAR.

WE ALSO SHOULD EMPOWERING PARENTS WHICH WHY NEW GRANT THAT HELPED FAMILY -- WERE NEW GRANT THAT IS HELPED FAMILY TANK -- TAKE RESPONSIBILITY FOR THEIR CHILDREN.

WE WE WILL BE RECRUITING AND RETAINING QUALITY EDUCATORS AFTER GIVING THEN A 10% INCREASE IN PAY ALONG WITH BONUSES, PLUS AFFORDABLE AND I CAN'T STRESS THIS ENOUGH, HIGH-QUALITY HEALTH INSURANCE.

WE HAD AN ADDITIONAL 47 MILLION, WHICH WILL MEAN THAT IN THE LAST THREE YEARS, WE'VE INCREASED LITERACY FUNDING FIVE TIMES.

FIVEFOLD.

AND IT'S AN ACCOMPLISHMENT THAT I'M VERY PROUD OF.

>> OUR NUMBER ONE GOAL AS KINDERGARTEN TEACHERS IS TO INSTALL A LOVE OF SCHOOL AND A LOVE OF LEARNING.

THIS BILL MAKES THAT GOAL MUCH MORE FEASIBLE.

FUNDING ALL DAY EVERY DAY KINDERGARTEN ALLOWS US THE TIME TO MEET ALL CHILDREN AT THEIR INDIVIDUAL LEVELS, WHILE STILL KEEPING OUR INSTRUCTION ENGAGING, INTERACTIVE, AND FUN.

EACH YEAR WE HAVE STUDENTS THAT COME TO US, HAVING NO IDEA HOW TO HOLD A PENCIL, WHILE THEY'VE COME TO US READING.

AND OF COURSE EVERYTHING IN BETWEEN.

SOME STUDENTS COME TO US WITH A FAMILY WHO HAVE KNOWLEDGE AND TIME TO WORK WITH THEM, WHILE OTHERS COME FROM HOMES THAT ARE UABLE TO SUPPORT THEM.

HAVING BEEN IN ALL-DAY, EVERY DAY KINDERGARTEN CLASSROOM FOR THE LAST FOUR YEARS OF MY 19 YEARS OF TEACHING, IT'S BEEN A COMPLETE JOY TO BE ABLE TO SEE WHAT WE HAVE ACCOMPLISHED WITH ALL LEVELS OF STUDENTS.

>> IT'S PRIMARY SEASON AND THE IDAHO DEBATEDS HAVE ALSO ANNOUNCED THE FIRST FOUR CONFIRMED D-BACKS OF THE YEAR.

REPUBLICAN CANDIDATES FOR LIEUTENANT BEFORE ON 8 18TH, REPUBLICAN CANDIDATES ON APRIL 19TH, SUMMIT OF PUBLIC INSTRUCTION ON APRIL 25th, AND REPUBLICAN CANDIDATES FOR SECRETARY OF STATE ON APRIL 26TH.

ALL AIR LIVE AT 8:00 P.M. MOUN TOMB ON IDAHO PUBLIC -- MOUNTAIN TIME ON IDAHO PUBLIC TELEVISION.

WE HOPE TO HAVE MORE DEBATES ANNOUNCED SOON.

HAVE HAD US FOR MORE INFORMATION.

>>> PUBLIC DEFENSE IS AFFORDED TO DEFENDANTS IN CRIMINAL CASES AND SOME CIVIL CASES IF THE PERSON CANNOT AFFORD AN ATTORNEY.

ALL PEOPLE HAVE A CONSTITUTIONAL RIGHT TO COUNSEL.

UNDER PREVIOUS IDAHO LAW, THE COST OF THAT APPOINTED ATTORNEY WAS LEFT TO THE COUNTIES.

IN OTHER WORDS, AN UNFUNDED MANDATE WHICH CREATED STRAIN FOR COUNTY BUDGETS, PUBLIC DEFENDERS, AND DEFENDANTS.

IN 2015 "IDAHO REPORTS" TRAVELED TO NEZ PERCE COUNTY TO TAKE A LOOK AT THAT WORKLOAD.

>> THE SIXTH AMENDMENT IS THE PART OF THE BILL OF RIGHTS.

THE FIRST 10 EAMENTSDS TO THE CONSTITUTION.

THEY'RE VERY IMPORTANT ISSUES.

AND THEY WERE IMPORTANT TO OUR FOUNDING FATHERS BECAUSE OF THE STRUGGLE THEY WENT THROUGH WITH THE BRITISH.

IT'S A LOT EASIER TO SEE YOURSELF OWNING A GUN THAN FINDING YOURSELF AS AN INDIGENT DEFENDANT.

I THINK THAT IS THE PROBLEM.

>> IN IDAHO I THINK WE'VE BEEN -- HAD KIND OF A TENURE, YOU KNOW, WE'RE GOING TO PUNISH YOU.

YOU KNOW, WE'RE GONNA -- TO THE MAXIMUM.

AND BY REVISITING THOSE CRIMES, WHAT'S LISTED, I THINK THAT WOULD HELP LIGHTEN THE LOAD AND BE ABLE TO DEAL WITH THEM AS AN INFRACTION AND MAYBE EVEN MORE ADMINISTRATIVELY WOULD DEFINTELY BE APPROPRIATE AND WOULD PROVIDE MORE TIME AVAILABLE FOR THE PUBLIC DEFENDER ON MISDEMEANORS AND FELONIES.

>> SO I THINK OUR PROBATION IS WAY MORE DIFFICULT FOR OUR CLIENTS TO BE SUCCESSFUL AT.

AND I ALMOST SEE THAT WE'RE SETTING SOME OF THESE PEOPLE UP FOR FAILURE IN THAT PREBASE STOP -- PROBATION SYSTEM, BECAUSE AS COMPARISON, WASHINGTON HAS GUIDELINES SENTENCING.

IDAHO DOES NOT.

SO THE PUBLIC DEFENDERS IN WASHINGTON ARE REPRESENTING THAT PERSON FOR THE ONE YEAR ON PROBATION.

THE PUBLIC DEFENDERS IN IDAHO ARE REPRESENTING THAT PERSON FOR FIVE OR SEVEN YEARS ON PROBATION.

SO THERE'S A SIGNIFICANT DIFFERENCE BETWEEN THE PENALTIES AND HOW THE DEPARTMENT OF CORRECTIONS IN BOTH STATES ARE APPROACHING IT.

>> THE LEGISLATURE BELIEVES THAT THESE DECISIONS WERE MADE BETTER AT THE LOCAL LEVEL.

AND I THINK WHAT THEY'RE TALKING ABOUT IS MAKING THE HIRING DECISIONS BETTER ABLE TO SERVE THE COMMUNITY.

BUT THE PROBLEM IS THAT THIS IS NOT A LOCAL ISSUE.

THIS REALLY IS A STATE AND FEDERAL CONSTITUTIONAL ISSUE.

THE LOCALS HAVE TO DEAL THE HAND THAT'S DEALT THEM.

THEY HAVE TO USE THE TOOLS THAT THEIR GIVEN.

THEY HAVE TO -- THEY'RE GIVEN.

THEY HAVE TO MAKE SURE THEY'LL HIRE THE RIGHT PEOPLE T WELL-QUALIFIED PEOPLE, BUT THE COMMISSIONERS DON'T ALWAYS HAVE THOSE SKILLS.

THEY HAVE ALL THE RESPONSIBILITY AND ABSOLUTELY NO AUTHORITY HERE.

>> ON THURSDAY IDAHO STATE APPELLATE PUBLIC DEFENDER ERIC FREDERICKSEN AND SETH GRIGG, EXECUTIVE DIRECTOR OF THE IDAHO ASSOCIATION OF COUNTIES, JOINED ME TO DISCUSS RECENT CHANGES IN FUNDING TO PUBLIC DEFENSE AND WHAT THAT MEANS FOR IDAHO.

THANKS SO MUCH FOR JOINING US.

ERIC I, I WANTED TO START WITH YOU.

SEVEN YEARS LATER, WHAT IS THE STATE OF PUBLIC DEFENSE IN IDAHO?

>> IN 20 FROM TEEN, ON THE -- 2014, THE PUBLIC DEFENSE COMMISSION WAS CREATED.

WE'VE BEEN ABLE TO INFUSE I THINK IT WAS $11 MILLION THIS YEAR FOR WORKLOAD MONEY INTO THE COUNTIES.

WE HAVE 36 WORKLOAD ATTORNEYS THAT WERE ADDED TO THE COUNTIES.

AND WE HAVE THE 10 PRINCIPLES OF PUBLIC DEFENSE.

SO WE HAVE A SIGNIFICANT IMPROVEMENT IN PUBLIC DEFENSE OVER THE LAST SEVEN YEARS.

>> HOW DOES THAT COMPARE TO OTHER STATES?

>> IDAHO HAS REALLY BEEN A PIONEER WITH PUBLIC DEFENSE.

THE CASE WE HEAR ABOUT IS GETTING -- GIDDING VERSUS WAINWRIGHT.

THAT WAS 1963.

IDAHO ACTUALLY PROVIDED THE RIGHT TO COUNSEL AS EARLY AS 1923.

SO WE WERE 40 YOURS AHEAD.

THE 10 PRINCIPLES WE'VE BEEN ABLE TO SUPPLEMENT THOSE AND I THINK WE'RE ONE OF THE FIRST STATES TO ACTUALLY DO THAT FOR PUBLIC DEFENSE.

>> BUT THERE STILL HAVE BEEN SOME COUNTY-TO-COUNTY ISSUES.

SETH, I WANT TO BRING YOU IN.

CAN YOU EXPLAIN HOWS BILL 735 -- HOUSE BILL 735 ADDRESSES THAT ISSUE AND HOW IT SHIFTS FUNDING.

>> SO COUNTIES -- IF WE GO BACK TO PRIOR TO 200 14 WHEN THE -- 2014 WHEN THE PUBLIC DEFENSE COMMISSIN WAS CREATED, COUNTIES WERE THE EXCLUSIVE PROVIDER AND PAIR OF INDILLENT PUBLIC -- INDIGENT PUBLIC DEFENSE IN IDAHO.

COUNTIES WERE SPENDING ROUGHLY $21 MILLION A YEAR ON PUBLIC DEFENSE-RELATED EXPENDITURES.

YOU FAST FORWARD TO TODAY, AND BETWEEN THE DOLLARS THAT ARE COMING IN AND THE COUNTY MONEY THAT'S SPENT, IT'S UPWARDS OF $45 MILLION NAR SPENT ANNUALLY -- THAT ARE SPENT ANNUALLY ON PUBLIC DEFENSE.

AND FOR THE COUNTIES, THEIR SHARE OF THAT -- YOU KNOW, VARS DEPENDING -- VAR -- VARIES ON THE CASES AND THE WORKLOAD, BUT IT'S BETWEEN 33 AND 35 MILLION DOLLARS A YEAR, THAT LARGELY IS FUNDED BY PROPERTY TAXES.

THIS BILL IS SIGNIFICANT, BECAUSE IT CREATES A DEDICATED NONPROPERTY TAX FUNDING SOURCE FOR PUBLIC DEFENSE IN IDAHO.

AND SO WE WILL SEE COUNTIES MOVING FORWARD, REDUCE THEIR PROPERTY TAX BECOMES TO ACCOUNT FOR THESE -- BUDGETS TO ACCOUNT FOR THE NEW DOLLARS COMING IN.

SO OVER THE NEXT TWO YEARS, INSTEAD OF PROPERTY TAX PAPERS PAYING FOR IT, THIS WILL BE A SALES TAX DISTRIBUTION TO COUNTIES THAT WILL PROVIDE THE FUNDING.

NOW, THE IMPACT WILL VARY COUNTY BY COUNTY IN SOME COUNTIES THERE ISN'T AS MUCH POPULATION, THERE'S NOT AS MUCH WORK LOAD, SO THERE WON'T BE AS MUCH OF A PROPERTY TAX REDUCTION THERE.

BUT IN LARGER COUNTIES LIKE ADA COUNTY, THERE WILL BE UPWARDS OF A $9 MILLION REDUCTION IN PROPERTY TAXES, WHICH IF YOU LOOK THE AVERAGE IS BETWEEN FIVE AND 6% A YEAR IN PROPERTY TAX SAVINGS, WHICH FOR IDAHOANS WHO ARE STRUGGLING WITH RISING PROPERTY VALUES AND INFLATION AND OTHER FACTORS, THAT'S A SIGNIFICANT REDUCTION OF COUNTY PROPERTY TAXES.

AND SO WE -- WE HAVE LONG BEEN EXPLORING WAYS TO PROVIDE PROPERTY TAX RELIEF IN IDAHO AND THIS IS REALLY THE FIRST BILL THAT PROVIDES DIRECT PROPERTY TAX RELIEF TO IDAHOANS.

BUT IN ADDITION, IT FIXES THE REALLY IMPORTANT PROBLEM WITH HOW PUBLIC DEFENSE IS FUNDED IN IDAHO.

>> I WANT TO CIRCLE BACK AROUND TO PROPERTY TAXES BECAUSE THAT'S SUCH AN IMPORTANT TOPIC.

BUT WHILE WE'RE STILL ON THE PUBLIC DEFENSE PART OF THIS, WHAT DOES THIS CHANGE MEAN FOR THE PUBLIC DEFENDERS THEMSELVES?

>> WELL, I THINK WE'RE GOING TO CONTINUE TO HAVE AN IMPROVEMENT IN PUBLIC DEFENSE.

WE'LL HAVE MORE CONSISTENT TRAINING THROUGHOUT THE STATE.

WE DON'T KNOW WHAT THE SYSTEM IS GOING TO LOOK LIKE YET.

BUT WE ARE GOING TO HAVE STATE OVERSIGHT.

THE STATE'S RESPONSIBILITY FOR PROVIDING -- RESPONSIBLE FOR PROVIDING PUBLIC DEFENSE.

SO WE'LL STILL HAVE STANDARDS AND MORE CONSISTENT TRAINING THROUGHOUT THE STATE.

>> DO YOU THINK IT WILL IMPROVE THE QUALITY OF DEFENSE THAT DEFENDANTS RECEIVE?

>> ABSOLUTELY.

THAT'S THE GOAL AND THAT'S BEEN THE GOAL OF THE LEGISLATURE AND THE GOVERNOR'S OFFICE FOR THE LAST SEVEN, EIGHT YEARS.

AND QUITE FRANKLY SINCE THE BEGINNING, IDAHO HAS ALWAYS BEEN UP FRONT WITH PUBLIC DEFENSE.

THE QUESTION THAT SETH AND I NEED TO TALK ABOUT AND SOMETHING THE GOVERNOR'S OFFICE IS GOING TO WORK ON IS PUTTING TOGETHER WORKING GROUP FOR PUBLIC DEFENSE.

AND SO A GROUP OF EXPERTS THAT CAN DECIDE WHAT IDAHO SHOULD LOOK LIKE.

WE KNOW WHAT OTHER STATES HAVE DONE STATEWIDE.

BUT IDAHO IS UNIQUE AND WE'RE GOING TO DO IT OUR WAY AND WE'RE GOING TO HAVE AN IMPROVEMENT IN PUBLIC DEFENSE THROUGHOUT THE STATE.

>> CAN YOU TALK ABOUT THE CHANGES TO CAPITAL DEFENSE, BECAUSE THE MAJORITY OF THE WORKLOAD FOR PUBLIC DEFENDERS IS WHAT WE TALKED ABOUT EARLIER IN THE SHOW, RIGHT?

THE CRIMINAL AND SOME CIVIL ISSUES, BUT FOR THE MOST PART -- OR CRIMINAL, SORRY.

BUT A VERY SMALL PERCENTAGE OF THOSE ARE CAPITAL DEFENSE.

CAN YOU TALK ABOUT THOSE CHANGES?

>> ABSOLUTELY.

THAT'S AN EXCELLENT QUESTION.

SO APITAL OFFENSE IS UNIQUE IN THE -- YOU'LL ALWAYS HEAR PEOPLE SAY, DEATH IS DIFFERENT.

BECAUSE DEATH IS DIFFERENT.

IT'S FINAL.

ONCE THE CASE IS OVER.

AND SO THE GOAL IS TO HAVE TWO ATTORNEYS ON THOSE CASES.

YOU HAVE A MITIGATION EXPERT.

YOU HAVE AN INVESTIGATOR.

THE PROBLEM IS IN SOME OF THESE SMALLER COUNTIES, YOU DON'T NECESSARILY HAVE ACCESS TO TWO CAPITAL DEFENSE ATTORNEYS.

SO AS WE DEVELOP THE SYSTEM, THERE ARE A NUMBER OF DIFFERENT OPTIONS TO DEAL WITH THAT.

BUT ONE THING YOU CAN DO IS YOU CAN HAVE A CAPITAL TEAM OR A CAPITAL UNIT THAT TRAVELS AROUND THE STATE FOR THESE SMALLER COUNTIES IN THE EVENT THAT THESE ISSUES ARISES.

>> AND THAT REQUIRES SPECIAL TRAINING.

IT'S NOT THE SAME KIND OF TRAINING THAT MOST PUBLIC DEFENDERS RECEIVE.

>> ABSOLUTELY.

SO WITH CAPITAL CASES, MOST OF THE TRAINING IS DONE OUT OF STATE.

BECAUSE THAT'S WHERE THE MAJORITY OF THE EXPERTS ARE FOR CAPITAL DEFENSE.

AND THE ATTORNEYS HAVE TO DO 12 CREDITS OF CLEs EVERY COUPLE OF YEARS.

FOB QUALIFIED TO DO CAPITAL CASES.

>> AND I THINK AN IMPORTANT POINT THAT ERIC MADE IS THE IMPACT THAT IT HAS TO RURAL COUNTIES.

YOU LOOK AT A COUNTY LIKE FREMONT COUNTY RIGHT NOW THAT'S DEALING WITH TWO -- A SIGNIFICANT MURDER CASE WITH TWO DEFENDANTS.

AND THEY'RE GOING THROUGH PROCESS RIGHT NOW, BUT THAT IS VERY EXPENSIVE FOR A SMALL COUNTY LIKE FREMONT COUNTY TO HANDLE.

AND WHEN WE SEE THAT TIME IN AND TIME AGAIN, AROUND THE STATE WHERE A SMALL COUNTY WILL DEAL WITH THE CAPITAL CASE, AND GOING BACK INTO THE -- TO THE '90s, THAT'S WHY THE LEGISLATURE IN COUNTIES CREATED THE CAPITAL CRIMES DEFENSE FUND, BECAUSE WITHOUT THAT ASSISTANCE, YOU HAVE THE POTENTIAL OF BANKRUPTING A REALLY SMALL COUNTY.

AND SO THIS REALLY WILL PROVIDE SIGNIFICANT RELIEF AND HELP FOR OUR RURAL COUNTIES ACROSS THE STATE.

>> AND WHAT IS THAT CAPITAL DEFENSE TEAM?

>> THE LEGISLATURE CREATED THE CAPITAL CRIMES DEFENSE FUND.

AND THINK OF IT ALMOST AS AN INSURANCE PROGRAM ESSENTIALLY, WHERE EACH COUNTY IS REQUIRED -- THEY'RE NOT REQUIRED, BUT THERE'S SOME INCENTIVES AND STATUTE FOR COUNTIES TO PARTICIPATE IN THE FUND.

SO EVERY COUNTY IN THE STATE ANNUALLY CONTRIBUTES ON THIS FUND.

-- TO THIS FUND.

AND WHEN THERE IS A CAPITAL CASE, THE FUND ITSELF WILL COVER HALF OF THE -- YOU'RE REQUIRED TO HAVE TWO DEFENSE ATTORNEYS.

WE PAY FOR HALF OF THAT.

THE OTHER BENEFIT THAT IT PROVIDES, AND THIS IS WHERE THE REAL COST SAVINGS COMES IN, IS THAT ANY APPELLATE WORK THAT'S DONE POST CONVICTION IS ALL DONE THE APPELLATE PUP DEFENDERS OFFICE.

WHICH IS A SAVINGS.

THAT'S REALLY THE MOTIVATION FOR COUNTIES TO PARTICIPATE.

>> YOU BROUGHT UP AN IMPORTANT POINT ABOUT HOW THESE COUNTIES ARE SO DIFFERENT.

OF THE 44 COUNTIES IN IDAHO, WE HAD EVERYTHING FROM ADA COUNTY TO CLARK COUNTY THAT HAS FEWER THAN A THOUSAND PEOPLE LIVING THERE.

WILL THIS CHANGE FROM HOUSE BILL 735 HELP EVERY COUNTY EQUALLY OR ARE THERE SOME THAT BENEFIT MORE THAN OTHERS?

>> THAT'S A REALLY GOOD QUESTION, MELISSA.

YOU CAN LOOK AT IT FROM TWO STANDPOINTS.

ONE, YOU'VE GOT A SERVICE THAT'S PROVIDED BY THE COUNTY.

AND CERTAINLY THE RURAL COUNTIES -- I WOULD ARGUE STAND TO GAIN THE MOST FROM HOUSE BILL 735 FROM A SERVICE PERSPECTIVE.

THOSE ARE THE COUNTIES THAT STRUGGLE TO CONTRACT FOR ATTORNEYS OR HIRE ATTORNEYS, SO THEY DOUBT HAVE THE POOL TO PULL FROM.

SO THIS WILL MARKEDLY IMPROVE PUBLIC DEFENSE IN THOSE RURAL COMMUNITIES.

IF YOU LOOK AT IT FROM A PERSPECTIVE OF A PROPERTY TAXPAYER IN THE SAVINGS THAT A PROPERTY TAXPAYER WILL SEE, YOU'RE PROBABLY GOING TO SEE MORE OF A SAVINGS IN THE URBAN AREAS OF THE STATE, WHICH YOU KNOW, TEND TO SPEND MORE ON PUBLIC DEFENSE AND OTHER SERVICES.

SO IT DEPENDS ON HOW YOU LOOK AT IT, BUT FROM A TAXPAYER STANDPOINT, AND I LIVE HERE IN ADA COUNTY, I'M CERTAINLY GOING TO SEE THAT ON MY TAX NOTICE THIS NEXT YEAR AS WILL ALL THE OTHER RESIDENTS.

AND SO THAT'S THE -- I THINK THE BEAUTY OF THIS BILL IS IT TAXPAYERS BUT IT ALSO HELPS THE STATES AND COUNTIES IN SOLVING A REALLY IMPORTANT POLICY ISSUE.

>> FROM THE TAXPAYER PERSPECTIVE, IS IT ENOUGH PROPERTY TAX RELIEF?

>> YOU KNOW, THAT'S SOMETHING THAT PAUL -- MAKERS HAVE BEEN D-BACKING FOR THE LAST -- DEBATING FOR THE LAST FEW YEARS.

AND THE LEGISLATURE HAVE MADE A NUMBER OF SIGNIFICANT CHANGES WITH HOUSE BILL 389 LAST YEAR THAT IMPOSES ADDITIONAL BUDGET CAPITALS.

THIS -- CAPS.

THIS SESSION WAS THE ONLY REAL SIGNIFICANT PROPERTY TAX RELIEF BILL.

AND AGAIN, IF YOU LOOK AT IT FROM YOUR COUNTY TAX BILL, FOR EXAMPLE, IF YOU LOOK -- WHEN YOU GET YOUR TAX NOTICE, YOU'LL SEE A NUMBER OF LINE ITEMS.

YOU'LL SEE THE COUNTY, THE CITY, SPECIAL PURPOSE DISTRICTS.

AND WHAT THIS WILL DO, IF IN FACT EACH COUNTY YOU SEE THAT -- THAT SAVINGS, YOUR TAX BILL THAT YOU PAY TO THE COUNTIES WILL GO DOWN FIVE TO 6%.

NOW, THE COUNTY IS GOING TO RAISE THEIR BUDGET POTENTIALLY UP 3% UNDER THE CURRENT BUDGET LAW, BUT THAT'S LESS THAN THE SAVINGS.

SO YOU SHOULD SEE A NET DECREASE IN THE COUNTY PROPERTY TAXES YOU PAY.

BUT THAT'S ONLY A FRACTION OF THE TOTAL TAX BILL.

IF YOU LOOK AT THE AVERAGE TAX BILL IN IDAHO, ABOUT A QUARTER OF THAT IS TO THE COUNTY.

THE OTHER THREE-QUARTERS GOES TO THESE OTHER TAXING DISTRICTS.

AND SO YOU'RE GOING TO SEE PROPERTY TAXES INCREASE AS A RESULT OF THAT.

AND WE'RE HOPEFUL THAT THE LEGISLATURE WILL CONTINUE TO LOOK AT WAYS TO PROVIDE MEANINGFUL PROPERTY TAX RELIEF.

AND WE THINK THIS BILL SERVES AS A VERY GOOD MODEL FOR THAT.

TO REALLY TAKE A LOOK AT WHAT ARE THE ESSENTIAL MANDATED SERVICES THAT LOCALS HAVE TO PROVIDE AND COME UP WITH A DEDICATED -- FUNDING SOURCE FOR THOSE SERVICES SO THAT WE CAN SAVE TAXPAYERS.

BECAUSE REALLY, AT THE COUNTY LEVEL, WE DON'T HAVE A LOT OF OPTIONS BECAUSE MUCH OF WHAT QUESTION DO IS STAT YOU TOO TORL REQUIRED OF YOU -- STATUE TORELY PRIORED OF US.

DO YOU PRAISE PROPERTY TAXES OR AN ALTERNATIVE FUNDING SOURCE THAT COULD BE USED.

ANOTHER TOPIC WE'VE BEEN TALKING ABOUT IS TO SIMPLY GRANT COUNTIES THE AUTHORITY TO PROVIDE PROPERTY TAX RELIEF BY GIVING US OTHER AUTHORITIES.

FOR EXAMPLE, A LOCAL OPTION SALES TAX.

THAT COULD BE USED TO RAISE THE SALES TAX WITHIN A GRIEWNT BUT -- COMMUNITY BUT DEDICATE THOSE TO REDUCE THE PROPERTY TAX FOR TAXPAYERS.

>> WE TALKED ABOUT THE LEGISLATIVE SIDE OF ADDRESSING PUBLIC DEFENSE ISSUES.

THERE IS ALSO A LAWSUIT.

TUCKER V. IDAHO, THAT ALLEGED THAT IDAHO'S PUBLIC DEFENSE SYSTEM WAS INADEQUATE.

ERIC, YOU ARE A PARTY TO THAT LAWSUIT.

YOU INHERITED THAT WITH YOUR JOB.

YOU WERE APPOINTED TO IN 2016.

CAN YOU GIVE US AN UPDATE?

>> I CAN TELL YOU IT'S SET FOR TRIAL.

COMING UP THE SPRING OF 2023.

AND THAT'S ABOUT IT.

THE PUBLIC DEFENSE COMMISSION CONTINUES TO WORK ON IMPROVING PUBLIC DEFENSE.

WHILE WE'RE IN THE PROCESS OF DEVELOPING THIS NEW SYSTEM.

SO -- >> WHAT NEEDS TO HAPPEN NEXT?

>> WELL, I THINK WE'RE GOING TO SIT DOWN THIS SUMMER IN THE GOVERNOR'S OFFICE IS GOING TO PUT TOGETHER A WORKING GROUP OF EXPERTS TO IDENTIFY THE ISSUES THAT -- BECAUSE IDAHO IS SO DIFFICULT LIKE WE'VE BEEN TALKING ABOUT TODAY, WE HAVE BIG COUNTIES AND SMALL COUNTIES WITH ONLY A HANDFUL OF CASES.

SO DEVELOPING A SYSTEM WILL TAKE SOME TIME.

BUT THAT'S WHAT WE'RE GOING TO WORK ON THIS SUMMER.

AND HOPEFULLY HAVE SOMETHING FOR THE LEGISLATURE THIS NEXT YEAR.

>> ALL RIGHT.

ERIC FREDERICKSEN, IDAHO STATE PUBLIC DEFENDER AND SETH GRIGG, IDAHO ASSOCIATION OF COUNTIES EXECUTIVE DIRECTOR, THANK YOU SO MUCH FOR JOINING US.

>> THANK YOU.

>> THANK YOU.

>>> IF YOU'VE BEEN PAYING ATTENTION THE LAST FEW MONTHS, WE KNOW WE'VE HAD AN AWFULLY DRY WINTER.

HERE TO DISCUSS THE STATE OF WATER IN IDAHO IS DR. ALEJANDRO FLORES, HYDROLOGIST AT BOISE STATE UNIVERSITY.

THANKS SO MUCH FOR JOINING US.

WHAT'S THE STATE OF WATER RIGHT NOW?

>> THANKS LOT FOR HAVING ME.

THIS IS A QUESTION THAT I HAVE SEEN COME UP IN THE TWITTER SPHERE AND ELSEWHERE A LOT.

AND YOU KNOW, I HAVE TO BE HONEST WITH YOU.

RIGHT NOW IT'S NOT GREAT.

SO THERE ARE FOUR THINGS THAT I'M LOOKING AT RIGHT NOW THAT I TOO A LOOK AT TODAY.

ONE IS THE PRECIPITATION THAT'S FALLEN IN IDAHO THUS FAR IN THE YEAR.

TWO IS OUR SNOWPACKS, WHERE ARE THEY AT IN TERMS OF THAT NATURAL RESORT OF WATER.

THREE IS THE STORAGE OF WATER IN OUR ACTUAL RESERVOIRS.

AND THEN FOUR, WHAT IS THE OUTLOOK OVER THE NEXT COUPLE MONTHS.

AND IN ALL OF THOSE, IT'S A MIXED BAG TO WORSE.

AND FROM A PRECIPITATION PERSPECTIVE, FOR EXAMPLE, IN THE BOISE RIVER BASIN RIGHT NOW, WE'RE IN ABOUT 85% OF WHAT WE WOULD RECEIVE ON AN ANNUAL YEAR FOR THIS TIME OF YEAR.

SO THAT SOUNDS OKAY, BUT THEN WHEN WE PIVOT TO HOW MUCH OF THAT IS IN THE SNOWPACK, HOW MUCH HAVE WE RETAINED IN SNOW, AT THIS POINT IN THE SEASON, IT'S NOT LOOKING QUITE AS GOOD.

AND SO RIGHT NOW IN TERMS OF THE SNOWPACK IN THE BOISE RIVER BASIN, WE'RE AT 62% OF WHERE WE SHOULD BE THIS TIME OF YEAR.

AND IN AN HISTORICAL PERSPECTIVE, WE'RE IN ABOUT THE 10TH PERCENTILE.

SO THIS IS ALREADY SHAPING UP TO NOT BE A GREAT YEAR FROM A SNOWPACK PERSPECTIVE.

THEN IF WE PIVOT AND KIND OF LOOK AT, WELL, HOW MUCH WATER IS STORED IN OUR RESERVOIRS RIGHT NOW, BECAUSE THAT'S WHAT ULTIMATELY WE WILL USE, LATER ON IN THE SUMMER, TO IRRIGATE CROPS, THERE -- IT'S A MIXED BAG OR, YOU KNOW, CLOSE TO BEING AT PRETTY SIGNIFICANT LOWS.

AND SO AERO ROCK IS FAIRLY FULL.

IT'S AT ABOUT 89%.

ON THE OTHER HAND, LUCKY PEAK IS AT 55% AND ANDERSON RANCH AT 40%.

TO THE EASTERN PART OF THE STATE, IT GETS EVEN A LITTLE MORE BLEAK.

JACKSON LAKE ASK ABOUT 22% FULL -- IS ABOUT 22% FULL AND THE UPPER SNAKE IN PALISADES IS 38%.

I DON'T THINK THAT IT'S GOING TO GET A LOT BETTER IN TERMS OF PRECIPITATION STORIES.

SO I DON'T ANTICIPATE THERE'S GOING TO BE A LOT MORE WATER COMING IN -- INTO IDAHO IN THE NEXT FEW MONTHS.

WE'RE JUST ENTERING THIS TIME OF YEAR WHERE IT'S USUALLY PRETTY DRY AND PRETTY WARM.

AND SO IF I LOOKED AT THE CLIMATE PREDICTION CENTER WHAT THEY'RE LOOKING AT, WE'RE PROBABLY GOING TO HAVE -- YOU KNOW, THEY'RE EXPECT US TO HAVE RELATIVELY AVERAGE TEMPERATURES.

BUT IT LOOKS LIKE WE'LL BE AVERAGE TO BELOW AVERAGE PRECIPITATION OVER THE NEXT ONE TO THREE MONTHS.

>> TOUCHED ON THIS A LITTLE BIT.

B. UT BUT WHAT DOES THIS MEAN FOR AID VO EIGHT?

-- AG?

>> IT GOES INTO THE RESERVOIRS AND THE RESERVOIRS ARE REALLY WHAT WE USE TO IRRIGATE THE CROPS AND THE SNAKE RIVER PLAIN AND THE TREASURE VALLEY OVER THE COURSE OF THE GROWING SEASON.

AND WITH THE RESERVOIRS BEING YOU KNOW, HALF-FULL OR NOT THAT FULL, AND THE SNOWPACK BEING AT SORT OF FAIRLY HISTORICAL LOWS AT THIS POINT, IT LOOKED LIKE WE MIGHT BE IN A PINCH LATER ON IN THE SEASON.

AND OF COURSE, THAT'S REALLY GOING TO DEPEND ON, YOU KNOW, WHAT THE TEMPERATURES LOOK LIKE.

SO IF WE GET A BIG HEAT WAVE EARLY IN THE SEASON LIKE LAST YEAR, THAT DRIVES UP THE DEMAND OF WATER FROM THE CROPS AND IF WE DON'T HAVE THE WATER TO MEET THAT DEMAND, YOU KNOW, THEN WE HAVE TO START EITHER HARVESTING EARLIER OR JUST SORT OF LETTING THINGS GO FALLOW.

>> AND OF COURSE, I THINK WE'RE ALL CONCERNED ABOUT FIRES NO MATTER WHERE IN THE STATE.

BIG IMPLICATIONS TOO FOR HOW DRY OUR FORESTS MIGHT BE.

>> ABSOLUTELY.

ESPECIALLY ON THE SNOW SIDE.

REALLY, THE SNOW MELTS AND THEN IT GOES INTO THE SOIL AND THEN YOU KNOW, IT'S CONVEYED DOWN INTO OUR RIVERS AND STREAMS.

AND SO IF WE DON'T HAVE THE SNOWPACK OR IF THAT SNOWPACK IS MELTING QUICKLY, WE DON'T HAVE THE WATER THAT'S IN THE MOUNTAIN SOILS THAT THE TREES AND SHRUBS CAN RELY ON INTO THE SUMMER SEASON.

AND SO YOU KNOW, I DO HAVE SOME CONCERNS THAT SOME OF THE FORESTS MIGHT BE ENTERING THIS PERIOD WHERE THE TREES ARE STRESSED EARLIER THAN THEY TYPICALLY DO THIS YEAR BECAUSE OF THAT KIND OF BACK OF SNOWPACK.

>> ARE THERE SOME REGIONS OF THE STATE THAT ARE IN BETTER SHAPE OR IS IT KIND OF A BLEAK SITUATION EVERY WHERE IN IDAHO RIGHT NOW?

>> YEAH, RIGHT NOW THE NORTHERN PART OF THE STATE, MORE IN THE PANHANDLE, APPEARS TO BE A LITTLE BIT BETTER OFF JUST IN TERMS OF SNOWPACK.

BUT THE SOUTHERN PART OF THE STATE IS ALL PRETTY UNIVERSALLY LOW ON SNOW, LOW ON FLOW, LOW ON RESERVOIR STORAGE.

AND YOU KNOW, THE -- WHERE THERE IS KIND OF FORECASTS FOR SORT OF POTENTIALLY HIGHER THAN NORMAL TEMPERATURES, IS IN THE SOUTHEASTERN PART OF THE STATE, WHERE YOU KNOW, THERE'S SIGNIFICANTLY HIGHER CHANCES OF WARMER THAN AVERAGE TEMPERATURES OVER THE NEXT FEW MONTHS.

SO THAT WOULD BE MAYBE ONE PART OF THE STATE THAT I WOULD KIND OF KEEP AN EYE ON, ESPECIALLY.

>> WE'VE TALKED ABOUT THIS SNAPSHOT IN TIME WITH THE LAST FEW MONTHS AND THE COMING MONTHS.

WITH THE CHANGING CLIMATE AND WARMING TRENDS THAT WE'VE SEEN OVER THE LAST SEVERAL YEARS, IS THIS SOMETHING THAT WE JUST NEED TO GET USED TO IN IDAHO?

>> I THINK IT'S SOMETHING THAT YOU KNOW, WE AS A STATE SHOULD START HAVING YOU KNOW, TRUTHFULLY, SOME MORE DISCUSSIONS AROUND DROUGHT MITIGATION, DROUGHT ADAPTACE, HOW WE MANAGE OUR WATER RESOURCES, BECAUSE I DO UNFORTUNATELY THINK THAT YEARS LIKE THIS ARE GOING TO BE -- YOU KNOW, HAPPENING MORE FREQUENTLY IN THE FUTURE.

AND SO ANYTHING WE DO TO PUT IN EFFORT TO BUILD OUT DROUGHT RESILIENCE, BUILD IN DROUGHT ADAPTATION IN OUR COMMUNITIES, AMONGST OUR INFRASTRUCTURE, AMONGST OUR ECONOMIC SECTORS, THINGS THAT WE NEED TO DO TO BE CREATIVE AND BANGING WATERS OR STORING WATER -- BANKING WATERS, STORING WATER, WE SHOULD BE THINKING ABOUT THAT BECAUSE I THINK -- THAT NOW BECAUSE I THINK THIS IS THE START OF WHAT WE EXPECT TO SEE GOING FORWARD.

>> WE HAVE LESS THAN A MINUTE LEFT.

BUT I KNOW THAT WATER INFRASTRUCTURE HAS BEEN HIGH ON THE LIST OF PRIORITIES FOR THE IDAHO LEGISLATURE.

WHAT SPECIFICALLY WOULD YOU LIKE TO SEE?

>> I THINK IN A REALLY WHERE WE NEED SOME INNOVATION IS FREQUENTLY IN THE POLICIES SPHERE AND SORT OF ALLOWING FOR MORE COLLABORATION BETWEEN WATER USERS AND WATER MANAGERS IN THE FUTURE.

THAT COULD MAKE POTENTIALLY REALLY BIG DIFFERENCES WITH NOT A LOT OF BIG INFRASTRUCTURE.

>> ALL RIGHT.

WE'LL HAVE TO LEAVE IT THERE.

ALEJANDRO FLORES, BOISE STATE UNIVERSITY, THANKS SO MUCH FOR JOINING US TODAY.

AND THANK YOU FOR WATCHING.

YOU'LL FIND SO MUCH MORE OF OUR COVERAGE ONLINE.

A LINK AT IDAHOPTV.ORG/IDAHOREPORTS.

WE'LL SEE YOU NEXT WEEK!

>>> PRESENTATION OF "IDAHO REPORTS" ON IDAHO PUBLIC TELEVISION IS MADE POSSIBLE BY GENEROUS SUPPORT OF THE LAURA MOORE CUNNINGHAM FOUNDATION, COMMITTED TO FULFILLING THE MOORE AND BETTIS FAMILY LEGACY, BY THE FRIENDS OF IDAHO PUBLIC TELEVISION, AND BY THE CORPORATION FOR PUBLIC BROADCASTING.