# Idaho Code § 19-6010: 19-6010 DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6010 ## Section - **Citation:** Idaho Code § 19-6010 - **Heading:** 19-6010 DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 19 / Chapter 60 / Section 19-6010 ## Text 19-6010. Duty to notify accused or detained of right to counsel. [effective until January 1, 2027] (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall: (a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and (b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer. (2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code. (3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the state public defender. (4) Upon notification by the court, the state public defender shall represent the person with respect to whom the notification is made. 19-6010. Duty to notify accused or detained of right to counsel. [effective January 1, 2027] (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall: (a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall: (a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and (b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer. (2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code. (3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the state public defender. (4) Upon notification by the court, the state public defender shall represent the person with respect to whom the notification is made. History: [(19-6010) 19-853, added 1967, ch. 181, sec. 3, p. 599; 1968 (2nd E.S.), ch. 10, sec. 3, p. 20; am. 1981, ch. 114, sec. 4, p. 172; am. 1982, ch. 59, sec. 4, p. 93; am. 1984, ch. 229, sec. 1, p. 548; am. 2001, ch. 160, sec. 1, p. 568; am. 2013, ch. 220, sec. 3, p. 516; am. 2014, ch. 247, sec. 4, p. 619; am. 2015, ch. 244, sec. 2, p. 1009; am. 2016, ch. 47, sec. 1, p. 98; am. 2016, ch. 195, sec. 3, p. 547; am. and redesig. 2023, ch. 220, sec. 6, p. 670; am. 2026, ch. 79, sec. 23, p. 415.] ## Nearby sections - [Idaho Code § 19-6001 19-6001 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6001.md) - [Idaho Code § 19-6002 19-6002 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6002.md) - [Idaho Code § 19-6003 19-6003 OFFICE OF THE STATE PUBLIC DEFENDER CREATED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6003.md) - [Idaho Code § 19-6004 19-6004 STATE PUBLIC DEFENDER — APPOINTMENT — TERM — PROHIBITED CONDUCT — REMOVAL — VACANCIES — REAPPOINTMENT — COMPENSATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6004.md) - [Idaho Code § 19-6005 19-6005 POWERS AND DUTIES OF THE STATE PUBLIC DEFENDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6005.md) - [Idaho Code § 19-6006 19-6006 DISTRICT PUBLIC DEFENDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6006.md) - [Idaho Code § 19-6007 19-6007 HIRING THE DISTRICT PUBLIC DEFENDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6007.md) - [Idaho Code § 19-6008 19-6008 INDIGENT PUBLIC DEFENSE — ROLE OF COUNTIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6008.md) - [Idaho Code § 19-6009 19-6009 RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6009.md) - [Idaho Code § 19-6010 19-6010 DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6010.md) - [Idaho Code § 19-6011 19-6011 DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6011.md) - [Idaho Code § 19-6012 19-6012 QUALIFICATIONS OF COUNSEL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6012.md) - [Idaho Code § 19-6013 19-6013 WAIVER OF COUNSEL — CONSIDERATION BY COURT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6013.md) - [Idaho Code § 19-6014 19-6014 FACILITIES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6014.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T19_C60_S19-6010. 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